Article 42 of the Constitution сalls on the Judiciary to make decisions (verdicts) on Candidates for the Supreme Court public
20.09.2019

As it is known to the public, on September 4, 2019, the first phase of the selection of judges of the Supreme Court has been completed, as a result of which a list of 20 persons has been submitted to the Parliament of Georgia for consideration.  The 14 candidates on the list are former or current judges of common courts. Article 42 of the Constitution requested the Tbilisi City Court to release the verdicts (judgments) adopted by the  candidates (judgments) in the past, but the City Court has declined on the grounds that "the decisions of individual judges are not recorded, processed or posted in the public database."

 

We would remind the public that, pursuant to Article 13 of the Law on Common Courts, a decision made at an open court hearing is published in full on the court's website.

 

According to the Article 28, Part 1 of the General Administrative Code 1: Public information shall be open except as provided for by law and in the manner prescribed by state, commercial or professional secrets or personal data.

Legislation does not recognize the grounds for refusing to disclose public information, such as the absence of court records in the database.

 

Given the ruling team's announcement that they would guarantee the "unprecedentedly transparent and open procedures" for selecting Supreme Court judges and making statements that the parliamentary majority will "observe these candidates" under the microscope, without examining the candidates' professional experience is devoid of any real substance. The decisions made by the judge most clearly reflect the judge's competence and integrity.

 

Accordingly, we call on the judiciary to publicize the past judgments made by the judicial candidates and make them available to the Parliament as well as the general public as soon as possible.