reform of georgian judicial system-further steps
DESCRIPTION
Reform of Georgian Judicial System-Further steps Rules for Case Assignment/ Conflict of Interest/ Election of chairman of the CourtTRANSCRIPT
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