State of the Judiciary in Georgia

by | October 21, 2011

The quality and degree of democracy and freedom in a state, among some other factors, depends on the level of judicial independence. The principle that the judiciary must be independent from both legislative and executive branches of government is built in a constitutional idea of the separation of powers. Furthermore, judicial independence is one of the key components of a basic human right to a fair trial guaranteed by the international human rights instruments, including Article 6 § 1 of the European Convention on Human Rights to which Georgia is a party. Independence gives rise to confidence. As the European Court of Human Rights (ECtHR) has put it “it is of fundamental importance in a democratic society that the courts inspire confidence in the public and above all, as far as criminal proceedings are concerned, in the accused”. Despite some progress over the recent years, the judicial system is one of the least trusted by the public among public institutions. According to the International Republican Institute (IRI) surveys, although over the last two years the percentage of those that have expressed ...


10 years after the peace plan

by | October 20, 2011

Almost 10 years have passed since the UN, in an attempt to help solve the Abkhaz conflict, launched the Document on "Distribution of Competences between Sukhumi and Tbilisi". Basically, this was an effort to have the Abkhaz and the Georgian sides to the conflict sit down at the negotiating table and work out modalities for a peaceful settlement. The Document stipulates that this should be accomplished under premises defined in Article 2: "Abkhazia is a sovereign entity, based on the rule of law, within the State of Georgia". For a short while a window of opportunity opened up which seemed to allow for conflict settlement between Abkhazia and Georgia on the much-disputed basis of Georgia's territorial integrity, a position held at that time by all members of the United Nations. However, in the end the effort failed. When I came to Georgia as Special Representative of the UN Secretary General and Head of the UNOMIG Mission in November 1999 the key item in my mandate was to broker a solution for the Abkhaz conflict. Personally, I was convinced that such a solution was ...


Myths about the Georgian Economy

by | October 18, 2011

During the reforming of post-revolutionary Georgia’s economy, significant experience has been accumulated in this field, both positive and negative. A plethora of myths about post-revolutionary Georgia have been created. The most accepted myths about Georgia’s economy need to be debunked. Myth 1: “Georgia—A Country of Neo-Liberal Reforms” Georgia received this status thanks to the enumerated successes in reforming its economy. Adoption of a Labor Code which limits employees’ rights and expands those of employers’, should be pointed out along with downsizing of government employees, reduction of the tax burden and simplification of procedures for obtaining licenses and various types of permits necessary for starting up a business. Such reforms were called neo-liberal reforms; it was emphasized that such reforms contribute to making the country more attractive for investment. Thanks to these reforms Doing Business, which is prepared by the International Financial Corporation (IFC) and the World Bank, Georgia moved from 112th place to 37th place in 2006; to 18th place in 2007; and to 12th place in 2010. Of course, the Government of the country advertises this achievement in every way possible. The actual ...


Improving the election environment in Georgia

by | October 15, 2011
Tamar Chugoshvili thumbnail

Georgian society has a history of discussions, disputes, criticism and disagreements around the election environment and election legislation. As an new election approaches, the Parliament of Georgia starts a process of amending the Election Code, and as a rule, a few months prior to the elections significant amendments are made to the legislation. Again the county is in the same process. On September 19, 2011 parliament initiated a new draft of the Election Code, which mostly concentrates on an agreement between the political parties made prior to the initiation but also refers to some other issues, which have never been a subject of political agreement. Both the content and the process of creating the draft law deserve attention. During several months, political discussions around the improvement of the election environment were pending in the different formats. All public interest was concentrated on this process; NGOs were actively involved in both observing it and making recommendations. Despite the high public interest Georgian society discovered, that the new draft code has been written in parliament in a secret manner. Although the topics of the ...


Disenfranchisement of a Georgian Tycoon: Was It Lawful?

by | October 12, 2011

In just a couple of days after Bidzina Ivanishvili, a Georgian billionaire known internationally as Boris Ivanishvili, had announced his plans to establish his own political party, to run for the parliamentary and presidential elections due in 2012 and 2013, to win decisively both elections, and to set up a new one-party government, the Georgian authorities claimed that Mr. Ivanishvili forfeited his Georgian citizenship. If the government's claim gets through what it will mean for the richest man in this country and number 185 in the world according to the Forbes rankings is that he will not be eligible either for running for elections or for setting up a political party.  But how could it happen that the owner of a huge property worth of US $5.5 billion lost franchise overnight?  Was the government's decision lawful or arbitrary one? We will try to answer these questions by analyzing relevant provisions of the Georgian Constitution and the law on citizenship, as well as the requirements of the European Convention on Human Rights to which Georgia is a party. What we will start ...

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