Papuashvili Presents EU Recommendation on Judicial Reform as Threat to Sovereignty

“I think that the opposition and several non-governmental organizations confirm the negative impact that excessive dependence on foreign funding can have. Today, the opposition essentially proposes relinquishing sovereignty by suggesting that foreigners should appoint judges in Georgia. This implies that the state of Georgia does not matter to them; they want us to be a cog for others.

One significant issue is the active involvement of non-governmental organizations, where foreigners are included in the appointment of judges. We hear calls from donors to involve NGOs funded by them in discussions. When we include them in the deliberations, it turns out that these organizations suggest that we involve their donors in the decision-making process.

Maybe they should be transparent and tell us if their main intention is for us to leave this country and let NGOs and donors manage it. It is slowly eroding all boundaries of respect for sovereignty when donors, through the NGOs they fund, suggest that they should appoint judges in Georgia.

I refer everyone to the Vienna Convention, and everyone must respect domestic politics and sovereignty. Of course, foreign countries have nothing to do with staffing the justice system of Georgia.

It is not only against the formality of our constitution but also against the spirit of our independence.

That's why we fought for independence, that 30 years after independence, citizens of Georgia, in the form of NGOs and the opposition, are telling us that we should not decide the fate of the country and staff the court, but that foreign countries should do so for us?

Here, the opposition and the non-governmental sector have reached this level, and I think they are already very close to the red lines, beyond which the interests of Georgia are completely neglected,” Shalva Papuashvili said today.

The implementation and completion of the judicial reform, including the comprehensive reform of the Supreme Council of Justice and the Prosecutor's Office, is among the 9 recommendations defined by the European Union for Georgia. Vetting, which was extensively commented on by Papuashvili, means checking the candidate's suitability before assuming a responsible position.

After the meeting held regarding the implementation of the 9 recommendations, the representatives of the opposition announced that the Georgian Dream was offered to introduce a vetting system in the judicial reform process.

On February 8, Prime Minister Irakli Kobakhidze said that he opposes the vetting mechanism because it is unconstitutional.

The need to introduce a system of integrity checks is also emphasized in the EU enlargement report: “Georgia should adopt a broader reform of the judiciary, in particular, reform the High Council of Justice in line with Venice Commission recommendations. In particular, establish a system of extraordinary integrity checks, with the involvement of international experts with a decisive role in the process, for candidates and persons currently appointed to all leading positions in the judiciary, in particular the HCJ, the Supreme Court and court presidents.”

Ukraine used the vetting mechanism in the process of selecting judges of the Constitutional Court, and Moldova used the process of selecting candidates for the Judicial Council. Oleksandr Novikov, head of Ukraine's National Agency for Prevention of Corruption, explains that the vetting process is a necessary filter that will help prevent unscrupulous judges from entering the judicial system.