Principle of Judges Independence and Their Abidance Purely to Law in Civil Procedural Law / მოსამართლეთა დამოუკიდებლობისა და მათი მხოლოდ კანონისადმი დამორჩილების პრინციპი სამოქალაქო საპროცესო სამართალში

Irma Merebashvili

Abstract


The degree of impartiality of judges and justice overall in our country nowadays is a burning issue for the society, reacting quite sensitively towards the problem and expecting significant changes in this field. Despite certain attempts, no serious results seem to be achieved yet. We suppose that our government should take rather more appropriate actions in this direction than being content only with cosmetic alterations.
Reasoning both from the propective of public and state interests, I consider the following:
1. For the reason of judges’ liberation from different influencing factors and their impartiality, candidates for the post should take psychological tests specially designed for them together with their proficiency exams. This will make clear the candidate’s capacity to become a decent judge and can define whether this person will be able to protect somebody with disputable rights or not.
2. Taking into consideration the generally accepted opinion in Georgia and concurrently with the present principle of appointing judges it will be beneficial to introduce a method of appointing, at least only, the Magistrate judge through elections;
3. Probably it is the right time for our society and state to take serious steps towards adopting a system of appointing judges for lifetime tenure. These actions will be reasonable to be taken only after reforms in the judicial system, changes in the structure of judicial bodies (at least in regard to only original jurisdiction court or both general and appellate courts) and consequently, judges of these courts could be replaced by a new body of judges.
In my opinion, the state should provide judicial system with a new body of judges as soon as possible for the justice in our country to start adequate and decent functioning. Georgian current legislative database fully enables fulfillment of the task, especially since these reforms will make possible for the judicial block to operate again in every administrative unit that will, for its turn, provide accessibility of justice for the population.


Keywords


court; justice; reforms;

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