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Sitting of the Committee on Human Rights and Civil Integration

Tuesday, February 14
The Changes shall be introduced to the Organic Law "On General Courts of Georgia”, regulating the issues, related to the Supreme Council of Justice, the rule of solution by the Council and the basics of dismissal of the Judges.

The Committee considered with the first reading the initiative of MPs: Pavle Kublashvili, Kakhaber Anjaparidze and Zviad Kukava. According to the changes to the Law, solely the Judge of the General Court will be eligible to occupy the position of the Secretary of the Supreme Council of Justice, which will foster the principle of majority of Judges in the Council. The Change applies the rule of decision-making on appointment of the Judge. Namely, the current rule will be annulled, which envisages necessity of approval of decision-making by each member of all three Governmental branches. According to the draft, making the decision on appointment of the Judge will need at least more than half of the Council members.

In order to enhance the guarantees of the legal protection for the Judge, the draft law envisages the change to the rule of dismissal of the Judge. Namely, dismissal of the Judge on the ground of failure to implement the duties for more than 4 months during the last 12 months, will be possible only in the event if the relevant medical conclusion exists, according to which he/she will no longer be able to implement duties of the Judge.

According to one of the authors of the draft law, Zviad Kukava, the changes are aimed at creation of additional guarantees for independence of the Court, enhancement of the role of the Judges in the Supreme Council of Justice and foster of politically neutral position of the Council.

The Committee also considered with the first reading the draft law "On Change to the Organic Law On General Courts” and two attending draft laws.

The draft law "On Changes to the Law On Activity Distribution and Delegation of Authority to another Judge in the General Courts” regulates the issues, related to the rule of delegation of authority to another Judge.

The changes stipulate that the Judge may be assigned to another Court with the term of 1 year on the basis of his/her consent. Deriving from the interests of jurisdiction, the Supreme Council of Justice will be authorized, without consent of the Judge, to adopt the decision on assignment thereof to another Court, though it will require approval of more than half of the nominal structure of the Council.

The draft law "On Change to the Law On Disciplinary Responsibility and Disciplinary Jurisprudence of the Judges of the General Courts of Georgia” regulates sundry aspects of disciplinary jurisprudence towards the Judges and ensures public accessibility of this process.
(Parliament’s Press Centre)