On February 25, 2019, political scientist Tamar Kiknadze declared at a show “Night Studio” on TV channel “Obiektivi” that the lifetime appointment of the judges in Georgia is an EU demand.
Tamar Kiknadze's statement that the lifetime appointment of judges was requested by the EU, is a manipulation and aims to direct Georgian society’s protest against the permanently appointed judges towards the EU. In the EU, the lifetime appointment of the judges serves to ensure their independence and autonomy. Before getting appointed, candidates go through an extremely difficult recruitment process, which should demonstrate their professional and personal qualities.
In a telephone interview with Myth Detector, lawyer Giorgi Meladze explained that the lifetime appointment of judges in the EU serves the purpose of ensuring their autonomy.
Giorgi Meladze, lawyer: "Their [judges’] decisions must be focused on a long-term outcome. They cannot just deny their responsibility and leave. Consequently, the specific term given to them will not be used for any political trade and cannot be transited in another direction. The candidate should know that this position is the peak of their career and professional development. "
Prior to being appointed to the post, a candidate must go through a complex recruitment procedure. In addition to professional qualifications, special attention is paid to the personal characteristics of the candidate.
As Giorgi Meladze explains, selecting judges in the European Union is not a spontaneous process and professional qualities as well as ethics are evaluated for choosing the right candidate.
Giorgi Meladze: "There [in the EU] exists a system that gives an opportunity to examine the candidate's ethics, moral and their past actions/experiences. Nobody is appointed directly as a judge. As a rule, the person should have the appropriate experience. Colleagues and professional circles should have some idea about him/her."
Article 75 of the German “ Law on Judiciary system ” requires a written and justified decision from the selection committee which demonstrates candidate’s professional and personal characteristics. The candidate is first appointed for a trial term and only after that they get appointed for life.
According to the provisions of Article 6 in the Constitution of Belgium, the nomination of a candidate for becoming a judge must be properly justified and the candidate shall be appointed only after their qualification and skills are evaluated for this vacancy. Judges who are appointed on the position are additionally evaluated during their working process.
In the Netherlands, prior to being appointed as a judge, a candidate must pass a few stages of testing and interviews, where a special committee evaluates their personality along with professional skills and experience and assesses their suitability for this position. After this, the candidate will pass a six-year preparatory course, which is followed by another exam.
Prepared by RATI ERISTAVI
Myth Detector Lab