Supreme Court of Georgia

Press Release on the Opinion of the Venice Commission on the Draft Amendments to the Organic Law on the Court of General Jurisdiction

Published: 03/09/2013

Today on March 8, 2013 the Venice Commission adopted its Opinion on the Draft Amendments to the Organic Law on the Courts of General Jurisdiction initiated by the Ministry of Justice of Georgia.

The Supreme Court of Georgia welcomes the opinion of the Venice Commission that took into account the remarks and comments presented by the Georgian Judiciary. More precisely, the Venice Commission notes that the enactment of the new rule regarding the formation of the High Council of Justice should not automatically terminate the authority of the Councils current composition. In the opinion of the Commission this would interfere with independence of judiciary and would “set the precedent whereby any incoming government or any new Parliament, which did not approve of either the composition or the membership of the Council could terminate its existence early and replace it with a new Council”. 

The Venice Commission further notes that the Heads of the Courts, First Deputy Heads, Deputy Heads, Heads of the Chambers and Boards, also all the individuals holding such an office throughout the last 1 year should be entitled to run for the High Council’s membership. This very recommendation is at odds with the initiative presented by the Ministry of Justice, restricting the above-mentioned judges right to run for the Councils membership.

The Supreme Court of Georgia calls the Georgian Parliament to take into account the Venice Commissions Opinion and abstain from interfering into the work of an independent body of the Judiciary- the High Council of Justice.

The Supreme Court of Georgia expresses its readiness to play a leading role in the process of further reform of the Judiciary. In this regards it welcomes number of provisions in the amendments initiated by the Ministry of Justice of Georgia. The Supreme Court expresses its readiness to lead the reform process in close cooperation with all stakeholders.