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High Council of Justice of Georgia

High Council of Justice of Georgia

High School of Justice of Georgia

High School of Justice of Georgia

Disciplinary Committee of Judges of Common Courts of Georgia

Disciplinary Committee of Judges of Common Courts of Georgia

Georgian Bar Association

Georgian Bar Association

Coalition for an Independent and Transparent Judiciary

Coalition for an Independent and Transparent Judiciary

National Center for Commercial Law

National Center for Commercial Law

National Center for Alternative Dispute Resolution

National Center for Alternative Dispute Resolution

Arbitration Initiative Georgia

Arbitration Initiative Georgia

EWMI/PROLoG supports Parliamentary working group to draft legislative amendments in light of Constitutional Court’s ruling on probation for judges

17 May 2017 “The standards and criteria towards the judicial candidates should be equal when it comes to the lifetime appointments” – Eka Beselia, Chair of the Legal Issues Committee, the Parliament of Georgia

On May 14-15, EWMI/PROLoG supported a working meeting of the parliamentary committee drafting legislative amendments in light of the February 2017 Constitutional Court judgment on probation for judges.

The Constitutional Court judgment partially abolished the three-year probation requirement for the lifetime appointment of former and current judges. Specifically, the Constitutional Court considered unconstitutional application of the probationary period to judges or former judge with three or more years of judgeship experience, and mandated the Parliament to adopt new rules by July 1, 2017 that set out procedures for the appointment for judge applicants who are exempt from probation.

To implement this decision, earlier in May the special working group was established by Parliament’s Legal Issues Committee. The working group is chaired by the Committee Chairperson, Eka Beselia. Its members consist of the members of Parliament, as well as the Chair of the High Council of Justice (HCOJ), and members. The legal counsellors of the Legal Committee and HCOJ, as well as representatives of EWMI/PROLoG, were also involved in the working group. EWMI/PROLoG also invited an international expert on judicial selection and appointments, U.S. Judge Timothy Baland, to advise the working group and draft legislative amendments establishing a rigorous vetting system for judge applicants who are exempt from probation. 

A number of other possible amendments were also discussed during the workshop. The bill of amendments to the Organic Law on Common Courts drafted by the Committee of Legal Issues following the workshop is scheduled to be officially initiated later this week at the Parliament.

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