The sitting of the Legal Issues Committee

Published in Politics
Tuesday, 09 May 2017 11:15

The Committee considered with the I reading the draft on Rule of Expropriation for Necessary Public Needs and the accompanying drafts. The draft improves legal regulations on expropriation and defines compensations for deprived property to the owner in the form of preliminary, full and fair remuneration and allows purposeful use of deprived property for public needs.
According to the Parliamentary Secretary of the Government, Shalva Tadumadze, the draft is entailed with failure of current regulations to meet the existing requirements. In line with the 4-point Governmental plan, infrastructural projects are scheduled in the country to be facilitated under the new draft. Respective international experience has been considered upon development of the drafts.
The draft envisages re-settlement in view to spare the land plot for public needs and/or project, envisaging negotiable and forced eviction.
Upon negotiable eviction, the contractor of the public needs and/or project shall obtain the property with agreement of the owner on the basis of the purchase agreement;
Upon forced eviction, it means expropriation when the contractor obtains the property through obtainment of the permit thereto by the Court decision under the condition of full, preliminary and fair remuneration.
The forced eviction shall be implemented on the basis of the Decree of the Economic Minister and with the Court decision by the state agency or public or legal entity. The Court shall consider the Decree of the Minister within one month and if the project implies complications, the term can be extended. The owner/holder shall be entitled to appeal. When the Court grants expropriation right to the person and the decision becomes effective, the expropriator expropriates on the basis of preliminary payment and fair remuneration.
According to the Chair, Eka Beselia, the Constitutional compliance of the changes shall be adhered. “The draft concerns property and so it is important to ensure Constitutional compliance of all the changes and keep the balance necessary upon human rights protection and implementation of necessary remedies”. The reporter answered the questions. The Committee supported the draft.

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    On May 18-19, Belgrade hosts the PACE Legal Affairs and Human Rights Committee sitting to be attended by the Chair of the Legal Issues Committee, Eka Beselia.
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  • Eka Beselia participating in Public Forum dedicated to the judicial reform

    The Chair of the Legal Issues Committee, Eka Beselia participated in the Public Forum on “Judicial system of Georgia: Reform Outcomes and Perspectives” organized by the Coalition for Independent and Transparent Judiciary.
    In her speech, she noted that three stages of judicial reform shall be followed with the exact diagnosis and accurate planning of the fourth stage. “The Legal Issues Committee declared that the judicial reform and enhancement of the judicial system are main priorities. All the issues under the Committee competences are important but the priority is conferred to judicial reform continuation and support. Everything is comparative and we shall compare the current situation, where we are now to some other situation. Naturally, we see the dynamics and release the grave situation we were in, moving forward to progress but we do not put full-stop and state about accomplishment of the reform after these three stages. We continue the reforming within the system and monitoring of the process. Particularly important factor I consider is to make the exact diagnosis after three stages, to make accurate assessment of the results, of the gaps to be eliminated, enhanced, corrected and to accurately plan the fourth stage”.
    The Court is ready to see the real situation and along with the parties concerned make steps to enhance judicial system and increase independence thereof. “I am full of hopes for the process and believe that we are able in the shortest time to deal with the problems. It requires rational and correct decision-making in the forms and with the methods allowing obtaining optimal results. We are committed to it”.
    She thanked EU and USA for support of enhancement of judicial system in Georgia. The Chair of the Coalition, Ana Natsvlishvili; Chair of the Supreme Court, Nino Gvenetadze; Deputy US Ambassador, Nicholas Berliner and the EU Ambassador, Janos Herman also addressed the attendees.
    The forum concluded sundry panel discussions. E. Beselia participated in the discussion on Guarantees for Independence of Judges and spoke about efforts for creation of these guarantees, including: improvement of legal procedures of appointment of the judges, increase of social guarantees of judges, 3-year probationary period of judges, business-trip rules of the judges etc. She introduced the record in the draft Constitutional Changes regarding independence of judges.

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  • The sitting of the Regional Policy and Self-Government Committee

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