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Friday, 02 September, 2022
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Candidate for Membership to Be Submitted to the European Commission for the Efficiency of Justice of the Council of Europe (CEPEJ) and the Consultative Council of European Judges of the Council of Europe (CCJE) by the Quota of Georgia Has Been Selected

The candidate for the membership of the European Commission for the Efficiency of Justice of the Council of Europe (CEPEJ) and the Consultative Council of European Judges of the Council of Europe (CCJE) by the quota of Georgia has been selected.

The selection competition for candidates to be submitted to the CEPEJ and the CCJE was held in two stages in accordance with the rules of the competition approved by the orders of the Minister of Justice of Georgia No. 848 and No. 850 of July 27, 2022. In the first stage, from July 28 to August 6, 2022, 6 candidates submitted applications for membership in the CEPEJ in the public competition announced on the official website of the Public Service Bureau of the State Public Service Agency (www.hr.gov.ge), and four candidates for the CCJE participated in the competition. After the selection of the applications submitted by the contestants, 3 candidates advanced to the interview stage and as a result of the two-stage competition, the candidate selection commission for membership in the CEPEJ and the CCJE selected the candidacy of Ketevan Tsintsadze, judge of the Supreme Court of Georgia, as a candidate to be presented by the quota of Georgia.

Ketevan Tsintsadze will be nominated to the European Commission for the Efficiency of Justice of the Council of Europe (CEPEJ) and the Consultative Council of European Judges of the Council of Europe (CCJE) by the quota of Georgia for a period of five years.

The CEPEJ works within the framework of its activities to improve the effectiveness and functioning of the justice systems in the countries, as well as to comply with the standards and legal instruments of the Council of Europe; The purpose of the activities of the commission member experts is to make a significant contribution to the process of implementation of the commission's functions and to support the effective implementation of justice systems in the member states of the Council of Europe. The CCJE member judges work in the direction of promoting the rule of law, the introduction of European standards, especially the independence, impartiality and competence of judges, as well as the effective performance of their judicial activities.

In accordance with the domestic procedure of conducting a competition for the purpose of selecting a candidate at the national level, the candidate for membership in the CEPEJ and the CCJE was selected by the competition commission, which was composed of representatives of the Ministry of Justice of Georgia, the Ministry of Foreign Affairs of Georgia, the Supreme Court of Georgia and the Supreme Council of Justice of Georgia.

It should be noted that the Minister of Justice of Georgia was given the authority to determine the rules and procedure for the selection of candidates from Georgia to international courts, as well as to international organizations working on human rights and legal issues, by the resolution of the Government of Georgia No. 234. It is significant that with the adoption of this resolution, transparent procedures for the selection of candidates to be submitted from Georgia to international organizations have been established, within the framework of which the candidates will be selected as a result of an open competition.

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According to the Strasbourg Court, Publicly Made Insulting, Obscene, and Degrading Statements Fall Outside the Scope of Freedom of Expression

The European Court of Human Rights in Strasbourg upheld the position of the Ministry of Justice in the case of Miladze v. Georgia, confirming that publicly made insulting, obscene, and degrading statements directed at public officials are not protected under the right to freedom of expression.

The case concerned a video published on the social media platform TikTok in 2022, in which the applicant, civil activist Irakli Miladze, used obscene and insulting language toward the Mayor of Tbilisi, City Hall employees, and police officers. As a result, the national courts imposed a fine of 500 GEL, the minimum penalty provided for by law.

The Strasbourg Court unanimously held that the applicant’s statements did not amount to political criticism or the expression of views on a matter of public interest. According to the Court’s assessment, the language used was intended primarily to humiliate and insult public officials.

The Court also agreed with the reasoning of the national courts, noting that they had properly distinguished between harsh political criticism, which is protected in a democratic society, and personal insults, which are not. The judgment further emphasized that the sanction imposed on the applicant was minimal and proportionate, as he received only the lowest fine available under the law.

Today’s ruling by the Strasbourg Court reaffirmed an important principle: freedom of expression is one of the fundamental values of a democratic society and protects even strong and offensive criticism; however, it does not extend to humiliating or personally insulting statements directed at others, including public officials and civil servants.

The judgment further underscores that the state is entitled to protect political officials and public servants from unjustified verbal abuse and insults, ensuring that they are able to perform their duties in an environment free from attacks that undermine their dignity.

The Court’s assessment once again highlights the fundamental importance of freedom of expression, while clearly establishing that the exercise of this right — particularly on the internet and social media platforms — must not infringe upon the dignity and rights of others.