Constitutional Foundations of Procedural Rights
The Constitution of Georgia shapes procedural rights through two closely connected norms. Under the first part of Article 31 of the Constitution, every person has the right to apply to a court for the protection of his or her rights, and the right to a fair and timely hearing of the case is ensured. The same approach appears in Article 42 of the Constitution, the first part of which grants every person the right to apply to a court for the protection of his or her rights and freedoms. Together these two norms form the foundation on which the entire system of judicial protection stands: a person can bring before an independent judge a dispute about harm caused by the state or by another person.
The Guarantee of a Competent Court
The second part of Article 31 of the Constitution records that every person must be tried only by a court whose jurisdiction covers his or her case. This norm excludes situations where a case is artificially transferred to a body that has no legal authority to hear it. The second part of Article 42 of the Constitution repeats the same principle and ensures that the judge is designated by the procedure established by law for the specific case. The requirement of a competent judge is the first condition of a fair trial, because a person must know that his or her case will be heard by the court that the law provides for that case.
The Right of Defense and the Role of the Advocate
Under the third part of Article 31 of the Constitution, the right of defense is guaranteed: everyone has the right to defend his or her rights in court personally or through an advocate, and, in cases determined by law, through a representative. In addition, the unimpeded exercise of the rights of advocates and the right of self-organization of advocates are guaranteed by law. This guarantee is particularly important for persons who lack legal knowledge or the necessary resources: the participation of a professional defender equalizes the opportunities of the parties and ensures that a person is not left defenseless in court proceedings. Article 42 of the Constitution likewise names the right of defense as guaranteed, thereby underlining its fundamental character.