Wednesday, March 27 2013

Tbilisi. Georgian President, Mikheil Saakashvili,
is ready to engage in consideration of the bill on the Common Law Courts, which
has been already passed its second reading in Georgian Parliament.

Due to the differences between the
parliamentary majority and the opposition, Saakashvili refused on March 24 to
include the bill on common courts, key component of which is change of rule of
composition of the High Council of Justice, in the agenda of Parliament's March
25 special session. In the Georgian President's words, the Law on Common Law
Courts is vitally important for Georgian democracy.

"If the bill is passed in the existing
form, we will say farewell to the court independence and Georgia will 'say
goodbye' to its European prospects, if not forever, then at least at the
Vilnius Summit (eastern Partnership Summit)...I am ready to engage in
consideration of this issue and I hope that the Premier will be also
engaged," Saakashvili stated.

At the same time, he positively assessed a
consensus, reached between the government and the opposition on the
Constitution issues, especially the joint work carried out by  Parliament Chairman, Davit Usupashvili and
the parliamentary minority leader, MP from Saakashvili's United National
Movement (UNM), David Bakradze.

"After we have managed to reach
agreement on constitutional amendments, which should be welcomed, it will be
nice if the same happens with regard to other important laws. The joint work is
needed now as never before. Every party shall be interested in the independent
courts and our advancement towards Europe," Saakashvili stressed.

In his words, both sides shall take into
account the recommendations of the Venice Commission.  At the end of December 2012, President
Mikheil Saakashvili warned the parliament that he would veto the bill on Common
Law Courts and noted that "the court is deprived of all formal attributes
of independence".

In the beginning of February,
representatives of the Venice Commission held meetings in Tbilisi with
representatives of legislative, executive and judicial power and prepared their
recommendations on the bill. 

The central part of the legislative amendments
is the change of the rule of staffing the High Council of Justice, which
oversees the judiciary and enjoys a right to appoint or dismiss judges, as well
as execute disciplinary procedures against judges.

According to the Venice Commission's
document, some of the proposals, including the provision that envisages early
termination of powers of the incumbent members of the High Council of Justice,
are 'controversial'. The Venice Commission recommends not to fully renew the
composition of the Council, despite that the existing rule of staffing the
Council may be 'unsatisfactory'.