Human Rights Committee to consider today a legislative package making the Legal Aid Service accountable to the Prime Minister

Today, the Human Rights Protection Committee will consider a legislative package under which the Legal Aid Service would become an institution accountable to the Prime Minister.

The discussion in Parliament will take place at the first reading.

Under the current law, the Legal Aid Service is independent in its activities, is not subordinated to any state body, and is accountable only to Parliament. Under the proposed amendments, however, the Service will become accountable to the Prime Minister. Instead of submitting an annual report to Parliament, the head of the Service will submit the report to the Prime Minister. In addition, the Prime Minister will be granted the authority to appoint and dismiss the Director of the Legal Aid Service.

The legislative amendments also change both the procedure for appointing and dismissing the Director of the Legal Aid Service and the model for forming its governing collegial body - the Legal Aid Council.

Under the current law, the Legal Aid Council consists of nine members:

  • three members elected by the Executive Council of the Bar Association;

  • three members appointed by the Public Defender (Ombudsman);

  • one member elected by the Legal Aid Bureaus from among bureau lawyers;

  • one member nominated by the Minister of Justice from among employees of the Ministry of Justice;

  • one member appointed by the High Council of Justice from among its non-judge members.

According to the bill submitted to Parliament, the Legal Aid Council will be reduced from nine to seven members. The new composition will include:

  • two members - the Chairs of the Parliamentary Committees on Legal Issues and on Human Rights Protection and Civil Integration;

  • one member - the Secretary of the High Council of Justice;

  • one member - the Prosecutor General;

  • one member - the Head of the Government Administration;

  • one member - the Public Defender;

  • one member - the Chair of the Bar Association.

The term of office of council members will be tied to the period during which they hold their respective positions.

Under the proposed changes, the mandate of the Director of the Legal Aid Service will terminate on May 1, 2026, with compensation equal to three months’ salary. The mandates of the current Legal Aid Council members will terminate on April 1, 2026.

Within two weeks, the newly formed Council will be required to select a candidate for the position of Director of the Legal Aid Service and submit the candidate to the Prime Minister of Georgia for appointment.

The authors and initiators of the legislative package are Georgian Dream MPs. According to them, the changes are intended to increase the effectiveness of the Legal Aid Service and improve oversight of its activities.

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