The right to access court decisions according to Georgian and European law

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Nino Botchorishvili


The right of a person to have a fair trial is one of the focal principles of fair state and democratic principles, since the right to a fair trial is the most important mechanism that regulates the disputed relations between the individual and the state, ensures the effective realization of constitutional rights and protects against unjustified interference with rights. The main element of a fair court is the principle of universality, and this is exactly what determines the level of public trust. The absence of any element for the
implementation of the idea of a fair court is equivalent to the absence of a fair court as a whole. As a result of the research, it has been revealed that the universality of court decisions provided in the country is not completely protected from the constitutional-legal point of view. It is not appropriate to use the terms universality and publicity with the same meaning in different or the same normative act, therefore it is better to find the term with one and the same meaning in all normative acts applicable in Georgia.

Concerning the accessibility of the court decision to everyone, it should be noted that, although the court decision on adoption is very delicate and is of great importance for the side in order to protect the fact of adoption from publicity, against the background that the Constitution of Georgia does not allow an exception or the possibility of deviating from the norm, neither does the Civil Procedure Code of Georgia should not allow an exception, I think it is necessary to bring the first paragraph of Article 351 of the Civil Procedure of Georgia into compliance with the Constitution, here, instead of refusing to make a public announcement, the norm may take into account the mandatory announcement of a court decision in a form that excludes the identification of a person, which will significantly contribute not only to the basic rights of citizens and effective protection of freedoms, but also ensures the refinement and future development of a fair judicial system, both theoretically and practically.

According to the current practice, all court decisions related to adoption using the data of the Civil Code, without any explanation, are not available, therefore there is no public control mechanism for this type of decision. It is advisable to have a high standard of access to judicial decisions, when it is possible to limit it only in specific cases established by legislation, with appropriate justification. Court decision should be available to any interested person. Only exceptions established by law can be allowed from the mentioned rule. Covering of personal data, commercial secrets or confidential information contained in court decisions should be possible only at the substantiated petition of the parties or by the initiative of the judge, and not in all cases, if it concerns adoption cases.

Fair Trial Universality Accessibility
Published: Aug 8, 2021

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Law Sciences