IDFI’s Opinions on Legislative Amendments Necessary to Ensure Access to Court Decisions

News | Rule of Law | Policy Document 7 April 2020

The Constitutional Court of Georgia, by its decision of June 7, 2019, ruled that the provisions of the Law of Georgia on Personal Data Protection, specifically Article 5 and paragraphs 1 and 3 of Article 6 were unconstitutional as they prohibited access to the full text of court decisions delivered within the scope of public hearings by Common Courts of Georgia.

 

The Constitutional Court held that the high public interest in accessibility of court decisions exists by default regardless of the legal issue concerned, the addressee of a judgment or the importance attached to an individual decision at a specific time.

 

The Court held that the disputed norms would be void from May 2020 and thus gave the Parliament of Georgia time to harmonize existing legislation with the requirements of the Constitution.

 

IDFI submitted its opinions to the Parliament on the legislative amendments that are necessary to execute the Constitutional Court’s decision.

 

/public/upload/Blogs/Opinion_on_Legislative_Amendments_Necessary_to_Ensure_Access_to_Court_Decisions.pdf

 

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This material/production has been financed by the Swedish International Development Cooperation Agency, Sida. Responsibility for the content rests entirely with the creator. Sida does not necessarily share the expressed views and interpretations.

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