President Signs Bills on the Abolishment of State Inspector’s Service, Organic Law on Common Courts

By Khatia Bzhalava

Friday, January 14, 2022

“It is unacceptable to adopt such an important law in a rushed manner without consultations,” Georgian President Salome Zourabichvili said.

According to the President, amendments to the Organic Law on Common Courts raise questions in respect of increasing the degree of independence of judges.

Georgian President Salome Zourabichvili has signed the proposed law about the abolishment of State Inspector’s Service and the establishment of two separate bodies instead, despite calls from several NGOs to veto the bill. According to her even though there are differing views on such structural changes, this decision does not contain a categorical legal objection, adding that the abolition of the service and the establishment of new structures ‘do not provide a basis for motivated remarks of a legal nature by the President’.

However, the President notes that it is unacceptable to adopt such an important law in an expedited manner, without any consultations or proper discussion.

“It is unacceptable that in a country that aims to consolidate democracy, a key issue such as the protection of personal data is not given adequate time or space for discussion,” Zourabichvili said. According to her, it is a ‘bad precedent’ that the head of an independent service, who was elected for a term of 6 years, is dismissed without any prior warning or reasoned explanation, “especially when strengthening the independence of officials remain one of the biggest challenges for our country”.

President also signed amendments to the Organic Law on Common Courts and warned the Parliament “about the risks contained in the new edition of the law.” She noted that these legislative changes also raise some questions, however, she noted that the grounds for submitting legally motivated remarks regarding these changes are insufficient. According to her, increasing the degree of independence of judges through these changes is questionable.

“However, the President is not able to make a decision based on doubts. Instead, I want to warn the legislature about the dangers of the new edition of the law and remind them that the independence and impartiality of judges is a cornerstone of our democracy,” the President noted.

The parliament of Georgia adopted the bill about abolishing the State Inspector’s Office in its current form on December 30, despite calls from local civil society organizations and Georgia’s partner states to not rush the process. The State Inspector’s Service was mandated to investigate alleged offenses committed by state officials and law enforcement agencies. President Zourabichvili has also urged the legislative body to refrain from adopting the draft law, stating that during a difficult polarization situation in the country, making such decisions is detrimental. According to several NGOs, the ruling party, without any justification or involvement of the relevant actors and the State Inspector Service itself, made an “unconstitutional decision that is extremely damaging to Georgian democracy”.