Venice Commission welcomes reforms in Georgian judiciary, urges Gov’t to address earlier recommendations

The Venice Commission of the Council of Europe on Monday published its opinion on the amendments in the Georgian Law on Common Courts, adopted in June and September in efforts to meet conditions for receiving the European Union membership candidate status, noting while it welcomed the changes, its “important previous recommendations” had not been addressed and urged the domestic authorities to “pursue the reform strategy without unjustified delay”. 

The Commission said its March 2023 opinion had included “five key recommendations” concerning a “comprehensive reform” of the High Council of Justice of Georgia - an independent body authorised to select and appoint judges across the country and address other judiciary topics - as well as the necessity to “circumscribe the wide powers” of the body when transferring or seconding judges, the revision of the procedure for suspension of judges from office, restricting the grounds for judges’ disciplinary liability based on violations by judges of the principle of “political neutrality”, and “enhancing the binding nature” of Supreme Court decisions.

The Commission said the amendments adopted by the Georgian Parliament in June had addressed the recommendations over limiting the grounds for withdrawal of a member of the HCoJ, clarifying the moment when disciplinary proceedings should be considered as initiated and facilitating the procedure for access to court decisions.

It however noted that June and September amendments had not addressed the remaining recommendations that requested stricter age criteria for candidate judges to the Supreme Court, anti-deadlock mechanism in the nomination procedure to the Court, adding of specific requirements (including specialisation) in the procedure for the so-called “reallocation” of candidates and reduction of term of office of the Supreme Court President. 

The CoE said its opinion on specific amendments had been requested by the Committee on the Honouring of the Obligations and Commitments by Member States of the Council of Europe of the Parliamentary Assembly of the Council of Europe and the Speaker of the Parliament of Georgia. 

The Commission highlighted it had been informed by Georgian authorities that the discussed amendments were “only certain first steps” in their “global strategy of judicial reform” and that further amendments would follow.