Court's Decision Sets Dangerous Precedent, Says Justice Selection Commission Chair
By Liza Mchedlidze
Wednesday, July 24, 2024
A recent ruling by the Tbilisi City Court suspending President Salome Zourabichvili's appointment of Kakha Tsikarishvili to the Supreme Council of Justice has sparked controversy. Guram Imnadze, chair of the candidate selection commission for the council, condemned the decision as a "dangerous and damaging precedent."
Imnadze argued that the court's decision contradicts existing legislation and undermines the accountability and transparency of the Supreme Council of Justice. He expressed concerns that this ruling damages both the effectiveness of the presidency and the already fragile trust in the justice system.
Imnadze highlighted the broader implications of the court's decision, stating that it effectively allows the judiciary to control presidential appointments to the Supreme Council of Justice, which he believes violates the separation of powers enshrined in the Georgian Constitution. According to Imnadze, Article 52 of the Constitution guarantees the President's exclusive authority to appoint a non-judge member to the council, a power that should not be subject to judicial interference.
"The judge grossly violated the principle of separation of powers guaranteed by the Constitution of Georgia and invaded the exclusive authority of the President," Imnadze said. He also noted that the General Administrative Code of Georgia does not apply to the activities of the President, further questioning the legal basis of the court's decision.
Imnadze warned that the court's ruling not only interferes with the President's constitutional powers but also prolongs the legal uncertainty surrounding the appointment. The judge's extension of the case review period from two months to five months exacerbates the issue, potentially paralyzing the President's constitutional authority.
"The decision harms not only the institution of the president and its effectiveness but also further erodes the already deficient trust in the justice system as a whole," Imnadze added.
The controversy began on July 15, 2024, when the Tbilisi City Court suspended President Zourabichvili's decree appointing Tsikarishvili to the Supreme Council of Justice. The court also prohibited the President from holding a new competition or appointing another member to the council until the legal proceedings are concluded.
This ruling has raised serious concerns about the future of judicial appointments in Georgia and the balance of power between the judiciary and the executive branch.
