Turning down the New Rule for the Appointment of the Prosecutor General is a Wasted Opportunity to Reform the Judicial System

The Parliament adopted the draft law on constitutional amendments in the first reading with 126 votes.[1] The amendments did not touch upon a provision that envisaged electing the Prosecutor General by a qualified majority – the three-fifths of the full composition of Parliament. The election of the Prosecutor General by a qualified majority is a part of the agreement signed between the government and the opposition through the mediation by Charles Michel, President of the European Council on April 19,[2] and which was recently unilaterally annulled by the ruling team.

GYLA supported the replacement of the simple majority required for the election of the General Prosecutor with a qualified majority. This would greatly increase the chances that a person supported with broad political consensus and high public confidence would be appointed to the office, as well as a new procedure oriented on power-sharing and responsibility would appear in the country's constitution. Unfortunately, the ruling team refused to adopt the change, dictated by the desire to maintain political control over the judiciary.

Following the criticism that accompanied the appointment of the Supreme Court justices,[3] this was another step backward, further alienating our country from the goal of fundamental justice reform, maintaining zero-sum game rules, and deepening political polarization.

 


[1] “Parliament adopts constitutional amendments in the first reading,” IPN website, available at:https://www.interpressnews.ge/ka/article/672946-parlamentma-pirveli-mosmenit-sakonstitucio-cvlilebebi-miigo/ , updated on: 08.09.2021.

[2] President of the European Council Charles Michel publishes a new proposal made today to Georgian political parties, European Union website, available at:  https://eeas.europa.eu/headquarters/headquarters-homepage/96786/president-european-council-charles-michel-publishes-new-proposal-made-today-georgian-political_en?fbclid=IwAR2ZaoNO8tccWZAtA5y9QdEc5niOjM0KjZVufr_gcadw_cDQrB5IVxP0_3M, updated on: 08.09.2021.

[3] “Judges in the Supreme Court were appointed as a result of a deal between the clan and the government,”https://gyla.ge/ge/post/uzenaes-sasamartloshi-mosamartleebis-danishvna-klanisa-da-khelisuflebis-garigebis-shedegia#sthash.19XuiKgu.dpbs , updated on: 08.09.2021.


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