Details

Conference in Tbilisi on state liability law

Published: November 29, 2019
Conference on state liability law. On the panel: Judge Mzia Todua (centre), acting President of the Supreme Court, Dr. Oliver Aldea (on her left), a judge from the Regional Court of Kassel, and Frank Hupfeld (right), Head of Section at the IRZ
Conference on state liability law. On the panel: Judge Mzia Todua (centre), acting President of the Supreme Court, Dr. Oliver Aldea (on her left), a judge from the Regional Court of Kassel, and Frank Hupfeld (right), Head of Section at the IRZ
Georgia

On 29 November 2019, a conference was held on state liability law at the Supreme Court in Tbilisi. As well as the acting President of the Supreme Court, Mzia Todua, and the Georgian expert Prof. Paata Turava from the Tbilisi State University, judges and scientific staff from the Supreme Court in Georgia also attended this event. The expert appointed by the IRZ was Dr. Oliver Aldea, a judge at the Regional Court of Kassel.

As a result of the protests against planned voting reforms, state liability law is once again the subject of debate in Georgia. Demands for the Georgian state to take responsibility for dealing with demonstrators have increased, for example. In this context, Dr. Aldea started by explaining the legal situation concerning state liability law in Germany.

In Germany – as in Georgia – there is a clear and comprehensive distinction between private and administrative law claims and this separation, for historical reasons, can be difficult for outsiders to understand. However, German and Georgian cases were used to provide a clear presentation of the legal situation in Germany and, with reference to the lecture given by Prof. Turava, as a model to explain Georgian legal issues. The situation in Georgia is not clear either and the laws set out in the civil code and administrative code are contradictory in places.

The discussions that took place during the conference, which became passionate in places, revealed that a change to the Georgian law on state liability is required and that the legislator needs to ensure that legal regulations are clear. The IRZ will therefore address the subject of state liability law again next year whenever it is possible.