Platform “Komentari” brings together professionals that offer the public a critical view of the events taking place in Georgia and the World.

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Access to free legal aid for ethnic minorities

The state provides free comprehensive legal support to individuals who cannot navigate the lengthy, complex, and costly litigation process on their own. However, this service is not universally available, meaning not everyone can access it unconditionally, which poses a particular challenge for ethnic minorities.

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The Rural Doctor Program and the Challenges of Centralized Healthcare

Despite the increase in healthcare spending in recent years and the introduction of the universal healthcare program, access to healthcare remains a challenge. Primary, essential healthcare plays a crucial role in the availability of medical services and public health management, yet its scope remains limited in Georgia.

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The Struggle for Recognition of Poverty

The constitutionalization and safeguarding of social rights persist as a considerable challenge to this day. The international system of human rights, developed based on liberal ideology, has been structured around the belief that a market economy oriented towards free competition should have a substantial impact on social welfare. This approach saw a robust economy as a prerequisite for a decent quality of life, wherein the market, through the creation of sufficient employment opportunities and wealth, was perceived to “generate prosperity”. This approach shifted the responsibility for upholding social rights from the state to individuals and the private sector. The aforementioned seemingly outdated rhetoric remains deeply rooted in the core foundations of state social policies. This approach has impeded the acknowledgment of social rights and the establishment of a proper system of protection, rendering the issue of its enforcement through the courts moot. However, in the present day, the contemporary doctrine of human rights clearly opposes this standpoint. It assigns a pivotal role to the judiciary in terms of upholding social rights. 

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What do we demand from the court?

Around us, many families lose their homes due to financial obligations. In response to difficult socio-economic conditions and pressing needs, individuals are compelled to seek financial assistance, often resorting to borrowing from usurers. However, many are unaware of the inherent dangers and difficulties characteristic of such loan relationships. The law doesn’t protect debtors from the deceptive and fraudulent schemes of usurers, and unfortunately, courts fail to safeguard their interests as well. In the following article, we will discuss what and how the judiciary should change when considering disputes related to housing.

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Union of judges and desacralization of the judiciary

Since 2015, when a right-wing populist party came to power in Poland, the Polish judiciary has had to deal with serious political attacks. During these years, the Polish court and society created interesting experiences of resistance and organizing. Just a few weeks ago, large-scale demonstrations were held in Israel to defend the independence of the judiciary, which forced Prime Minister Netanyahu to back down.

Even though all the governments of Georgia have tried and successfully managed to turn the judiciary into the executor of their political tasks for decades, we do not have such an experience of resistance. Naturally, this is the case for many reasons. We discussed the factors of public alienation from the judiciary in the previous article. And now, we want to review the examples of self-organization and solidarity of judges.

What form can a union of judges take and what value can it bring? We will discuss these issues in the following article.

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To what extent does the law on court respond to the recommendations of the European Commission?

In order to comply with the 12-point recommendations of the European Union, on June 13, the Parliament adopted amendments regarding the judicial system. In the following article, we will assess the extent to which the adopted changes are in line with the considerations of the Venice Commission, as required by the European Union, and, therefore, to what extent this law responds to the recommendations issued by the European Commission in 2022.

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The Court of Justice of the European Union Upholding Democracy

When discussing the deterioration of democracy in the European Union, particular attention is always drawn to two countries – Poland and Hungary. Anti-democratic processes have taken on a signifficantly dangerous turn in Hungary, where the authorities have brought the judiciary and other public institutions, the media, and the civil sector, under their control to a large extent. Some international organizations no longer consider Hungary a democracy. According to the Rule of Law Index, it ranks last in the European Union and falls behind many other countries, including Georgia.

As for Poland, it has the sharpest decline among the EU countries in this index in recent years.

In the following article, we will discuss three significant judgments adopted by the European Court of Justice to protect democracy.

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What kind of judiciary is worth fighting for?

The process of administration of justice is an integral part of public life. Being involved in the process of creating values, the court is constantly accountable to society, and perceives itself as an institution oriented and sensitive to the interests of the people. What exactly does socially sensitive justice mean, and how can we achieve to create one? The purpose of the article is to present the basic principles of the judiciary that will respond to the needs and expectations of society. 

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Transparency of Foreign Influence Law against the Constitution

On 7 March the Parliament of Georgia adopted the draft law on the Transparency of Foreign Influence by first hearing. Discussions in the Parliament were held along with constant protests and tension. Due to the large-scale public protest, the Parliamentary majority had to withdraw and drop the bill. However, the rhetoric and the agenda of the authorities have not changed. In this article, we will assess the compatibility of the legislative initiative regarding the Agents of Foreign Influence with the constitution of Georgia. 

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