Venice Commission on Judicial Independence

The law of Georgia on disciplinary responsibility and disciplinary prosecution of judges of common courts includes vaguely worded provisions that pose a real threat to the independence of the judiciary and ultimately to the rule of law, the Venice Commission said in an opinion adopted at its 70th plenary session in March.

?This Law should therefore be revised and its provisions redrafted in a clearer and more precise manner in order to bring it into line with European standards,? the Venice Commission said.

The Venice Commission, which is the Council of Europe?s advisory body on constitutional issues, also claims that the legislation that regulates the basis for a judge?s disciplinary responsibility and the disciplinary body that makes the decision need to be clearly defined. Moreover, it is necessary to seek a balance between the disciplinary responsibility of judges and the guarantees for their independence without compromising the latter by limiting it unnecessarily.

The Commission also commented on the case of the so-called ?rebel judges?, who were dismissed by the Judicial Discipline Commission of the Council of Justice for misconduct. ?This case opened a discussion in the country on disciplinary measures taken against judges and the threat that they pose to the guarantees for the judges? independence,? the Commission said.

Leader of the opposition Republican Party Tina Khidasheli said that the opinion adopted by the Venice Commission was an indictment of the Georgian authorities. She called on them to revise the legislation, as recommended by the Venice Commission.

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