Despite several waves of reforms carried out over the years, the Georgian judicial system still faces fundamental challenges and is experiencing a significant crisis of legitimacy and trust.
The legislative changes carried out so far should be considered a superficial attempt at institutional reforms that have failed to overcome the main challenge of the Georgian context – the concentration of power and informal influence in the justice system. Moreover, in the process of implementing reforms, the ruling team failed to adhere to the principal goals of democratic transformation of the judiciary and, over time, made concessions to influential groups in the judicial system regarding fundamental issues. This process contributed to the gradual suppression of dissent in the system and strengthened corporatism.
The ruling party's political will regarding improving the justice system is still limited to fragmented and non-essential changes. The government does not recognize the problems in the judiciary or the need for fundamental reform. Accordingly, to implement fundamental justice sector reforms, the Coalition suggests the following important steps:
First stage: Assessment of existing problems in the justice system
The Parliamentary/Investigative Commission, through an inclusive and transparent process, should fully and objectively investigate the extent of informal/clan-based governance and political influence in the judicial system, as well as the level of corruption.
Second stage: Strategy and action plan for improving the justice system
After assessing the scale of the existing problem in the system, a strategy and an action plan for the real improvement of the judiciary with the involvement of all interested parties should be developed.
Third stage: Implementation of strategy and action plan
The institutions designated by the strategy and action plan must ensure its implementation. The implementation process should be transparent and inclusive.
Preventing the aggravation of the existing problem in the short/mid-term period
To avoid strengthening the informal/political influences in the justice system and increasing the level of corruption, the following measures must be taken: