Contemporary Challenges Facing Judicial Independence in Georgia
Contemporary Challenges Facing Judicial Independence in Georgia
Author(s): Malkhaz NakashidzeSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: Georgia; judicial independence; courts; the High Council of Justice
Summary/Abstract: This article analyses the ongoing processes in the judicial system of Georgia and the main challenges facing the country in ensuring the independence of the judiciary. In the article, the author reviews the legislative changes made in the system of common courts, as well as the legal and political aspects of the renewal of the composition of the courts. The article focuses on how the decisions made by government affected the independence of the judiciary. From this point of view, the results of several so-called waves of judicial reform and the peculiarities of the creation of new mechanisms, such as the temporary state commission on miscarriages of justice, are analyzed. The article also discusses the status of the High Council of Justice and the rules of formation and their roles in ensuring the independence of the judiciary and the problems related to the appointment of judges for life. Finally, appropriate proposals and recommendations are presented to ensure the independence of the judiciary in Georgia.
Journal: Gdańskie Studia Prawnicze
- Issue Year: 4/2020
- Issue No: 48
- Page Range: 69-89
- Page Count: 21
- Language: English