EU Ambassador says appointment of judge members of High Council of Justice ‘hasty, non-transparent, non-competitive’
Carl Hartzell calls on the Georgian authorities ‘to uphold their reform commitments, including in the justice sector, in the interest of Georgian citizens and of the future of EU-Georgia relations'. Photo: EU Delegation archive
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Head of the European Union delegation to Georgia Carl Hartzell said the recent appointments of two new judge members to the High Council of Justice, was ‘hasty, non-transparent and non-competitive’.
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Ambassador Hartzell said that these appointments took place on the day after local elections they were therefore ‘at odds with Georgia’s commitments aimed at increasing the independence, accountability, quality and trust in the judiciary’, in line with the EU-Georgia Association Agreement.
This is a fifth setback in the area of the judiciary and rule of law in Georgia, within only four months. It follows the further appointments to the Supreme Court on 12 July which lacked ‘integrity, objectivity and credibility’ according to the OSCE/ODIHR, the failure to fulfil the necessary judicial conditions to receive an extra 75 million EUR in EU macro-financial assistance by September 2021, the non-adoption on 7 September of the constitutional amendments on the Prosecutor General’s appointment and the lack - so far - of credible investigation and prosecution of the organisers of the 5 July violence targeting over 50 journalists and activists”, Carl Hartzell said.
He further noted that these developments ‘demonstrate yet again the urgent need to launch an ambitious judicial reform through a broad, inclusive and cross-party reform process, to which the Georgian political parties committed’.
Remarks by EU Ambassador Carl Hartzell following the appointment of two members of the High Council of Justicehttps://t.co/BrCWnygtQy pic.twitter.com/fFkiaFrWY8
— Carl Hartzell (@CarlHartzellEU) November 2, 2021
Calling on the Georgian authorities ‘to uphold their reform commitments, including in the justice sector, in the interest of Georgian citizens and of the future of EU-Georgia relations’, Ambassador Hartzell said the EU ‘reiterates that, while it remains fully committed to support Georgia’s reforms in line with the EU-Georgia Association Agreement, the EU’s assistance to Georgia remains conditional on progress on key reforms’.
Georgian Prime Minister Irakli Garibashvili has responded to recent statements of local and foreign politicians on the connection between EU financial aid and judicial reforms in the country. Garibashvili said that the Georgian Dream government has already carried out ‘fundamental reforms’ in the judiciary and remains committed to the tenets of the April 2021 EU-mediated agreement to proceed with court reforms.
The EU delegation to Georgia has responded to the Georgian government’s recent refusal to take the second tranche of the EU’s 150 million euro loan, stating that they ‘respect’ the decision, but noting that the country has been unable to completely fulfil preconditions that would have been needed to receive the second instalment.
NGOs have claimed that the ruling Georgian Dream party does not want the independence of the judiciary, following the appointment of six judges to the Supreme Court by the Georgian parliament yesterday, despite the calls from opposition, NGOs and the international community to place a moratorium on the process, in line with the EU-mediated agreement, which ended the political standoff caused by the parliamentary elections of October 2020.
The US Embassy to Georgia and the European Union delegation to the country say that they welcome the final bill on the “fourth wave” of judicial reform in Georgia, which has been made as a result of a broad consensus in a working group composed of different players, including the international community, civil society and the judicial sector.
The United States Embassy to Georgia has stated that the selection of two new members to the High Council of Justice on October 31 was ‘neither competitive nor transparent’. It further noted that the US ‘has long sought to build the capacity of qualified and dedicated judges while calling for reforms that would allow for accountability for judges who undermine the legitimacy of the judicial system’.
The Administrative Committee of the Conference of Judges, a self-governing body strengthening the independence of the judiciary, has responded to the recent criticism of the appointment of two new judge members to the High Council of Justice by saying they were 'not hasty’.
Over twenty judges have distanced themselves from criticism of EU and US concern over the appointment of two judge members of the High Council of Justice. Following the assessments of the EU and US dignitaries, President Salome Zurabishvili has also stated that the election of two new members ‘in this form and at this time is an incomprehensible step’. The Administrative Committee of the Conference of Judges disagrees.
The United States Embassy to Georgia has expressed its disappointment that the Georgian parliament is ‘moving forward with Supreme Court appointments’ before the completion of an independent assessment of the judicial reform.
The European External Action Service (EEAS) has released a statement condemning the recent appointment of four judges to the country’s Supreme Court despite calls to pause the process ‘before addressing the existing shortcomings.'
Shalva Papuashvili, the speaker of the Georgian parliament on Thursday announced a competition to elect five non-judge members of the high council of justice, whose positions have been vacant for “more than a year”.