The Georgian Young Lawyers’ Association, on behalf of Anna Dolidze, a member of the High Council of Justice, has lodged an appeal against the decisions of the Council on recusal of Anna Dolidze from the process of interviewing concrete judges and voting in the Tbilisi City Court.
The Council took the said decisions in February 2018, when it was considering the issue of lifetime appointment of judges. The reason cited for the recusal of Anna Dolidze, who is an active and critical member of the Council, was her public statement made before the start of the interviews with judges to be appointed for life. The Council deemed that this constituted sufficient grounds for proving a conflict of interest.
The broad definition of conflict of interest that the High Council of Justice used when substantiating the recusal of Anna Dolidze is devoid of a legal basis. Such a definition of conflict of interest constitutes a dangerous trend which makes it possible to remove a critically disposed member from important processes. Using this mechanism, the Council removed Anna Dolidze from the interviews with 14 out of 50 judges and, accordingly, from voting on their lifetime appointment.
The GYLA believes that the groundless decisions of the High Council of Justice on recusal have violated the right of Anna Dolidze to exercise her authorities as a member of the Council freely and without hindrance.
By the claim filed, Anna Dolidze, as the claimant, demands to invalidate the decisions of the High Council of Justice that restricted her constitutional right.