Parliament Overrides President’s Judicial Bill Veto

The Parliament of Georgia overturned with 97 votes the presidential veto on the package of bills known as the“third wave of judicial reform,” which, among other changes, entails the introduction of electronic case-assignment system.

President Giorgi Margvelashvili vetoed the package of bills on January 24, citing its contradictions with the principles of judicial impartiality and independence of judges.

The president instead offered to the parliament his amendments, which, according to Ana Dolidze, President Margvelashvili’s parliamentary secretary, “limits the possibility of control and influence over the judiciary.”

According to presidential remarks, the appeals and city court chairpersons should be elected for a term of five years by judges, instead of the GDDG-proposed appointment by the High Council of Justice out of three candidates nominated by judges.

The President’s another remark, relates to lifting the obligation of a three-year probationary period for judges before their lifetime appointment.  The GDDG-proposed bill lifts this requirement only for those incumbent and former members of Constitutional and Supreme Courts, who have at least three-year work experience. For all other potential judges, the obligation remains intact.

Margvelashvili also proposed to specify the minimum and maximum numbers (from 16 to 28) of the Supreme Court judges, unlike the GDDG-proposed rule, which sets the minimum number at 16 and allows the Supreme Court’s Plenum to further increase it.

All three parliamentary opposition groups – the European Georgia, the United National Movement and the Alliance of Patriots – spoke in favor of presidential remarks during the discussion on February 8. But, as it was expected, presidential veto was voted down by the ruling party MPs.

Mamuka Mdinaradze, chairman of the Georgian Dream faction, said that the party would vote against the remarks, which, in his words, “lacked arguments.” He, however, added that GDDG would monitor the reform implementation process and continue “thinking of improving the judiciary.”

“In the last four years, we have extremely positive results in the judiciary and the third wave of reforms will ensure its further strengthening … Overriding the presidential veto, does not, in any way, reduce the level of judiciary independence,” Parliamentary Chairman Irakli Kobakhidze said after the vote.

But the head of President Margvelashvili’s administration, Giorgi Abashishvili, stated that “it is hard to understand” the Parliament’s decision, considering that "the remarks were aimed at increasing the independence and protection of the judiciary and were based on the positions of the Venice Commission."

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