“The changes shall concern the rule of election of the Supreme Court Judges and shall change the procedure adopted with the recent changes by the Parliament”, - the Chair of the Party “For Justice”, Eka Beselia stated at the briefing today when introducing the new draft organic law on Common Courts. The draft envisages:

1. The Council of Justice to be obliged to nominate all the candidates registered to the vacant position of the Judge and meet the certain requirements established under the Constitution to the Parliament for voting;
2. The Decision shall be substantiated;
3. If rejected, the candidate shall be entitled to appeal the rejection.

The key principle is that the candidates shall be nominated to the Parliament with the “long-list” principle implying that the Parliament will have the opportunity to consider more candidates and choose the best of them. “Our draft also changes the current damaging practice which you have witnessed during the hearing of the candidates at the Legal Committee. This procedure will no longer depend on the wills of the Committee Chair or the majority but will be stipulated in the law and the Rules of Procedure and will apply all the candidates, their hearing, and consideration of their biographic data. The decision-making rule shall be as well stipulated in the law, including the rule on hearing the different positions, which shall be reflected in the conclusion”.

As to the objectives of the draft, a couple of days ago the European Parliament in its recent resolution made a critical statement and remark about the bad changes adopted by the Georgian Parliament and non-consideration of the Venice Commission recommendations and recommendations of other international partners on selection of the judges.

“Let me also remind you that according to the US Embassy, the EU and OSCE/ODIHR, the process by the Parliament and High Council of Justice was negatively estimated. The selection of the judges and the law adopted by the Parliament on the Common Courts were also criticized”.

After criticism, the Georgian Government and the ruling party should analyze the necessity of the new changes and consideration of the professional recommendations. “Since they have not introduced the new initiative, I put the Parliament and Majority to the fact and offer the edited version of the draft, which I have already initiated to the Parliament but dropped by the Majority. The draft considers the recommendations of NGOs as well. We have held the working meeting with the diplomatic corps and international society, as well as NGOs in Georgia. The draft has been sent to them and their remarks are reflected in the initiative”.

The political part of the issue is that the Georgian Government has been exposed to the greatest political damage due to this process, and now, it has a chance to change this damaging procedure and adopt new rules and improve the reputation of the Court.

“The judicial reform and independence of the Court is not the process already accomplished and ignored. It is a constant fight, it is the goal I keep my activity in and out of the Parliament for, and this Parliament, or the new term of the Parliament shall adopt these new changes”, - E. Beselia noted.