reform of georgian judicial system-further steps

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Reform of Georgian Judicial System-Further steps Rules for Case Assignment/ Conflict of Interest/ Election of chairman of the Court May 2016

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Reform of Georgian Judicial System-Further steps Rules for Case Assignment/ Conflict of Interest/ Election of chairman of the Court

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Reform of Georgian Judicial System-Further steps

Rules for Case Assignment/ Conflict of Interest/ Election of chairman of the Court

May 2016

Rules for Case Assignment/ Conflict of Interest/ Election of chairman of the Court

Current reality

Current regulation

“Third wave”- does not fully address existing gaps

Conflict of interests

No regulations

Problems in practice

“Third Wave”

Covers only selection/appointment

Recommendation of Coalition

cover any issue in the Council’s competence

A person, who is facing the decision of the Council or the member of the Council, shall have a right to recusal in cases

involving conflict of interest.

Case assignment

Importance of an electronic random case assignment system- Especially in pre-election period

“Third Wave”

Postponed until 1 January 2017

Recommendation of Coalition

Deprive court chairman authority to assigning cases due to the overloading of certain judges or other circumstances

Election of chairman of the Court

“Third Wave”

Elected by High Council of Justice

Restriction to probationary judges

Chair of chamber and investigative panel is elected by High Council of Justice

Recommendation of Coalition

Election of chairman shall be based on rotation

Judges shall have a right not to participate in the selection process

Restriction shall not exist for probationary judges

Chair of chamber and investigative panel shall be based on rotation

Thank you for your attention!