The powers of Zaza Tavadze, the Chairman of the Constitutional Court, who was appointed to the position by the Supreme Court quota, expires on June 15, 2020.1 Under current law, the Supreme Court is required to fill a vacancy between May 15 and June 5.2 The Plenum make this decision3 and the Chairman of the Supreme Court nominates the candidate.4
It should be noted that despite several appeals5 the plenum has already appointed Khvicha Kikilashvili, one member of the Constitutional Court to the position a month ago in case of the state of emergency.6 The process took place behind closed doors. Information about the candidate became known only after his appointment and the public was not allowed to have a proper discussion on this issue.
Given this negative experience, we call on the Chairman of the Supreme Court to disclose information about the bidder within a reasonable time before the voting of the candidate directly to the Constitutional Court. This will allow the public to express their position about the nominee and public debate and open process will increase confidence in the court.
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1The current justices, the website of the Constitutional Court of Georgia, are available at: https://bit.ly/3dBp7DG, updated 14.05.20.
2Article 16(5) of Organic Law of Georgia on the Constitutional Court of Georgia.
3Article 18(2)(c) of Organic Law of Georgia on Common Courts.
4Article 7(2) of Organic Law of Georgia on the Constitutional Court of Georgia.
5GYLA calls on the Plenum of the Supreme Court to suspend the appointment of a Justices of the Constitutional Court until the end of the state of emergency. March 30, 2020, GYLA's website, available at: https://bit.ly/3bpoafU, updated: 11.05.2020.
6GYLA has negatively assessed the process of appointing a member of the Constitutional Court by the Plenum of the Supreme Court, April 3, 2020, GYLA’s website, available at: https://bit.ly/2xT9Kap, updated: 14.05.2020.