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05 Apr 2024

Law School Clinics Describe Contents and Creation of Amicus Curiae Briefs

On March 22, 2024, at an event held at Free University of Tbilisi (FreeUni), with support from the USAID Rule of Law Program, authors of two amicus curiae briefs prepared by law clinic students explained and reflected upon their work.

Giorgi Beraia, an invited lecturer at the Free University of Tbilisi, led the presentation. He provided an overview of the background and legal aspects of the cases addressed by the briefs. Students Rusudan Gochitashvili, Viktor Iagutiani, Mariam Jikidze, and Nino Shelia, who were directly involved in the preparation process, explained the contents of the briefs and the process used in creating them.  

The Constitutional Law Clinic of the Free University of Tbilisi in cooperation with the Law School of Batumi Shota Rustaveli State University drafted the first brief. The brief pertains to the case of Eka Areshidze, Ketevan Meskhishvili, Madonna Maisuradze, Mamuka Tsiklauri, and Tamar Khazhomia vs. the Parliament of Georgia (Case N3/14/1693). The plaintiffs, who were acting judges, contested the Parliament of Georgia's decision to amend the Organic Law of Georgia on General Courts and introduced a new basis for the disciplinary responsibility of judges and the transfer of a judge to another court. The plaintiffs argued that these changes curtailed their right to fulfill their judicial duties according to constitutional standards and impinged upon their freedom of expression.

The Constitutional Law Clinic of the Free University of Tbilisi also prepared the second brief which concerned the case of Irakli Khvadagiani vs. the Parliament of Georgia, the Government of Georgia, and the Minister of Justice of Georgia. This Constitutional claim revolved around the right to access public information from archives, including the constitutionality of restrictions based on the protection of personal information and the high fees for obtaining information. The applicant, a researcher of the Soviet past, contended that the contested norms hinder his professional activities

Eleven students and academics attended the presentation. Mariam Jikidze, one of the Free University students, who helped draft the briefs had this to say about the experience: “Participating in such a program offered me a practical avenue for applying theoretical knowledge gained at the university level. Such practical projects, including the preparation of amicus curiae briefs, are vital for law students as they cultivate crucial skills like legal research, writing, analysis, and critical thinking.”

Viktor Iagutiani, another law student at Free University who participated in the brief drafting, said, “As a law school student, my work on an amicus curiae for the Constitutional Court of Georgia focusing on judges' freedom of expression, was a profound and enlightening experience. It broadened my understanding of legal principles and the critical importance of protecting judges' freedom of expression in democratic society. I believe the issue of judges' freedom of expression is crucial, as it goes to the heart of judicial independence and the rule of law.”

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