As a result of IDFI's successful strategic litigation and long-term advocacy, in June 2023, the Parliament adopted legislative amendments that substantially improved the accessibility of judicial acts adopted at the open session at the normative level, and January 01, 2024, was set as the date of entry into force of the amendments.
Notwithstanding the essentially positive legislative changes, on the one hand, the legislative framework still needs to be improved, and on the other hand, systemic challenges of crucial importance are revealed in terms of the implementation of the already adopted changes in practice.
The purpose of this report is to present a chronology of the events leading up to the legislative changes adopted in June 2023, to assess the existing normative framework, and to present the systemic challenges that are revealed in practice in terms of the implementation of the legislative amendments.
The report consists of four main parts: the first chapter is devoted to the description and assessment of the events that developed from 2015 to January 1, 2024; The second and third chapters are devoted to the review and analysis of the results of the implementation of the legislative changes in practice from January 1, 2024. In particular, the second chapter includes the analysis of the findings and challenges identified in terms of receiving judicial acts, having legal force and being heard by the common courts at open session, through the public information requests, and the third chapter assesses the current situation in terms of publication of judicial acts. As for the fourth chapter, it includes a conclusive legal assessment of the key legislative and practical challenges in terms of accessibility of judicial acts.
- The legislative framework which entered into force on January 1, 2024, establishes the improved standards of accessibility of judicial acts through public information requests;
- It remains a key challenge to ensure timely access to judicial acts at the normative level (both in terms of public information and proactive publication as well);
- The legislative amendments established the accessibility of not only court decisions but all judicial acts in general;
- If the court decisions were to be published on the website within 1 month after the reasoned decision was sent to the parties, from January 1, 2024, the acts will be published only after the final decision on the case enters into force;
- As of February 29, 2024, the common courts fail to enforce the legislative amendments that entered into force on January 1, 2024 (after two months of entry into force of the legislative amendments, the actual accessibility of judicial acts remains to be an important systemic challenge);
- Despite the fact that the legislative amendments were adopted on June 13, 2023, and entered into force on January 1, 2024, both the High Council of Justice and the common courts failed to take effective steps to ensure the enforcement of the law;
- If before the entry into force of the legislative amendments, only one of the 36 public information requests of IDFI (which concerned various types of judicial acts) was granted, after the entry into force of the amendments, all common courts of Georgia left the public information requests unanswered - a total of 36 requests;
- The subordinate normative acts that regulate the proactive publication of judicial acts need to be brought in line with the legislative amendments;
- Despite the fact that the new regulation entered into force, the process of publication of judicial acts on the website (ecd.court.ge) has not been renewed;
- Only the Supreme Court of Georgia from the system of common courts ensures proactive access to the depersonalized texts of its decisions on its own electronic platform.
- The Parliament of Georgia should ensure timely access to judicial acts through legislative amendments, in terms of access through public information requests and proactive publication as well; The accessibility of judicial acts should not depend on the entry into legal force of the final decision made in the relevant case;
- The High Council of Justice should adopt/amend the rules of proactive publication of judicial acts;
- The common courts should cease the systemic violation of the Constitution and the Organic Law and start issuing judicial acts in the form of public information;
- The High Council of Justice should renew the process of publication of judicial acts on the platform ecd.court.ge. The acts delivered after May 1, 2020, should also be published on the platform.
The report states that on 23 January 2024, requests for public information were sent to all courts operating in Georgia and that the common courts left all of IDFI's requests unanswered. On 4 March 2024, IDFI filed administrative complaints against the unanswered requests.
Following the submission of administrative complaints, several courts provided IDFI with judicial acts. As of March 26, 2024, these courts are: Zugdidi, Senaki, Tetritskaro, Gali-Gulripshi and Ochamchire-Tkvarcheli, Sokhumi and Gagra-Gudauta, and Khelvachauri District Courts, as well as Batumi and Rustavi City Courts. At this stage, IDFI has not assessed the extent to which the substantive requirements of the legislation on the accessibility of judicial acts are being met.
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The report was prepared by the Institute for Development of Freedom of Information (IDFI) with the support of the USAID Rule of Law Program. The program is implemented by the East-West Management Institute (EWMI) with support from the United States Agency for International Development (USAID). The content of this report is the sole responsibility of IDFI, and the views represented therein do not necessarily reflect the views of above mentioned international organizations.
/public/upload/Analysis/Accessibility of Judicial Acts Progress and Key Challenges.pdf
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