„იუსტიციის უმაღლესი საბჭო საზოგადოებს სრული ნდობით არ სარგებლობს“ – ვენეციის კომისია

ვენეციის კომისიამ, საქართველოს უზენაესი სასამართლოს მოსამართლეების არჩევის შესახებ კრიტერიუებთან დაკავშირებით რეკომენდაციები გამოაქვეყნა. კომისია საკანონმდებლო ორგანოს რამდენიმე რჩევით მიმართავს და მათ გათვალისწინებას ურჩევს.

საპარლამენტო უმრავლესობაში კი აცხადებენ, რომ კომისიას განსაკუთრებული არაფერი უთქვამს, რომლის არგათვალსწინებაც არ შეიძლება. ვენეციის კომისიის მიერ გამოქვეყნებული მთავარი რეკომენდაციები კი შემდეგია:

1. მოსამართლის შერჩევის კრიტერიუმებში აქცენტი უფროს ასაკსა და კანდიდატის გამოცდილებაზე უნდა გაკეთდეს. ასევე, მათ დამოუკიდებლობასა და მრავალფეროვნებაზე;

2. უნდა გადაისინჯოს მოთხოვნა, რომელიც ეხება არამოსამართლე კანდიდატების მხრიდან საკვალიფიკაციო გამოცდის გავლას;

3. იუსტიციის უმაღლეს საბჭოში ფარული კენჭისყრა უნდა გაუქმდეს;

4. კანდიდატების კვალიფიკაციასთან დაკავშირებით ინფორმაცია უნდა იყოს საჯარო და ასევე, პროცედურები შეიცავდეს ობიექტურ კრიტერიუმებს. უნდა მოხდეს თითოეული კანდიდატის ობიექტურად შეფასება, რის შემდეგაც შედგება მათი სია, ვინც არსებულ კრიტერიუმებს აკმაყოფილებს;

5. აღნიშნული სიის ფარგლებში, კანდიდატების რანჟირება უნდა მოხდეს იმ ქულების მიხედვით, რომელსაც ისინი შეფასების პროცედურის დროს მიიღებენ;

6. იუსტიციის უმაღლესი საბჭოს წევრი, რომელიც უზენაესი სასამართლოს მოსამართლეობის კანდიდატია, ამ კანდიდატების შერჩევისა და წარდგენის ყველა პროცედურიდან უნდა გამოირიცხოს;

7. უნდა შემუშავდეს კანდიდატის შერჩევისა და გარიცხვის დასაბუთებული გადაწყვეტილებები, რომლის გასაჩივრება შესაძლებელი იქნება. დასკვნაში ასევე აღნიშნულია, რომ კომისიის ინფორმაციით, იუსტიციის უმაღლესი საბჭო საზოგადოების დაბალი ნდობით სარგებლობს.

„იუსტიციის უმაღლესი საბჭო, რომელიც საზოგადოების სრული ნდობით არ სარგებლობს და პოლიტიკური უმრავლესობა, რომელიც უზენაესი სასამართლოს თითქმის ყველა მოსამართლეს უვადოდ ნიშნავს, შესაძლოა, ზიანის მომტანი იყოს მაღალი დონის საზოგადოებრივი ნდობისთვის, რომლითაც უნდა სარგებლობდეს ისეთი ინსტიტუტი, როგორიც უზენაესი სასამართლოა“ – ვკითხულობთ ვენეციის კომისიის დასკვნაში.

მსგავსი თემები

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