22.Jul .2021 12:00

Investors Point To A Lack Of Confidence In The Georgian Judicial Sector – U.S. State Department

Investors Point To A Lack Of Confidence In The Georgian Judicial Sector – U.S. State Department
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The United States Department of State (U.S. State Department) released a report on Georgia's Investment Climate 2021. The report stresses the government’s commitment to property right protection and business-friendly policies, such as low taxes, but also pledges to invest in human capital and to strive for inclusive growth across the country. The program also emphasizes Georgia’s geographic potential as a trade and logistics hub along the New Silk Road linking Asia and Europe via the Caucasus.

“Overall, business and investment conditions are sound. However, there is an increasing lack of confidence in the judicial sector’s ability to adjudicate commercial cases independently or in a timely, competent manner, with some business dispute cases languishing in the court system for years. Other companies complain of inefficient decision-making processes at the municipal level, shortcomings in the enforcement of intellectual property rights, lack of effective anti-trust policies, accusations of political meddling, selective enforcement of laws and regulations, including commercial laws, and difficulties resolving disputes over property rights. The Georgian government continues to work to address these issues, and despite these remaining challenges, Georgia ranks high in the region as a good place to do business”, - the document reads.

The report focuses that the independence of Georgia’s judiciary and political inference in the judicial system remain problematic. Concerns regarding the integrity of the judicial appointment process and the capacity of the courts to deliver quality outcomes continue to affect investor confidence in the court system.

The report highlights that “the existing framework for adjudication of civil disputes in Georgian courts nonetheless continues to suffer from several significant problems despite the reforms. Foremost of these are persisting concerns with the independence, accountability, and capacity of the High Council of Justice and the judiciary. Many investors perceive Georgia’s court processes as slow, inefficient, lacking in transparency, and hampered by a lack of technical expertise. All these issues affect public trust in the judicial system. They are among the most pressing concerns for investors in their assessments of the investment climate in Georgia.”