A new strategy, an Obsolete way - Part 1

On June 2022, 17, the European Commission published an opinion on Georgia's EU membership application. The document indicated that Georgia's European perspective depends on how it will respond to the priority challenges it faces; more specifically, 12 requirements were defined for obtaining the status of a candidate for EU membership. Among them are “the  adoption and approval of a transparent and effective judicial reform strategy and the post-2021 action plan, “which will ensure a " truly and fully independent, accountable and impartial judicial system and the division of power".

The European Commission calls on the authorities to eliminate a number of shortcomings at all stages of the process of appointing Supreme Court judges, to carry out a fundamental reform of the High Council of justice and to appoint members to vacant seats of this body. "All these measures should be implemented in accordance with European standards and recommendations of the Venice Commission."

In October of the current year, the legal issues committee of the Parliament of Georgia published, in its coordination, the document developed by the Judicial Reform Working Group - the judicial reform strategy and action plan. At the October 3 briefing, the chair informed us that the strategy has been developed with the involvement of the professional society and the public defender's office. At the same time, he stressed the fact that it is based on a 200 - page document developed by the Georgian Dream - "institutional development of Georgian justice in 2013-2021".

Court system strategy for 2017-2021

It is noteworthy that Georgia has adopted an extensive and comprehensive strategy for reforming the judicial system in the recent past, in 2017. In line with the EU-Georgia Association agenda, the judicial system strategy for 2017-2021 has been developed in accordance with the principle of inclusivity. 78 persons participated in the process - representatives of all three branches of government, as well as international and local organizations.

The document proposed a complex analysis of the problems related to each direction, an extensive and detailed action plan for their solution. However, as it appeared later, the legislative changes adopted and the steps taken in the framework of the reform have not made fundamental changes in any of these directions and have not caused significant positive changes in the system.

What does the government consider successful? 

The new strategy document, published on October 2022, 1, describes the judicial reforms implemented since 2013:

• Changes in the rule of selection of candidates for the Supreme Court of Georgia. 
• Defining complex rules for lifetime appointment of judges of the first and second instance courts 
• Evaluation based on the criteria of integrity and competence as a prerequisite for appointment as a judge.
• Establishment of a qualification chamber in the Supreme Court of Georgia and the possibility of appealing the decision of the High Council of Justice.
• Introduction of electronic rules for the distribution of cases.
• Increasing the standard of accountability of the High Council of Justice, which implies the obligation to publish substantiations of the council's decisions.
• The obligation of the council to consult with the judges of the relevant court regarding the appointment of the chairmen of the appeals and district courts.
• Creation of an independent inspector service of the Supreme Council of Justice.
• Change the rule of composition of the High Council of Justice of Georgia.
• Improving the standard of publicity and transparency of the activities of the High Council of Justice.
• Changing the rule of disciplinary proceedings against a judge: form the types of disciplinary penalties and grounds for liability in a new way.
• Possibility of mass media coverage of court hearings.
• Change of rules and conditions for the composition of the Independent Council of the High School of Justice.
• Increasing the standard of transparency and Publicity of the activities of the High School of Justice.
• New regulation of issues related to personal data of the High School of Justice listeners, etc.