Constitutional Appeal

Public Defender Terms Appointment of Different Amount of Compensation to Former Judges as Unconstitutional

On June 23, 2017, the Public Defender of Georgia filed a suit with the Constitutional Court of Georgia, in which he disputed theconstitutionality of Article 2 of the Law of Georgia (27 November 2015) on Making Amendments to the Law of Georgia on State Compensation and State Academic Scholarship and paragraph 2 of Article 12 of the Law of Georgia on State Compensation and State Academic Scholarship.

According to the Public Defender, the compensation provided by the Law of Georgia on State Compensation and State Academic Scholarship does not apply to a certain category of former judges, which puts them in a disadvantageous legal and material conditions in comparison with the common court judges with the same status who reached the pension age before September 1, 2012, or after January 1, 2016. The abovementioned does not have a reasonable or objective justification and is not proportional to the objective.

The Public Defender of Georgia believes that differentiation between the judges of common courts who are under one and the same circumstances is discriminatory in terms of protection of social guarantees, which leads to the violation of Article 14 and paragraphs 1 and 2 of Article 21 of the Constitution of Georgia.

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