Retour State of Emergency and human rights obligations-Georgian judges discuss most recent European practice and approach with the Venice Commission expert

State of Emergency and human rights obligations-Georgian judges discuss most recent European practice and approach with the Venice Commission expert

COVID-19 pandemic has heightened the importance of scrutiny over derogations from fundamental rights and liberties. The scrutiny is primarily entrusted to the judicial powers, and several proceedings have already been initiated throughout Europe. Georgia is among the countries that has declared State of Emergency and a derogation from the European Convention on Human Rights, as per Article 15 requirements. Proceedings have been initiated at the Constitutional Court and Courts of General Jurisdiction levels.

In this context, the Venice Commission expert discussed most recent judicial and policy practice throughout Europe, in line with the Council of Europe Secretary General Toolkit of 7 April 2020 on democracy, rule of law and human rights in the framework of the COVID-19 sanitary crisis. As Judge Turava from the Constitutional Court of Georgia noted: “Such discussions promote helpful professional exchange of ideas and generate new paths to tackle currently pending issues”.

This activity was organised as part of a project "Enhancing the Accountability and the Efficiency of the Judicial System and the Professionalism of Lawyers in Georgia" co-funded by the European Union and the Council of Europe, the EU/CoE Partnership for Good Governance. 

19 June 2020
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To enhance the efficiency, effectiveness and transparency of the court system in Georgia by supporting improved legislative safeguards, strengthened case management procedures, enhanced management practices and training capacities within the court system and at the Georgian Bar Association. 

  • Through the provision of legal expertise, networking opportunities and exchange of best practices with the Council of Europe consultative bodies and its member States;
  • Through the application of CEPEJ tools, recommendations, methodology and practical advice to improve the efficiency and quality of the Georgian justice system;
  • In close co-operation with the national authorities, civil society organisations, academia and partner international organisations;
  • By building the ownership through the institutionalisation of the changes promoted.
  • Building on the results of co-operation in the field of justice under PGG Phase I (2015-2018)

What do we expect to achieve? - professionalism of lawyers

  • The legislation on judicial appointment, evaluation, promotion and accountability is revised and applied in line with the European standards;
  • The timeliness and quality of court services are increased thanks to application of CEPEJ tools by courts and enhanced training of judges and staff;
  • Court users benefit from more accountable, transparent and efficient functioning of the court system;
  • Constitutional Court operates more efficiently;
  • Georgian Bar Association is better equipped to provide quality professional adaptation programme and continuous legal education for its members.
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Project runs from 1 November 2019 until 1 March 2023
  • The total budget is EUR 1,220,000.
  • 80% is funded by the European Union and 20% by the Council of Europe. The project is implemented by the Council of Europe.

The project is implemented by the Council of Europe’s Legal Cooperation Division of the Justice and Legal Cooperation Department, Directorate General of Human Rights and Rule of Law together with the Council of Europe Office in Georgia.

Project Officer
Ushangi BAKHTADZE