What topics were discussed in June by the High Council of Justice?

The High Council of Justice sessions were scheduled seven times in June 2023;  three times they were held (meetings began up to two hours late), and four times they were postponed.

Key findings

• Following the election of new non-judge members to the High Council of Justice, the practice of adopting all decisions unanimously continued. Moreover, no dissenting opinions/questions were noted;
• The High Council of Justice failed to provide notice on the website of the session's delay promptly;
• Three meetings were held in total, two of which had their information about the appointment published in violation of the organic law – only one working day in advance rather than at least three working days. It should be noted that information about the June 2 meeting  was released within the timeframe established by law - 5 days earlier;
• The Chairperson of the High Council of Justice and Supreme Court Nino Kadagidze did not attend the June sessions;
• Two people, an independent inspector and a judge, resigned from their posts.

June 2, 2023

The meeting was initially set on May 30, but after two postponements, it finally took place on June 2. The allotted time for problem discussion was 23 minutes.

Nino Kadagidze, the Chairperson of the Supreme Court and the High Council of Justice, was absent from the session.

Agenda:

1. The letters from the Chairperson of the LEPL Department of Common Courts;
2. The letter from the Chairperson of the LEPL Department of Common Courts concerning the organizational issues;
3. Regarding amending some normative acts;
4. Organizational issues.

Main issues addressed during the session/decisions:

• The letter from the Chairperson of the Department of the Common Courts concerned the increase in funding for judges' apartment rentals. The Chairman presented the new city-by-city study findings, which demonstrated an almost universal increase in rent prices for residential apartments. The Chairman of the Common Courts Department stated at the Council meeting that if apartment rentals rise, the department has sufficient budget to cover the higher rents for judges' housing. The Department Chairperson was unable to respond to a council member's inquiry regarding the overall number of judges who would need to increase their residential rent, but he promised to provide more details. Members unanimously supported the increase in residential rent;
• The second topic concerned the set up of a judges' working meeting. There was a 40-judge working off-site meeting scheduled for June 12–14. The Council's unanimous approval allowed for the organization's issues to be resolved;
• The third topic was withdrawn from the agenda without an explanation;
• The fourth issue concerned the statement of Tbilisi Court of Appeal Judge Shota Getsadze about the resignation. As it became known, Shota Getsadze was appointed to the diplomatic department of the Ministry of Foreign Affairs based on the Minister's order of June 1. Accordingly, the members unanimously supported the termination of his judicial powers.

June 9, 2023

The meeting was originally scheduled for June 7, but it was eventually held on June 9. The allotted time for problem discussion was 24 minutes.

Nino Kadagidze, the Chairperson of the High Council of Justice and Supreme Court and Ketevan Tsintsadze, the judge-member of the High Council of Justice were absent from the session.

Agenda:

1. Regarding the powers of some judges;
2. Draft laws - "On Amendments to the Civil Procedure Code of Georgia" and "On Amendments to the Law of Georgia on Trademarks;"
3. Regarding amending some normative acts;
4. On determining the composition of chambers/panels in some district (city)/appellate courts;
5. Organizational issues.

Main issues addressed during the session/decisions:

• The first issue concerned the procedural decision to dismiss the judge following the law due to the passing of Judge Iryna Zarkua.
• The second issue concerned the amendment of the relevant law, in particular, according to the amendment- if someone requested that a court declare a trademark invalid and was denied, they should not be permitted to reapply on different grounds. The Speaker noted that he shared the bill with the judges, who were expected to give feedback, although not a single person at the meeting voiced an opinion. Dimitri Gvritishvili questioned why the change was being made and why the trademark was so unique that it prompted the need for such a limitation, given that the law does not restrict the opportunity to file an appeal in any other situation.
  Levan Mikaberidze also talked and provided legal justifications for why such a legislation change is not required. 
  After the discussion, it was decided to postpone the discussion of this issue, as there were comments and questions from the Council members. The High Council requested more time to acquaint themselves with the amendment package because it appears they did not read and comprehend it.
• The third and fourth issues were withdrawn from the agenda without explanation.
• Organizational issues concerned the transfer of judges without contest following Article 37. The application deadline was extended by four calendar days because no applications were submitted for the positions posted for the transfer of judges without competition under Article 37.

June 16, 2023

The meeting was originally scheduled for June 14, but the meeting was finally held on June 16 after two postponements. The allotted time for problem discussion was 18 minutes.

Ketevan Tsintsadze, the judge-member of the High Council of Justice and Nino Kadagidze, the Chairperson of the High Council of Justice and Supreme Court of Georgia were absent from the session.

Agenda:

1. The letters from the chairperson of the LEPL Department of Common Courts;
2. Draft laws - "On Amendments to the Civil Procedure Code of Georgia" and "On Amendments to the Law of Georgia on Trademarks;"
3. Regarding amending some normative acts;
4. On determining the composition of chambers/panels in some district (city)/appellate courts;
5. Organizational issues.

Main issues addressed during the session/decisions:

• The first issue - The letter from the Chairman of the Common Court Department was related to the repair of the internal and external facade of the Gori Court. The High Council of Justice unanimously agreed to authorize the repair works;
• Within the discussion on the second issue, the Council talked about the amendments to the Civil Procedure Code of Georgia and the Law on Trademarks. Finally, the comprehensive debate on the said issue was postponed with the justification that the High Council of Justice would continue the discussion of the said issue in more detail when the Parliament of Georgia discussed these proposed laws in more detail;
• The third and fourth issues were withdrawn from the agenda without explanation.
• On the basis of a personal statement, the independent inspector was dismissed from his position. The High Council of Justice announced a call for applications for the position following his resignation. June 25, 2023 has been set as the deadline for accepting applications;
• After the independent inspector resigned, at the same meeting, he was appointed as a Deputy Chairman of the Main Judicial Department. Nikoloz Marsagashvili, the Council Secretary, stated that he obtained Zurab Aznaurashvili's approval to be proposed for the role. The Secretary of the Council also asked the members of the High Council of Justice if an interview with the candidate was required, but they declined it because they all knew Zurab Aznaurashvili as a previous independent inspector. It should be emphasized that the independent inspector was not present at the discussion of his resignation from the position of the independent inspector and appointment to a new role.

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