ვენეციის კომისია პარლამენტს ურჩევს, იმდენი მოსამართლე დანიშნოს, რამდენიც საჭიროა

ვენეციის კომისიის დასკვნით, რომელიც მოსამართლეების შერჩევასა და დანიშვნას ეხება, პარლამენტმა იმ რაოდენობის მოსამართლეები უნდა შეარჩიოს, რაც სასამართლოსთვის აუცილებელია. მოსამართლეთა შერჩევის შემდეგი ეტაპი კი 2020 წლის საპარლამენტო არჩევნების შემდეგ განხორციელდეს.

„მოქმედი მოსამართლეების თანამდებობაზე ყოფნის ფიქსირებული ვადა გარდაიქმნას უვადო დანიშვნად და ამჟამად, პარლამენტმა, იმ რაოდენობის მოსამართლეები უნდა დანიშნოს, რაც აუცილებელია უზენაესი სასამართლოს მუშაობის განსახორციელებლად. თუ რამდენი ახალი მოსამართლე იქნება საჭირო, ეს უზენაეს სასამართლოსთან კონსულტაციების შემდეგ უნდა გადაწყდეს“ – ვკითხულობთ ვენეციის კომისიის დასკვნაში.

რაც შეეხება უზენაესი სასამართლოს მოსამართლის 18 ვაკანტურ პოზიციას, კომისიის რეკომანდაციაა, რომ დანარჩენი მოსამართლეების შერჩევა საპარლამენტო არჩევნების შემდეგ მოხდეს.

„შემდგომი დანიშვნები, შესაძლოა, პარლამენტის მიერ განხორციელდეს საპარლამენტო არჩევნების შემდეგ. ამგვარმა შეთანხმებამ, შესაძლოა, შეამსუბუქოს ის ტვირთი, რომელიც ამჟამად აწევს უზენაეს სასამართლოს და უზრუნველყოს ის, რომ სასამართლო საზოგადოების მაღალი ნდობით სარგებლობდეს“, – ვკითხულობთ რეკომენდაციებში.

არასამთავრობო სექტორი კი აცხადებს, რომ შენიშვნის ეს ნაწილი განსაკუთრებით საყურადღებოა.

„თუ დღეს არსებული პარლამენტი ყველა მოსამართლეს კანდიდატს დანიშნავს და ყველა ვაკანსიას შეავსებს, ეს იმას ნიშნავს, რომ ერთი პარტიის დომინირების პირობებში მოხდება დარჩენილი 18 ვაკანსიის შევსება. არადა, 2020 წლის საპარლამენტო არჩევნების შემდეგ, შესაძლებელია, პარლამენტში ისეთი პოლიტიკური ძალები მოხვდნენ, რომ დამოუკიდებელ კანდიდატებს უფრო მიეცეთ მოსამართლედ გამწესების შესაძლებლობა. იმ ფონზე, როცა იუსტიციის უმაღლესი საბჭოს მიმართ ნდობა დაბალია, 18-ვე მოსამართლის დანიშვნა რეკომენდირებული არ არის და იუსტიციის საბჭო პარლამენტს სწორედ ამას ურჩევს. თუ მმართველი პარტია ამ რეკომენდაციებს გაითვალისწინებს, ის მხოლოდ მოიგებს“ – აცხადებს „ახალგაზრდა იურისტთა ასოციაციის“ თავმჯდომარე სულხან სალაძე.

მსგავსი თემები

80 Thoughts to “ვენეციის კომისია პარლამენტს ურჩევს, იმდენი მოსამართლე დანიშნოს, რამდენიც საჭიროა”

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