State Inspector appeals law replacing service with new agencies in Constitutional Court

Georgian State Inspector Londa Toloraia has appealed the law abolishing the State Inspector’s Service and replacing it with two new agencies in Georgia’s Constitutional Court. 

Toloraia said her appeal requested an “immediate suspension” of the appealed norms before the court delivers its final decision on the case.

She added the new law contradicted Article 25 of the country’s constitution, based on which "every citizen of Georgia has the right to hold any public position if they meet the requirements established by law.”

Per the legislative changes initiated by the government, the inspector’s service will be replaced with the Special Investigation Service and Personal Data Protection Service in March. 

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The outgoing State Inspector also noted Georgia’s constitutional court would have the ability to play its role in the case to “ensure the stability of independent institutions and all elective positions and their protection from unjustified dismissal.”

The Georgian Young Lawyers Association (GYLA) is representing the interests of the State Inspector in the lawsuit, with a statement by GYLA saying Toloraia had been appointed to the position on July 3, 2019, for a term of six years, adding “under the disputed norm, the authority of the plaintiff Londa Toloraia was terminated after two years and eight months.”

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The Georgian parliament adopted the law on the State Inspector’s Service on July 21, 2018, and the Service began operations on November 1, 2019. The agency was tasked to conduct its investigations with the supervision of the Georgian prosecutor's office.

On December 30, 2021 the parliament adopted a bill replacing the State Inspector’s Service, which investigated alleged offences committed by state officials and law enforcement agencies, with the Special Investigation Service and Personal Data Protection Service. The approval came on the backdrop of calls by foreign diplomats, NGOs and the political opposition to pause the process prior to wide consultations.

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The selection commission for choosing the chairpersons of the newly established bodies was formed and began working on Monday.

The ruling party maintains the replacement of the State Inspector’s Service with two new agencies will strengthen the body and add functions to it, noting that the authority of the State Inspector’s Service “has been broadly expanded”.