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President Initiative will Diminish the Independence of Constitutional Court

January 12, 2005

President Initiative will Diminish the Independence of Constitutional Court

Tbilisi.11.01.05.Media-News. “Draft Law prepared by the president of Georgia, which considers the nomination of Judges of Constitutional Court by the president will diminish the independence of the Constitutional Court”, - considers Vakhtang Khmaladze, an expert.

He says that in all the countries of Europe the members of the Constitutional Court are appointed by one or several governmental bodies and if the members of the court are appointed by the nomination of the president they will not be able to avoid fulfilling the indications of the government.  

It is also not acceptable for Vakhtang Khmaladze to appoint the judges of the Constitutional Court for two terms, which is considered in the new draft law. The expert considers that at the end of the first term the members of the court will attempt to win over the good attitude of the body which is entitled to appoint them again. Thus, this item also restricts the rights of the Constitutional Court.

Vakhtang Khmaladze does not approve the changes according to which the members of the Constitutional Court are deprived of the immunity not by the Constitutional Court itself but by the parliament. This item also implies that the members of the court become dependent on the political body.

According to the expert it is unacceptable to define the age of the court members till 30. “In all the European countries the members of the Constitutional Court are demanded to have 15-17 years of experience which increases his/her age up to 35.

The members of the Constitutional Court should not only be experienced lawyers but also they should have a life experience which comes together with age. 30-year-old person however educated he/she may be, does not have the knowledge which a 40-year-old person has” – states Vakhtang Khmaladze.

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