Eka Beselia echoed the statement made by the President at the public consideration of the draft Constitutional Changes
The Chair of the Legal Issues Committee, Eka Beselia echoed the statement made by the President at the public consideration of the draft Constitutional Changes and stated that the President tries to demonstrate that allegedly his authorities have been deprived due to the personal attitude thereto. “He reveals the situation as if upon direct election of the President he will have the guaranteed victory”.
Even under the current Constitution, the authorities of the President fail to give the legal basis for direct elections. “The real situation is that in the event of direct election of the President, the candidate of the ruling political force “Georgian Dream” will win. I doubt that the incumbent President in the event of direct elections, has the chances for victory. We refuse the real possible outcome Georgian Dream candidate would achieve in case of the direct elections”.
The direct elections are related to unjustified expenditures from the budget. “In the event of indirect elections, unjustified expenditures will be spared in the budget. The mandate obtained by the ruling political party upon the elections is binding implying change of the current incorrect and contradictive norms in the Constitution, change of the model we have today”. It is the system transition to the new Parliamentary model envisaging necessity of the rule of Presidential election.
Eka Beselia to attend PACE Committee on Legal Affairs and Human Rights
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.
The agenda includes: report on Implementation of judgments of the European Court of Human Rights, Fighting organized crime by facilitating the confiscation of illegal assets, democratic approach to the issues of governance in European multinational States, proportionality issues concerning derogations under Article 15 of the European Convention on Human Rights and strengthening international regulations against trade in goods used for torture and the death penalty.
Eka Beselia will deliver the report on the issues considered at the Venice Commission Democratic Election Council sitting on “New Threats of Rule of Law in CoE member States”. The Committee sitting will as well be attended by the Head of Serbian Delegation to PACE and officials of Ministry of Justice of Serbia.
The working meeting of the Legal Issues Committee in view of enforcement of the order of the Constitutional Court
On May 13-14, Borjomi hosted the working meeting held by the Legal Issue Committee, Supreme Court, Ministry of Justice and High Council of Justice within USAID-funded PROLoG. The meeting was dedicated to Development of Legislative Change in view of Enforcement of the Order of the Constitutional Court of February 15, 2017.
The Order declares the normative context of the paragraph 41 of the Article 36 of the organic law on Common Courts as unconstitutional, which envisages appointment of the person as the Judge of the Court of Appeals and the Regional (City) Courts with the term of 3 years who is the incumbent or former judge and has at least 3 years of similar experience.
The Chair of the Committee, Eka Beselia and the Chair of the Supreme Court, Nino Gvenetadze opened the meeting. The meeting aimed at development of the legislative change in view of enforcement of the Constitutional Court Order. The meeting was attended by international organizations and the expert, Judge Timothy J. Baland.
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.
The Coalition introduced the study results providing reform analysis, overview of the latest tendencies in the judicial system and consideration of the issues related to selection and appointment of the judges, as well as probationary period and life-tenure appointment, number of judges and their specialization, their estimation and promotion, administration of the Court and management etc.
The study is supported by the GYLA, TI-Georgia, Human Rights Training and Monitoring Center and Partnership for Human Rights.
The forum was held by means of USAID-funded PROLoG implemented by EWMI
The sitting of the Legal Issues Committee
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.
The meeting of Tamar Chugoshvili with CoE Human Rights Commissioner
“The human rights state in Georgia was very positively estimated”, - the Head of the Parliamentary Delegation to PACE, Tamar Chugoshvili stated after the meeting with the CoE Commissioner for Human Rights, Nils Muižnieks.
The report by the Commissioner on Georgia provided the recommendations, though as appeared after promulgation, the greatest part of the recommendations is already implemented. “Promulgation of the report revealed that the greatest part of the recommendations is already implemented. The recommendations envisaged the activities in terms of judicial reform. All the recommendations are already covered with the third wave of judicial reform”, - T. Chugoshvili stated.
The Constitutional reform ongoing in Georgia also meets the recommendation, envisaging increased quality of independence of Prosecutor’s Office.
“Within the Constitutional reform, we significantly increase independence of the Prosecutor’s Office and it meets one of the recommendations of the Commissioner. So, remarks expressed towards Georgia or recommendations are factually shared by the Parliament”.
She invited the Commissioner to Georgia. The meeting was attended by the Chair of the Legal Issues Committee, Eka Beselia and the Resident Representative of Georgia to CoE, Constantine Korkelia.