The Venice Commission of the Council of Europe on Monday released its opinion on recent judiciary amendments adopted by the Georgian Parliament, in which it welcomed certain changes, but urged the domestic authorities to address “important previous recommendations” over the “comprehensive reform” of the High Council of Justice” and those related to the Supreme Court.
The Commission highlighted its March opinion came with five ‘key recommendations”, which along with the reform of the HCoJ, included circumscribing the “wide powers” of the HCoJ when transferring or seconding judges.
“Despite the amendment of the relevant provision and further draft amendments, this recommendation remains outstanding”, it said.
The Venice Commission noted the third key recommendation was to revise the procedure for suspension of judges from office and welcomed the relevant changes and considered that this recommendation had been followed.
“The fourth key recommendation was to restrict the grounds for a judge’s disciplinary liability based on the violation by a judge of the principle of ‘political neutrality’. This recommendation has been followed partly. However, the proposals contained in the September 2023 draft amendments, if adopted, would sufficiently address this recommendation”, said the Commission.
The Commission stressed the fifth key recommendation concerned enhancing the binding nature of Supreme Court decisions.
“This recommendation has been followed in part and further amendment could be made to expressly provide that the HCoJ should comply with the decisions of the Supreme Court adopted following an appeal”, it said.
The Commission concluded the June 2023 amendments and the September 2023 draft amendments did not address recommendations over stricter age criteria for candidate judges to the Supreme Court; anti-deadlock mechanism in the nomination procedure to the Supreme Court; adding specific requirements (including specialisation) in the procedure for the so-called “reallocation” of candidates; reduction of term of office of the Supreme Court President and urged the authorities to address them.
