Prompted by Russia’s war of aggression on Ukraine, the Georgian government brought forward its application for EU membership – originally scheduled for 2024 – a few days after Ukraine and at the same time as the Republic of Moldova and submitted a corresponding application on 3 March 2022. It was reviewed by the European Commission, but the decision of the European Council on 23 June 2022 offered Georgia merely the prospect of accession. In its opinion (“Avis”) on potential negotiations, the European Commission formulated an assessment with twelve points and recommended their implementation by Georgia. These include, for example, bipartisan adoption and implementation of an effective judicial reform and ensuring a transparent and independent judiciary. The European Commission also calls for comprehensive reform of the Judicial Council, as well as a commitment to de-oligarchisation and strengthening the protection of human rights.
Provisional denial of candidate status provoked frustration and demonstrations among the largely pro-European population in Georgia. The demonstrators accused the government of failing to pursue the EU accession process with the necessary will to engage in the reform process and of being largely responsible for the country’s current situation.
Overall Concept
Cooperation between IRZ and its partner institutions in Georgia prioritised both civil and commercial law as well as criminal law in 2022. Despite the fraught domestic and foreign policy situation, the Georgian Ministry of Justice and the Federal Ministry of Justice agreed on a multi-year work programme until 2025, which primarily envisages joint measures around penitentiary law and in the area of international cooperation in matters of civil and criminal law. In addition, IRZ supports professional associations within civil and commercial law. Two regular publications and a German-Georgian online criminal law glossary additionally promote bilateral exchange between academics in Georgia and Germany.
Focus of Activity in 2022
Civil and Commercial Law
Advice for the Supreme Court of Georgia on issues of civil law from a German expert
Workshop for lawyers on “Legal case resolution methodology”
Workshop for judicial assistants of the Supreme Court on the topic of “Judicial application of the law to facts”
Round table discussion on the issue of “Commercial litigation before the chamber of commercial matters” with the Georgian Bar Association in cooperation with the German Federal Bar
Study trip by Georgian lawyers to Bonn and Düsseldorf on various issues of civil law
Publications of the German-Georgian Journal of Comparative Law (DGZR)
Public Law
Online lecture on “European Law” as part of a moot court on European law, in cooperation with the Georgian Ministry of Justice Training Centre
Criminal and Penitentiary Law
Publication of the German-Georgian Journal of Criminal Law (DGStZ)
Publication of a digital German-Georgian criminal law glossary
Study trip to Bonn by Georgian lawyers on issues of criminal law
Outlook
The joint work programme for 2022 to 2025 between the Georgian Ministry of Justice and the Federal Ministry of Justice, as well as the twelve recommendations of the European Commission, are essential aspects of the IRZ work in Georgia. In completing its tasks, IRZ builds on its long-standing partnerships with the Ministry of Justice, the Parliamentary Committee on Legal Affairs, the Georgian Bar Association and the Supreme Court and will engage in new undertakings with civil society organisations to add meaningfully to this group.
Participants at the online conference on “Professional ethics and professional challenges of mediation” on 20 October 2020 in Tbilisi
Strategic Framework
Legal Policy Starting Point
Many reforms have already been initiated in the judicial field on the basis of the Association Agreement between the EU and Georgia. Georgia nevertheless faced considerable challenges in 2020 as well. Political agreement on electoral law reform was not reached until early March 2020 after protracted discussions. This was preceded by protests after the planned introduction of full proportional representation in November 2019 had initially failed in parliament. The agreement still provides for a mixed electoral system, but in future only 30 (instead of the previous 73) of the 150 members of parliament will be elected in Georgia based on a direct mandate. In consequence, the major parties will no longer be favoured quite as much as before in the allocation of parliamentary seats due to the greater likelihood of winning direct mandates. The parliamentary election was held on this basis in late October 2020. Nevertheless, the Georgian Dream Party again emerged victorious from the elections and will govern with an absolute majority for the third time in a row.
But the ongoing development of domestic politics – and organisation of the elections themselves – were dominated by the COVID-19 pandemic immediately after the breakthrough in March 2020. Georgia introduced a comparatively strict and early lockdown based on a broad, bipartisan consensus and was initially successful in containing the COVID-19 pandemic.
Moreover, Nino Kadagidze was appointed to the position of President of the Supreme Court in March 2020, finally bringing to an end the vacancy that had persisted for one and a half years. She was also selected to chair of the High Council of Justice, the self-regulatory body of the judiciary.
Overall Concept
IRZ added other legal areas to the priority of criminal law during the reporting year, especially in the area of civil and commercial law and the administration of justice. Close cooperation exists, in particular with the Supreme Court, the Prosecutor General’s Office, the Ministry of Justice and the Committee on Legal Affairs at the Georgian Parliament. Legal harmonisation and technical exchange of experience are the main priorities.
Cooperation was also intensified with the professional associations in 2020, first and foremost with the Georgian Bar Association. Newly established professional associations, among them the Mediators Association of Georgia, were also included in the professional exchange with a view to the adoption of a mediation law.
Cooperation with Georgia is rounded off by two regular publications aimed at bilateral academic exchange between the country and Germany.
Focus of Activity in 2020
Constitutional Law, Human Rights and their Enforceability
Online moot court on constitutional law for law students
Civil and Commercial Law
Online roundtable discussion and preparation of draft legislation on “Commercial litigation before the chamber of commercial matters” with the Georgian Bar Association in cooperation with the German Federal Bar
Two online seminars with the Georgian Ministry of Justice on implementation of the “Hague Convention on the Civil Aspects of International Child Abduction”, the “Hague Child Protection Convention” and on mediation in child custody proceedings
Advisory measures for the Committee on Legal Affairs in the preparation of new draft legislation on consumer protection
Online seminar in cooperation with the Georgian Lawyers for Independent Profession (GLIP) on consumer protection
Online conference on labour law and technical support for the Supreme Court on aspects of civil law by a German expert
Technical publication “German-Georgian Journal of Comparative Law”
Administration of Justice
Online expert talk “Professional ethics and professional challenges of mediation” in cooperation with the German Federal Bar and the Mediators Association of Georgia
Online seminar on lawyers’ remuneration with the State Bar of Georgia in cooperation with the German Federal Bar
Criminal and Penitentiary Law
Online workshop on commentaries for the Georgian Criminal Code
Online seminar for the Prosecutor General’s Office on EU standards in connection with investigative measures and pre-trial detention
Online seminar in cooperation with the Georgian Lawyers for Independent Profession (GLIP) on the topic of “Covert investigations”
Online training with Sulkhan-Saba Orbeliani University “Drafting first instance criminal judgements and handing down sentences”
Online seminar with ALFG (Association of Law Firms of Georgia) “Changing the legal viewpoint in criminal proceedings”
Technical publication “German-Georgian Journal of Criminal Law”
Project funded by the European Union
EU Technical Assistance Project: “Support to the Independence, Accountability and Efficiency of the Judiciary in Georgia”
IRZ contributed as partner in this 41-month project in Georgia from October 2016 until the end of February 2020. It supported the High Council of Justice, the Constitutional Court and various courts in increasing the independence, efficiency and impartiality of the Georgian judiciary. The project was extended by a further twelve months until February 2021 and now exclusively addresses the High Council of Justice.
Included in the project is a review of the internal procedural rules at the High Council of Justice to ensure their compatibility with national legislation and international standards, as well as the development of further necessary regulations.
The fourth wave of judicial reforms in Georgia introduced new obligations and clear procedures to be followed by the High Council of Justice and other bodies:
timely publication of information about sessions
publication of draft regulatory legal acts
updated rules for the selection of members
new rules for the selection and appointment of the chairperson
extended scope for the “conflict of interest” clause
The project is closely coordinated with the members of the High Council of Justice to develop capacities and improve processes. Sessions preparation is just one example. There are plans in this regard to add statistics, analyses and studies where necessary to all major initiatives on the agenda. To achieve this goal, the team is cooperating with short-term experts in working groups, in exchange of practices with similar bodies in the EU Member States, and in training courses and workshops with the beneficiary.
Outlook
Cooperation is scheduled to extend beyond the current priority of criminal law in 2021. New topics may be added to the work with the Georgian Ministry of Justice in particular. Moreover, a German expert will provide advice to the Supreme Court and will be available as a permanent contact person for technical questions.
Following the parliamentary election in 2020, the parliamentary Committee on Legal Affairs will again receive targeted support in 2021 for legal reforms and draft legislation, for example in consumer protection law. Likewise, the various legal professional associations will be accompanied in the form of targeted exchange of expertise in regard to concrete legislation projects and initiatives.
Furthermore, IRZ is also considering a closer cooperation with the High School of Justice and the universities to support the basic training of lawyers in a sustainable way.
Conference on state liability law. On the stage: Judge Mzia Todua (centre), temporary Chair of the Supreme Court
Strategic Framework
Legal Policy Starting Point
Convergence with EU law and standards as well as integration into NATO remained Georgia‘s declared goals in 2019. A large number of reforms have already been implemented as part of the Association Agreement concluded between the EU and Georgia, and the determination for reform on the domestic political front continues to further exist. But very little of what has been achieved so far is actually noticeable for the population.
Moreover, the country‘s improved overall economic situation has little effect on the economic situation of its citizens. This is further exacerbated by the deterioration in both the domestic and foreign policy situation, which has contributed to growing dissatisfaction among the people of Georgia. The tense relationship with Russia in particular precipitated a further aggravation of the domestic political situation and led to larger demonstrations, resulting in controversial responses by the security forces. The governing party “Georgian Dream“ relented and promised to introduce proportional representation for the next parliamentary elections in autumn 2020 – one of the opposition‘s key demands. Prime Minister Mamuka Bachtadze also resigned and was succeeded in office by the former Interior Minister Georgi Gacharia. However, the constitutional reform necessary for electoral reform was not supported by the ruling party in parliament, so that the three-quarters majority required to adopt the plans was not achieved, which in turn led to a resumption of public protests. It remains to be seen whether this situation will lead to early elections.
In regard to judicial policies and due to its particular importance to the judiciary as a whole, it is worth mentioning that the Chair of the Supreme Court and the Chair of the Supreme Judicial Council, is still vacant since August 2018. An appointment is expected in the first half of 2020.
Overall Concept
IRZ continues to focus its efforts in Georgia on the provision of professional legal support and implementation of the reform projects in criminal law. In this, IRZ cooperates with the Parliamentary Committee on Legal Affairs, as well as with relevant actors within the judiciary, primarily the Supreme Court and other courts, the General Public Prosecutor‘s Office in Georgia and the Georgian Bar. In addition, cooperation also includes targeted professional exchange between the members of these partner institutions and their German colleagues to discuss legal issues and developments from a comparative perspective. Collaborations with the Tbilisi State University and with law faculties of other universities, as well as with the Penitentiary and Probation Training Center (PPTC), are also important elements of the project work.
Another IRZ priority in 2019 was a comprehensive project on media law, which was funded by the Federal Foreign Office. The focus was on professional exchange between the judiciary, politics, academia, media and students.
Focus of Activity in 2019
Constitutional Law/Human Rights and their Enforceability
National moot court on constitutional law for Georgian law students in Batumi
Release of the publication “Prohibition of discrimination in national case-law“ by the Supreme Court of Georgia
Civil and Commercial Law
German-Georgian lawyers‘ forum on civil and commercial law issues in cooperation with the German Federal Bar
Public Law
Seminar in cooperation with the analytical department of the Georgian Ministry of Justice on corruption prevention and corruption risk assessment
Mentor training as part of the project to develop a mentor system for the Georgian Parliamentary Training Center (PTC)
Workshop for the final proofreading and editing of the case collection on expert opinion techniques in administrative law
Kick-off conference “The new challenges facing media“
Autumn Academy in media Law
Five seminars on social media law, data protection law, media and ethics, media and politics
Seminar for judges of the Supreme Court of Georgia on state liability law
Closing conference on the topic “Limits to freedom of expression“
Criminal Law and Penitentiary Law
Working visit by members of the Georgian Parliament and high-ranking representatives of the Constitutional Court of Georgia on “Legal bases, practical application and control of covert investigation measures, in particular telecommunications surveillance measures“
Conference at the Supreme Court of Georgia on “Adversarial and inquisitory procedural models: a comparative law analysis“
Conference in cooperation with the Ivane-Javachishvili State University of Tbilisi on medical criminal law
Online publication “German-Georgian Criminal Law Journal“ (www.dgstz.de): Publication of scientific articles, conference reports and case-law
Advice on the development of a strategy paper on mental health programmes in the penitentiary system
In cooperation with GIZ in Georgia: Publication of the South Caucasus Law Journal, Vol. 9/2018/2019 (topic: Juvenile criminal law)
Basic and Further Training
Participation of three law students of the “IRZ Summer School on German Law“ in Bonn
Participation of two judges in the International Conference of the Memorandum Group of several national associations of judges in Bonn
Provision of German legal literature and commentaries to the Committee on Legal Affairs in the Georgian Parliament
Project funded by the European Union
EU Technical Assistance Project: Support to the Independence, Accountability and Efficiency of the Judiciary in Georgia
IRZ has been a partner in this 41-month, EU-funded project in Georgia since October 2016. IRZ is supporting the Supreme Court, the High Council of Justice (HCoJ), the Constitutional Court and various other courts in increasing the independence, efficiency and impartiality of the Georgian judiciary.
The “4th Wave“ judicial reform was finally pushed through after protracted discussions and debates. It seeks to resolve problems relating to the excessive length of proceedings and the punishing court workload. The judicial reform also includes changes to the mandate of the HCoJ, an independent body responsible for the selection and appointment of judges, and the High School of Justice. There was consensus on most issues among representatives of the judiciary, parliament, the Ministry of Justice, international organisations and the NGO coalition.
In 2019, the project managers organised another training session, a summer school for Georgian judicial staff under the auspices of the Supreme Court of Georgia, the HCoJ and the High School of Justice. The purpose of this measure was to institutionalise ongoing coordination and communication between judges and judicial staff and the individual, competent persons or bodies. Judges discussed problematic legal issues with judicial staff within this framework. In addition, the project also featured events with the alumni network of the summer schools. This improved the quality of coordination and complementarity between the legal training of judges on the one hand and judicial staff, law students, lawyers and public prosecutors on the other.
A timely start of project extension analysis is recommended in order to ensure a smooth continuation of support to the Georgian judicial sector.
Outlook
The positive and established cooperation with the partner institutions will be continued and deepened if possible in 2020. Among other things, this concerns cooperation with the Ministry of Justice, which could be more in the focus of activities in the future. Moreover, IRZ is considering closer cooperation with the High School of Justice in order to promote the sustainable training of judges. The same applies to collaboration with the law faculties in Georgia, with which IRZ could develop and introduce a basic and further training programme on working methodology and case solving techniques in criminal, civil and public law as a means of improving the education of law students and young professionals. Overall, IRZ plans to continue expanding its advisory services in Georgia beyond the field of criminal law.
