1.5 Supporting the fair and
transparent appointment
of judges
Throughout the OSCE, public trust in judicial
systems is falling, at the same time as a
marked lack of understanding of appropriate
procedures for selecting and appointing
judges. In Georgia, widespread concerns about
the independence of the judiciary increased after
the nomination of a group of judges, which was
later halted following political protests. In early
2019, legislation on the appointment of Supreme
Court judges was amended and a new appointment process began. The amendments increased
the minimum number of Supreme Court judges
from 16 to 28, and changed the 10-year terms
to lifetime appointments for the first time in
Georgian history.
Drawing on its Kyiv Recommendations for Judicial
Independence, ODIHR works with participating
States to create clear laws that define procedures
and criteria for judicial selection to ensure transparency. At the request of the Georgian Public
Defender, ODIHR provided a legal opinion in April
2019 and advised the Georgian authorities about
the need to address serious shortcomings in the
legislation related to the appointment of Supreme
Court judges. Later the same month, the Georgian Parliament passed the legislation and set the
ground for a new appointment procedure. The
final amendments addressed some of ODIHR’s
recommendations.
ODIHR subsequently launched a new and
innovative exercise to monitor the judicial appointment process, following a request from the
Georgian Public Defender to do so. The overall
aim of this exercise was to strengthen judicial
18
DEMOCRACY AND HUMAN RIGHTS IN THE OSCE
independence in Georgia and to provide an
independent assessment of the appointment
process and its compliance with OSCE commitments, international standards and guiding
principles on judicial independence. An expert
monitoring team, comprising one international
and two national monitoring officers, were present
at all the hearings of candidates for the Supreme
Court, conducted by the High Council of Justice
of Georgia, and the subsequent appointment
procedures in the Georgian Parliament, from
June to December. At the end of this process they
issued two reports summing up their observation
and assessment.
Following the completion of the nomination phase
and publication of the first monitoring report,
but before the beginning of the appointments
in Parliament, ODIHR undertook a mission to
Georgia and presented the main findings to
numerous stakeholders. The report and this visit
directly contributed to a more structured and
organized process in the second phase of the
appointments procedure.
The combination of legal reviews and monitoring
activities by a neutral, external organization is a
valuable tool for ODIHR to contribute to judicial
independence and public awareness of its
importance, while encouraging compliance with
the fundamental principles of rule of law. This
approach will also be valuable for a number of
OSCE field operations and civil society organizations across the OSCE region that regularly
observe challenges in judicial selection and
appointment processes.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents