NGOs Blame Parliament of Falsifying the Law

NGOs Blame Parliament of Falsifying the Law

“Article 42 of the Constitution” and the “Young Lawyers' Association” blame Parliament of falsifying the law and ask the General Prosecutor’s Office to investigate the case.

On November 25th, the Georgian Parliament voted in favour of the law “On Disciplinary Responsibility and Disciplinary Judicial Proceedings Concerning Judges of the Common Courts of Georgia” after the third hearing, which significantly expanded the rights of Judges during legal proceeding.

“According to the Law it should come into force right after publishing, but the final version, which was signed by the President, will come into force on March 15th. It is a fact, and we have a letter from the Parliament confirming this, that these two versions differ from each other. This means that the Law was falsified,” – says the head of the “Young Lawyers' Association” Anna Dolidze.

According to the NGOs, the law significantly expands the rights of the judges. Disciplinary Councils will be abolished, judges will be authorized to appeal the decision directly to the newly created Disciplinary Chamber, where the proceedings shall be open for them to attend.

The answer to the question why the date of entry into force was moved to March 15th 2006 is simple. This issue is connected to the discussion of the case of the so-called “persecuted judges” which is on the way. The passed law would improve the chances of the judges.  The main discussion on the case would give judges the opportunity to fully implement the right of fair trial.  Now cases concerning judges are still discussed by the Disciplinary Council and if the decision is appealed, it would go to the Supreme Court Disciplinary Board”, said the head of “Article 42 of the Constitution” Manana Kobakhidze.

The Georgian Parliament decided to make amendments to this law after the above mentioned NGO brought a suit to the Constitutional Court of Georgia with the demand to recognize the provisions according to which the decision of the Disciplinary Council can be appealed only within the bounds of the rule of cassation, as unconstitutional. As they have stated, the above mentioned articles violate the right of fair trial guaranteed by Articles 42 of the Constitution of Georgia and by the European Convention on Human Rights.

As the NGOs have explained, the aim of the delay of the bill is to finish off all the cases on all the undesirable judges without new and liberal disciplinary procedure rules.

Anna Chkhaidze