De-oligarchization Plan - “Copy -Paste” from Judicial Strategy

Judicial part of the De-oligarchization Plan of the Georgian Government meticulously repeats 12 points from the Judicial Reform Strategy and Action Plan developed by the Parliament of Georgia in October 2022 (the Parliament adopted judicial strategy due to the 12-point conditions of the European Commission), directly confirming that the goals of 2022 judicial strategy has not been met.

In the Opinion on Georgia's application for membership of the EU issued on 17 June 2022, the European Commission, based on the fifth priority, recommended to implement the commitment to “de-oligarchization” by eliminating the excessive influence of vested interests in economic, political, and public life. 

Accordingly, Georgian government prepared De-oligarchization Plan, comprising of just 7 major directions, one of them covering judicial topics, which involves performing the tasks specified below.

Year of 2023 – De-oligarchization Plans

1. Ensuring optimal number of judges and judicial officials to perform assigned tasks and duties in a reasonable timeframe;
2. Decreasing case workflow and addressing issue of high workload in the courts, requiring development and promotion of alternative means of dispute resolution, such as arbitration and mediation;
3. Improving quality of court decision justifications and supporting capacity building of judges and court personnel;
4. Improving the mechanisms for introducing the approaches of the European Court of Human Rights;
5. Strengthening social protection guarantees for judges;
6. Further development of topics related to the transparency of the judiciary;
7. Further strengthening of trust in the judiciary by increasing public awareness and communication;
8. Improving prevention mechanisms of disinformation addressed towards the courts;  
9. Further strengthening of the jury institution;
10. Promoting practice of using electronic means in judicial processes;
11. Improving translation services to ensure proper protection of the right to fair trial;
12. Strengthening High School of Justice to properly ensure preparation of an appropriate number of trainees, necessary for the unhindered process of lifetime assignment of judges. 
    
    

Year of 2022 – Judicial Strategy and Action Plan

For the comparison, it is important to highlight the Judicial Strategy and Action Plan adopted by the Parliament in 2022, which included the implementation of the following reforms in the judicial system:

1. Ensuring optimal number of judges and judicial officials to perform assigned tasks and duties in a reasonable timeframe and maintain high quality of activities;
2. Decreasing case workflow and addressing issue of high workload in the courts, requiring development and promotion of alternative means of dispute resolution, through arbitration, as well as mediation;
3. Improving quality of court decision justifications and furhter supporting capacity building of judges and court personnel.
4. Improving the mechanisms for introducing the approaches of the European Court of Human Rights;
5. Strengthening social protection guarantees for judges;
6. Further development of topics related to the transparency of the judiciary;
7. Further strengthening of trust in the judiciary through increasing public awareness and communication, improving prevention mechanisms of disinformation addressed towards the judiciary;
8. Further strengthening of the jury institution;
9. Broadening practice of using electronic means in judicial case proceedings;
10. Improving material-technical and technological infrastructure, introduction of new services
11. Ensuring fully accessible environment for persons with disabilities, as well as creating relevant environment for the best interest of the child;
12. Improving translation services to ensure proper protection of the right to fair trial;
13. Strengthening High School of Justice to properly ensure preparation of an appropriate number of trainees, necessary for the unhindered process of lifetime assignment of judges from 1st of January, 2025.
14. It is advisable that the regulations of the Parliament of Georgia determine the obligation of the Parliament to hear the candidates for the membership of the Council at a public hearing of the Committee, in the process of selecting non-judge members of the High Council of Justice, taking into account the applicable norms of the Constitution of Georgia;
15. It is advisable to improve and refine certain topics related to the selection rules for the non-judicial members of the High Council of Judges, taking into account the applicable norms of the Constitution of Georgia; In particular, it is appropriate that in the process of selecting a judge members of the High Council of Justice by the Conference of Judges of Georgia, the candidates are given the opportunity to present their views to the Conference.
16. The Constitution Court of Georgia, with itd decision24 of 2019, declared unconstitutional the normative content of certain legislative norms, which excludes the release of the full text of court acts obtained as a result of open court session as public information. Therefore, it is advisable to implement corresponding legislative changes, which will ensure the conformity of the law with the Constitution of Georgia and the approaches outlined in this decision of the Constitutional Court. 

Duplication of the Parliamentary Strategic Plan statements into the De-oligarchization Plan adopted by the government means that the big part of the Judicial Strategy and Action Plan adopted by the Parliament was not fulfilled, and 2023 is indicated as the start date for all priorities. Additionally, it shall also be mentioned that both documents – Judicial Strategy and Action Plan, developed by the Parliament of Georgia, and De-oligarchization Plan, adopted by the government, does not cover the major challenges and systemic problems, which, in the end relates to strengthening of the judicial independence, transparency and efficiency.