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TI-Georgia Presses Government on Judicial Reforms

In its March 14 statement, Transparency International-Georgia joined other CSOs in criticizing the Government’s Action Plan on the European Commission’s nine steps for its vagueness and “lack of specificity,” especially in the area of judicial reform. Citing the official EU action plan adopted in November last year, TI says there are only three activities on judicial reform, one of which is the establishment of a working group, while the other two provide “only a broad reference to legislative changes”.

In light of this, the watchdog stresses that officials are taking a “discernibly negative stance” on one of the key recommendations, which is the establishment of an integrity check system for judges. The watchdog notes that “recent statements from top officials suggest a reluctance within the Georgian Government to implement crucial recommendations from the European Commission” stressing that the non-compliance with these recommendations “can impede Georgia’s integration into the EU, posing a substantial threat to the country’s membership prospects.”

The watchdog presents its vision and suggests that the Georgian Government take necessary steps towards addressing the reforms in line with the nine conditions and the Venice Commission recommendations.

One of the recommendations refers to the establishment of a system of extraordinary integrity checks for judges, referring to the so-called “vetting” system that has been rejected in recent weeks by Government officials and Supreme Court judges, despite strong support from civil society organizations.

The other recommendations are:

  • Assess the prevailing issues within the judicial system and acknowledge the necessity for institutional reforms.
  • Formulate a comprehensive strategy and action plan for strengthening the judicial system, addressing concerns raised by the European Commission, and proposing effective solutions.
  • Institute a decision-making process that ensures a balance of power between judge and non-judge members in the HCJ. Specifically, major decisions should adhere to the principle of a two-thirds majority, with equal representation from both judicial and non-judicial members.
  • Adopt the constitutional law, to raise the threshold for electing the Prosecutor General from a simple majority (76 votes) to a qualified majority (90 votes).

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