Judicial reform: Georgia’s Chief Prosecutor elected not appointed

Georgia’s judicial system is undergoing reform. 

Lawmakers are currently debating several changes; one of which is the election, term and dismissal of Georgia’s Chief Prosecutor.

Currently candidates are appointed to the role however Georgia’s Justice Minister believed it should be more democratic and transparent, and a person should be elected instead.

The appointment and dismissal of Georgia’s Chief Prosecutor will be determined by the Prosecution Law, if Parliament of Georgia approves the proposed amendments.

Amendments have already been submitted to Parliament. The Bill noted the Chief Prosecutor will hold the post for a six-year term. An amendment to the law would prohibit the same person being appointed to the role for two consecutive terms.

In addition, the amended law noted the Prosecutorial Council as well as legislative and executive authorities will be involved in the process of appointing the country’s Chief Prosecutor.

Another amendment to the law stated the Prosecutorial Council Chairman – the Minister of Justice – should nominate a candidate for the Chief Prosecutor job. Then the Council will vote on the candidate and if a 2/3 majority is reached, the nominee will be successfully elected to the role. If the candidate fails to receive the required number of votes, the Minister of Justice will name another nominee.

Meanwhile if a candidate is successfully approved by the Council, the Minister of Justice will submit the nominee to the Government of Georgia, who are also tasked with approving the candidate.

After this the candidate will need to be approved by Parliament before being officially appointed to the Chief Prosecutor role. Parliament will vote on whether to approve the candidate or not through a secret ballot. If Parliament rejects the candidate, the Minister of Justice should submit another one.

On another note, amendments have been proposed regarding dismissal of the Chief Prosecutor. Presumption that the Chief Prosecutor committed a crime could be considered as reasonable grounds for dismissal, noted an amendment.

In this case the Prosecutorial Council will appoint an ad hoc prosecutor, who will prepare a report on the situation. Once the Council discusses the report, it will be sent to the Government and later to Parliament, where lawmakers will vote on the dismissal of the Chief Prosecutor.