„Young Barristers“ – Permanent appointment of judges to the positions is acceptable

24 July, 2014

''Young Barristers’’ respond to Ministry of Justice's legislative initiative about appointment of judges permanently installed criterion to regulate by organic law act.

Ministry of Justice of Georgia has presented to the Parliament the bill ''about common courts'' concerning the changes in the Georgian organic law act.  Concerning the bill, appealed courts and Region (city) court judge will be appointed on the post for 3 years. Before the date of expiration, not less than 1 and no more than 2 months, The High council of justice will discuss the judge's estimation results analysis and will make a decision to appoint or not the selected Judge permanently on the post. Court's estimation will be held by two basic grounds: Honesty and Competent grounds.

Due to the bill, honesty criteria are: personal honesty and professional conscience, independence, impartiality and fairness, personal and professional action, personal and professional reputation, financial obligations. Competent ground criteria are:  the knowledge of law acts, justly substantiation skill and competent verbal communication skill, professional routines, behavior in the court-room, academic achievements and professional training, professional activities.

Judge's estimation will be put into practice after 1 and 2 years’ time of his appointment, also,   4 months before the expiration of 3 years’ time on the post. Estimation will be held by the high council of justice's selected one judge and one non-judge member, who during 1 month period, simultaneously, will estimate judge's work period; also, all three estimations must be realized by different people.

The organization '' Young Barristers’’ positively evaluate given initiative. We consider that Ministry's presented project of changes is completely in accordance with developed countries standards and is step further on the way of reforms of justice.

Criteria are necessary in the law act, by which judges will be appointed permanently. It is necessary for the society to be sure, that the decision will be made fairly and in accordance with the law act. This will provide that the permanently appointed judge will be worthy, qualified, honest, and will ensure the independent and qualified justice, substantiated and fair decision.



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