President Refuses to Veto Controversial Draft on Selection of Judges

Georgian President Salome Zurabishvili signed the controversial bill on the selection and appointment of Supreme Court judges on Thursday, which was adopted by the ruling Georgian Dream (GD) parliamentary majority on May 1.

Despite the requests from the non-governmental sector and opposition parties to veto the bill, the president decided to sign it.

“The amendments will facilitate a more open, transparent selection of the Supreme Court judges, and the President expresses her hope that it will positively affect the confidence in the judiciary,” the President's Administration said.

The amendments set procedures and criteria for the selection of candidates for the posts of Supreme Court Judge, the qualification requirements of judges and the procedure for nominating candidates selected by the High Council of Justice, to Parliament. The amendments were supported by 87 MPs while 33 MPs voted against the draft.

Before the vote, the parliamentary opposition demanded the return of the legislative package to a second hearing. The majority refused.

Parliament adopted the bill with the second hearing on April 19, after the Venice Commission issued recommendations. In the final version adopted on Wednesday, some recommendations of the Venice Commission have been reflected, namely the note that a High Council of Justice member who runs for judge, must be banned from voting and that the qualification examination for Supreme Court judge candidates will be abolished.

The adopted draft was initiated by Parliament Speaker Irakli Kobakhidze and his co-thinkers from the GD, who claim their project “has no analogue in any European Union country and guarantees that ultimately, Parliament will elect honest and highly qualified judges to the Supreme Court.”

The issue became controversial after the High Council of Justice nominated 10 candidate judges for the Supreme Court of Georgia for life tenure. The list was rejected by the non-judge members of the HCOJ, NGOs and some members of the majority, who claimed that the presented judges had been working during the previous government and had the reputation of being “biased and corrupt.”

The recent developments surrounding the issue also caused disagreement within the ruling party, seeing some prominent members leave who did not support the Kobakhidze-initiated draft, adding it was not decent and transparent enough.

After the final voting on May 1, one more GD MP, Levan Koberidze, left the Georgian Dream. Koberidze said that the bill drafted by the ruling party MPs fails to ensure the fair selection of judges and noted he would stay in the legislative body as an independent MP.

GD faction Chair Mamuka Mdinaradze says Koberidze had a different opinion about the bill from the beginning, adding it is very sad that he decided to quit the party.

“Lately, Koberidze was a GD member only formally…It is a shame that he linked his departure from the party to the issue of judges. This is part of a political game,” said Mdinaradze.

The United National Movement (UNM) claims the adoption of the draft by the parliamentary majority is “shameful.”

Party member Tinatin Bokuchava says it was the decision of the “informal ruler” and founder of the GD, Bidzina Ivanishvili, adding he aims at “totally influencing the court system.”

The European Georgia party is of the same position. They call on society to think carefully before voting in the 2020 parliamentary elections.

The NGOs were expecting that Zurabishvili not to veto the bill.

Analyst Vakhushti Menabde said “if the President had vetoed the bill and called on Parliament to take into account her remarks, it would have been good.”

“The GD needs to realize that they also need an independent court,” he added.

By Thea Morrison

Image source: freepic.com