President’s Constitutional Decision to Appoint HCoJ Board Member Stalled by ‘Unprecedented’ Court Ruling

On July 22, the Tbilisi City Court ruled to suspend President Salome Zurabishvili’s decree appointing Kakha Tsikarishvili as a member of the Board of the High Council of Justice (HCoJ). The Georgian President was also deprived of her constitutional right to hold a new competition and appoint a new member of the HCoJ.

President Zurabishvili appointed Kakha Tsikarishvili as a non-judge member of the HCoJ, the body overseeing the judiciary, for a term of four years on July 15. 

President Zurabishvili’s Parliamentary Secretary Giorgi Mskhiladze denounced the Court’s “unprecedented” decision, calling it “direct” and “illegal” interference in the President’s constitutional right to appoint the member of the HCoJ. 

“First, you have no right to make arbitrary decision; Second, this is the violation of principle of separation of powers; Third, this is yet another confirmation of clan rule in the judiciary for which even one different opinion in the High Council of Justice is unacceptable,” Mskhiladze said at a special briefing on July 22, adding that “no one” in a democracy has the right to deprive a head of state of her constitutional right.

“I address on society, diplomatic corps, international community, international organizations, OSCE/ODIHR, the representatives of which have been observing the process of appointing the member of the HCoJ Board ….to react to this issue,” he said. 

According to Article 52 of the Georgian Constitution, the President of Georgia has the right to appoint one member of the HCoJ. 

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