On 4 December 2019, Public Defender Nino Lomjaria and representatives of the Public Defender addressed the plenum of the Constitutional Court and presented their arguments regarding the declaration of the rule of selection of Supreme Court judicial candidates unconstitutional.

The Public Defender considers that the procedure for selecting Supreme Court judicial candidates by the High Council of Justice violates the constitutional right of a citizen of Georgia to hold public office (Constitution 25-1), the right to have access to a fair trial (Constitution 31-1, first sentence) and the principle securing an independent and impartial court (Constitution 31-1).

The constitutional lawsuit is based on the findings of the Venice Commission and the OSCEOffice for Democratic Institutions and Human Rights (ODIHR), as well as the factual circumstances identified on the basis of the monitoring of the selection process (Public Defender of Georgia, OSCE/ODIHR). The lawsuit was filed with the Constitutional Court by the Public Defender on 1 November 2019.