The appointment of Nikoloz Marsagishvili as the Supreme Court judge, prior to the emergence of a vacancy, is a clear example of packing the Supreme Court with individuals loyal to the Judicial Clan.
On September 17, the Parliament of Georgia voted [1] in favor of Nikoloz Marsagishvili’s appointment as a judge of the Supreme Court based on the nomination [2] by the High Council of Justice. The candidate received 83 votes. The position, Nikoloz Marsagishvili will take up in the Supreme Court, will only become vacant in June 2025. The High Council of Justice announced [3] the competition for the post a year earlier, in accordance with a decree dated May 30, 2024.
Nikoloz Marsagishvili [4] has been working in the court system since 2008, having served as the chairman of both the Gori District Court and the Tbilisi City Court at different times. Since 2020, he has been a member of the High Council of Justice, and on March 24, 2024, he was re-elected [5] for a second term as the Secretary of the Council.
For years local civil society organizations and international bodies criticized the process of selection of members of the Supreme Court for its flawed nature. The European Commission's report [6] from November 2023 clearly states that current members of the Supreme Court and judicial candidates for the Supreme Court should be subject to an extraordinary integrity check mechanism. In his statements Nikoloz Marsagishvili has aligned with the Clan’s position and opposed [7] integrity checks.
Ensuring independent and impartial judiciary is a fundamental democratic value defined in the Constitution of Georgia. European integration, which requires fundamental reform of the justice system, is the unwavering will of the absolute majority of the Georgian society. All branches of government should respect this commitment.
Following the parliamentary elections on October 26, 2024, the composition of the XI convocation of the Parliament will be formed, and during this convocation the position becomes vacant. The Coalition believes that announcing the competition for Nikoloz Marsagishvili's appointment one year in advance and electing him to the position eight months early—while a new parliament will be in place in about two months—constitutes an instrumentalization of the Constitution and legislation. This also serves as further evidence of the collusion between the Judicial Clan and the ruling party.
Links
[1] https://parliament.ge/media/news/parlamentma-uzenaesi-sasamartlos-mosamartled-nikoloz-marsagishvili-airchia
[2] https://info.parliament.ge/#law-drafting/28972
[3] https://info.parliament.ge/file/1/BillReviewContent/367698?
[4] http://hcoj.gov.ge/ka/%E1%83%9C%E1%83%98%E1%83%99%E1%83%9D%E1%83%9A%E1%83%9D%E1%83%96-%E1%83%9B%E1%83%90%E1%83%A0%E1%83%A1%E1%83%90%E1%83%92%E1%83%98%E1%83%A8%E1%83%95%E1%83%98%E1%83%9A%E1%83%98.html
[5] http://hcoj.gov.ge/ka/%E1%83%98%E1%83%A3%E1%83%A1%E1%83%A2%E1%83%98%E1%83%AA%E1%83%98%E1%83%98%E1%83%A1-%E1%83%A3%E1%83%9B%E1%83%90%E1%83%A6%E1%83%9A%E1%83%94%E1%83%A1%E1%83%98-%E1%83%A1%E1%83%90%E1%83%91%E1%83%AD%E1%83%9D%E1%83%A1-%E1%83%90%E1%83%AE%E1%83%90%E1%83%9A%E1%83%98-%E1%83%AC%E1%83%94%E1%83%95%E1%83%A0%E1%83%94%E1%83%91%E1%83%98.html
[6] https://neighbourhood-enlargement.ec.europa.eu/document/download/388e01b7-e283-4bc9-9d0a-5600ea49eda9_en?filename=SWD_2023_697%20Georgia%20report.pdf
[7] https://www.radiotavisupleba.ge/a/33106896.html
[8] https://www.transparency.ge/en/category/tags/judiciary