Rearrangement of sums and digits don’t change sum total
21 April, 2011

Will the Parliamentary Majority Heed to the European Council Recommendations?
After the European Council adopted the resolution on Georgia, the Georgian Parliamentary Majority seems to have decided to pay more attention to the new power endowed to the Justice Ministry. The issue concerns the right of the Ministry to make discretion among cases of high-ranking officials.
The power of criminal prosecution of the President and high-ranking officials used to be vested with the General Prosecutor till the year of 2008.

However, after the legal changes in 2008,  this power was transferred to the Justice Ministry.
According to its resolution, the European Council proposed the recommendation to Georgia to revise this issue. The Parliamentary Majority claims it is ready to revise the controversial regulations. The Parliamentary Minority on its part hopes that the European recommendation will not go down the drains and that the Parliament will make relevant steps to amend the regulations in the nearest future.
It is noteworthy that so far nobody specified where the right will go after it is removed from the Ministerial competence. Paradoxically, as the General Prosecutor’s Office and Justice Ministry are merged together, the General Prosecutor – as the Chief Prosecutor – acts as the Deputy Minister of Justice. Accordingly, chances are high that he or she will assume this additional power.
According to the current legislation, the Chief Prosecutor is appointed and dismissed by the President through respective proposals of the Justice Minister. He or she organizes and leads the state prosecution agency as a subordinate body of the Ministry. Thus, if this function is given to the Chief Prosecutor, the European recommendation can be said to have been fulfilled; although nothing will really change. Therefore, many experts do not expect tangible changes even if the function is transferred.
Pavle Kublashvili, representative of the Parliamentary Majority, says that he personally does not have anything against revocation of the newly vested function of the Minister’s portfolio of authority.
“As there is such recommendation, we are ready to discuss it once again,” – this is the general position of the Parliamentary Majority.