27 November 2024,   11:43
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We are ready to continue discussing the recommendations, as we have done so far - Anri Okhanashvili Venice Commission’s report

We are ready to continue discussing the recommendations, as we have done so far. Such a statement made today Anri Okhanashvili, Chairperson of the Legal Affairs Committee, while commenting the report of the Venice Commission on the December 30, 2021 amendments to the Law on Common Court.

“The Venice Commission states in its conclusion that the lifting of the ban on the election / appointment of the same person as a member of the High Council of Justice twice in a row is justified in accordance with its previous recommendations and the recommendations of the Advisory Council of European Judges.

The Commission welcomes the clarification of the grounds for the judge to consider the violation of the procedural deadlines (for example time-limit for hearing the case) as honorable.

It also welcomes the categorization of disciplinary sanctions against judges as basic and additional disciplinary sanctions.

Besides, the Venice Commission is considering a number of issues, for example, regarding the change in the judge’s transfer rule, expressing the view that a legislative clarification of this rule can be made, however, it has not generally negatively assessed the transfer to another court of a judge without his/her consent.

There is one strange recommendation that I want to draw your attention to. It should be noted that the Commission on 14 October 2014 recommended that the High Council of Justice take decisions on disciplinary matters by a simple majority. We have strictly implemented this recommendation as a result of the amendments on December 30, 2021, however, the Commission has now expressed a different opinion today regarding its strictly implemented recommendation.

We are ready to continue this discussion with the Venice Commission on this strange recommendation, as well as on the recommendations presented in general, as before”, - said Anri Okhanashvili.

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