According to the latest Opinion, the following recommendations remain to be taken into account: stricter age criteria for candidate judges to the Supreme Court; anti-deadlock mechanism in the nomination procedure to the Supreme Court; adding specific requirements (including specialisation) in the procedure for the so-called “reallocation” of candidates; reduction of a term of office of the Supreme Court President.

“The Committee on the Honouring of the Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) of the Parliamentary Assembly of the Council of Europe requested an Opinion of the Venice Commission on the amendments to the Organic Law on Common Courts in Georgia as adopted by the Parliament of Georgia on 13 June 2023.

In addition, the Chairman of the Parliament of Georgia requested the Venice Commission to assess additional draft amendments to the same Law which were prepared in September 2023. Given that the Commission had provided previously recommendations regarding the Organic Law on Common Courts, it decided to assess these amendments in the follow-up format, against the background of its earlier recommendations summarised in its Opinion of 14 March 2023.

The authorities informed the Commission that the discussed amendments were only certain first steps in the global strategy of judicial reform and that further amendments would follow. In this context, the Commission welcomes some of the amendments adopted in June 2023 as well as some of the September 2023 draft amendments, but it notes that important previous recommendations have not yet been addressed. The Commission invites the authorities to pursue the reform strategy without unjustified delay,” the document says.

Also, based on the document, in its March 2023 Opinion, the Commission pointed out five key recommendations.

“The Commission would like to emphasise the priority of the first key recommendation which concerns the comprehensive reform of the High Council of Justice (“the HCoJ”). A similar requirement has been set out by the EU Commission in their Opinion on Georgia’s application for membership of the European Union.

This recommendation has not been addressed by the June 2023 amendments or the September 2023 draft amendments. A comprehensive reform of the HCoJ means addressing effectively the persistent allegations of lack of integrity of the HCoJ; reconsidering its powers, functions, decision-making procedures, and the manner of election of members. Minor or technical amendments to the law would not meet this recommendation. The process of the reform should be thorough and inclusive, involving all the relevant stakeholders.

The second key recommendation was to circumscribe the wide powers of the HCoJ when transferring or seconding judges. Despite the amendment of the relevant provision and further draft amendments, this recommendation remains outstanding.

The third key recommendation was to revise the procedure for suspension of judges from office. The Commission welcomes the relevant changes and considers that this recommendation has been followed.

The fourth key recommendation was to restrict the grounds for a judge’s disciplinary liability based on the violation by a judge of the principle of “political neutrality”. This recommendation has been followed partly. However, the proposals contained in the September 2023 draft amendments, if adopted, would sufficiently address this recommendation.

The fifth key recommendation concerned enhancing the binding nature of Supreme Court decisions. This recommendation has been followed in part and further amendment could be made to expressly provide that the HCoJ should comply with the decisions of the Supreme Court adopted following an appeal,” it says.

The Opinion reconfirms that the Venice Commission remains at the disposal of the Georgian authorities and of the Parliamentary Assembly for further assistance in this matter.