Recommendations
|
CHECKING INTEGRITY OF OFFICIALS | - Georgian Court Watch considers timely kick-off of the works to fulfil the European Commission conditions is important. Creation of an emergency system (based on the inclusive process), which would check the integrity of officials in the judicial system, is particularly noteworthy.
|
COMPOSITION OF HIGH COUNCIL OF JUSTICE
| - Composition of the HCoJ to be changed in a manner, where the majority of the members will be non-judge members.
- Improve criteria, which shall be met by the subject, non-entrepreneurial (non-commercial) legal entity, nominating a candidate for the non-judge membership. In particular, an additional criterion shall be determined for the nominating non-entrepreneurial (non-commercial) legal entity to have no less than last two years of experience in the implementation of activities (projects, research) in justice system.
|
ELECTING JUDGE MEMBER OF THE COUNCIL | - To introduce an obligation for the Council membership candidates to present their views and opinions towards the Conference of Judges.
|
HEAD OF THE HIGH COUNCIL OF JUSTICE | - To restrict the Head of the Supreme Court from being elected as a Head of HCoJ;
- To elect a non-judge member as the Head of the HCoJ and reduce his/her term of office.
|
COUNCIL SECRETARY | - To review the institution of the HCoJ secretary. To elect a HCoJ secretary, who is not a sitting judge, and additionally, to restrict the mandate of the secretary to managing the administration of the HCoJ, not participating in the Council meetings by having a vote.
|
RULE FOR DECISION MAKING | - To change point 2 of Article 50 of the Georgian Organic law on Common Courts, according to which, a decision of the High Council of Justice of Georgia shall be deemed to have been adopted if it is supported by a majority of the members present. Instead, to be determined that a decision of the High Council of Justice of Georgia shall be deemed to have been adopted if it is supported by a majority of the total members of the Council.
|
TRANSPARENCY OF THE HIGH COUNCIL OF JUSTICE | - Point 4 of Article 49 of the Georgian Organic law on Common Courts to specify and clearly define publication of the documents to be discussed, attached to the session agenda, by the High Council of Justice.
- The High Council of Justice to post its decisions on the official website in line with the timeframes set by the regulations. It is also important than the HCoJ ensures timely publication of the agendas, meeting acts, sessions.
- The High Council of Justice to publish annual reports on its activities.
- The High Council of Justice to ensure live broadcasting of the session through official online platforms.
|
COUNCIL OFFICE | - To review the organizational structure of the HCoJ, functions and duties of the departments and their composition.
- 2To ensure transparency of the selection processes for the HCoJ officials, in particular, information on the candidates and contest selection committee composition to become transparent. Additionally, involvement of independent external members is important.
- To evaluate activities of the HCoJ departments. It is particularly noteworthy to assess whether a management department complies with the Georgian Organic Law on Common Courts.
- To periodically prepare and publish activity reports of the Council departments.
|
MORE TRANSPARENCY OF KINSHIP CONNECTIONS | - To introduce obligation for judges to publicly declare about any kinship within judiciary.
|