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JUDICIARY /
Statement
European Parliament: There is a complete deterioration with respect to the rule of law
On April 4, 2022, the European Parliament published a critical report on Georgia's implementation of the Association Agreement. Alongside serious setbacks by the Georgian authorities in respecting basic democratic principles and adhering to political commitments over the past two years, the report pays particular attention to the failed justice reform and its implications for Georgia's accession to the European Union.
The published report is particularly noteworthy in light of the fact that on March 3, the Georgian government formally applied for EU candidate status. In order to gain this status, similar reports and assessments prepared on the fulfillment of the obligations under the Association Agreement have crucial importance.
The report, among other challenges, focuses on the strengthening of power over the judiciary and law enforcement agencies by the ruling political force. Recent developments in the report are described as a complete “deterioration with respect to the rule of law”. One of the reasons for this is the fact that the reforms were mainly related to institutional and procedural issues, while the problem of power concentration (the existence of a so-called “Clan” in the judiciary), which dominates the judiciary, remained unresolved.
According to the report, developments in the justice system since 2020 have highlighted major setbacks in implementing the Association Agenda. In particular, the report points out hasty and non-transparent appointments of judges and expedited amendments to the Organic Law on Common Courts. The appointment of judges, which is done in an opaque and also expeditious manner, permeates influential judges to rotate between key positions (such as chairpersons of the courts) and retain leverage by controlling two-thirds of the seats in the High Council of Justice. The High Council of Justice still elects candidates based on their loyalty to the "clan". In addition, in terms of the breakdown of democratic institutions, the report indicates the abolition of the State Inspector's Service as a lucid example.
The report emphasizes that the changes made in 2020-21 are not based on either the consensus between the ruling party and the opposition or on the broad involvement of civil society. The non-fulfillment of the April 19 agreement is also mentioned as an important missed opportunity in reforming the judiciary and in general, for association with the European Union. At the same time, it is emphasized that the non-fulfillment of Georgia's commitments to judicial reform could not be prevented by the conditionality of EU financial assistance.
Overall, developments in the justice system and the lack of clear will on the part of the authorities to carry out fundamental and genuine reforms to ensure an independent judiciary significantly undermine the country's chances for European integration and also increase the risk of internal political tensions and confrontations. The existence of an independent judiciary, free from internal and external influence, is important for the effective protection of the rights and interests of every citizen of the country. At the same time, this issue is one of the most pressing issues in the context of European integration, as successful judicial reform significantly affects international trust in the country.
