The duties of the chairman of the Court panel and the chamber are not defined by the Organic Law on Common Courts of Georgia. However, the amount of remuneration is determined and, symbolically but still, different from that of a judge who does not hold another position.
- The salary of the chairman of the Tbilisi City Court panel is 4 300 GEL and the salary increment is 3 400 GEL.
- As for the Court of Appeals, the monthly salary of the chairman of the chamber (panel) is 5 300 GEL, and the salary increment is 3 050 GEL.
One of the privileges of the chairmen of the Panel and Chamber is less workload of judicial activity. For example, in special circumstances, it is mandated that no more than 5% of cases can be distributed to the chairman of the Panel/Chamber of the Court of Appeals and the Chairman of the Panel of the Tbilisi City Court (except for the cases directly envisaged by the legislation). Even though the administrative functions of the chairman of the Panel/Chamber of the court are vague, their workload with judicial activities is incredibly low.
There is no legal norm that defines the functions and authority of these officials. In practice, It is unclear exactly what kind of administrative obligations the chairmen of the court panel and chamber have.
The only record regarding the duties of the chairman of the court panel is the following: In the absence of the chairmen of the court, the chairman of one of the panels performs his/her duties by the chairman’s own instruction. In the absence of such an assignment, the chairman of the panel, who has more experience in operating as a judge, shall perform his/her duties. A similar record is found concerning the chairman of the chamber (panel) of the Court of Appeals, that in certain cases he/she may fulfill the obligation of the chairman of the Court.
Hence, we know what the chair of the panel or chamber does when the chair of the Court is absent, but we do not know what he/she does when the chair of the Court is present.
If we analyze the decisions of the High Council of Justice (which are published on the official website), it turns out that throughout the years the chairmen of different judicial panels/chambers and acting chairmen have often been the same people.
Tbilisi Court of Appeals
Chairman of the Chamber of Civil Cases:
Merab Gabinashvili - 2017 - 2019
Irakli Shengelia - 2019-present
As of today, many chambers and collegiums of courts do not have chairmen, which once again makes us question whether this position is necessary at all. In addition, it is unclear what and on what basis the persons who are appointed as the chairman of the board/chamber operate.
The High Council of Justice of Georgia shall appoint the chairperson of the judicial panel and chamber for a term of 5 years. A judge appointed for a 3-year probationary period may not be appointed as the chairperson of a panel or chamber, except when a person has at least 5 years of experience working as a judge. A judge appointed to the position for 3 years shall be appointed as the chairperson of the judicial panel within the term of his/her authority.
In courts where there are more than two judges and the proceedings are carried out with particular intensity, a specialized court panel may be created by the decision of the High Council of Justice. The latter determines the number and composition of judges in the judicial panels.
Currently, the panel is created in 6 regional (city) courts of Georgia:
And in the Courts of Appeals, there are:
The grounds for terminating the powers of the chairman of the Panel/Chamber of a district (city) courts and appellate courts are a personal statement, expiration of the term of office of the chairman, termination of judicial power, as well as disciplinary measures.
Over the years, the same people - current and former judge members of the High Council of Justice and judges close to them have been chairmen of the panel and the chamber, so we must assume that the appointment to this position, along with the less workload of the judicial activity, is related to other privileges. Since the model of the chairman of the collegium/chamber creates an additional element of subordination in the courts, another advantage of this position is the possibility of having influence in the courts.
The absence of the chairman of court chambers for a long period in some courts indicates that this position is not essential. Especially in the conditions when the law provides the position of the chairman of the panel or chamber, but their duties are nowhere to be found.
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