Public Defender’s Statement on Appointment/Promotion of Judges without Competition

The Public Defender of Georgia considers that the appointment/promotion of judges has an essential importance for a state oriented to democratic order, rule of law and human rights. Selection of the kind of personnel that fully meet the high status of the judge is a primary guarantee of independent and impartial judiciary. The main axis of impeded function of judiciary is a judge and therefore, it is necessary the state to ensure effective selection of the personnel. The Organic Law on Common Courts clearly defines the legal requirements that must be met by successful candidates. These requirements are: honesty and competence.

The Public Defender considers that in terms of evaluating the competence of judges it is important that the results of the Public Defender's monitoring of the hearing of cases by common courts, as well as the Public Defender's parliamentary reports and recommendations provided to certain judges about launching disciplinary proceedings, be taken into account.

The Public Defender hopes that the abovementioned information will essentially help the High Council of Justice to make proper decisions that will contribute to achieving effective judiciary, while appointment of judges in the Court of Appeal will meet all requirements of the law. As a result, a positive step will be taken for forming a competent judiciary corps in Georgia and for raising public confidence in the court.

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