ESDP civilian crisis management missions

EU Rule of Law Mission in Georgia (Eujust Themis) Background: the Georgian judicial sector in the 1990s Problems - the criminal procedure had three stages: inquiry, preliminary investigation and trial, characterized by dispersion of investigative power - the judiciary and defense were extremely weak against a powerful prosecutor - lack of horizontal coordination b/n governmental agencies - widespread corruption, police abuse and bad prisons - general public distrust in the system Attempts to reform the system - in relation to Georgia’s admission to the Council of Europe: abolition of the death penalty, transfer of the penal system from the MoI to MoJ, setting up of the Council of Judges, appointment of an Ombudsman - initiatives of other agencies: the British Council, EC (TACIS),GTZ - after the Rose Revolution (2003), donors’ conference in Brussels co- organized by the EC and the WB- the need of comprehensive reform of the judicial system

EU Rule of Law Mission in Georgia (Eujust Themis) EU institutions, instruments and policies in Georgia 1990s: the EU prioritized 4 main areas: -Support to transition towards a market economy -Assistance in resolving the so-called ‘frozen conflicts’ -Contribution to domestic security and governance including the rule of law -Addressing social consequences of transition CFSP joint actions have concentrated on border security and the management of the Ossetian conflict Partnership and Cooperation Agreement (PCA) in TACIS, ECHO, Food Aid, Food Security and Financial Assistance EUSR for Southern Caucasus appointed in 2003 EU’s revised Country Strategy: new priorities rule of law, support to civil society, fight against poverty and conflict prevention ENP- Georgia included in June 2004 EC rule of law projects (Rapid Reaction Mechanism)- establishing of a probation service, strengthening of the penal administration and rehabilitation of the penal infrastructure, support to the prosecutor’s Office and to the MoI

EU Rule of Law Mission in Georgia (Eujust Themis)- framework and objectives Council Joint Action 2004/523/CFSP of 28 June ESDP rule of law operation Themis Objectives: to contribute to Georgia’s overall stability and transition by supporting overall coordination of the relevant Georgian authorities in the field of criminal justice reform Mandate: -Assisting in the development of a horizontal governmental strategy, guiding the reform in the criminal justice sector -The mission could provide urgent guidance for a new criminal justice reform strategy, support the overall coordinating role of the relevant Georgian authorities, support for planning for new legislation, support the development of international as well as regional cooperation in the area of criminal justice One year Composition of the mission: 9 legal experts seconded from the MSs and supervised by the Head of Mission Ms Sylvie Pantz (France). Expert co-located in the MoJ, MoI, the Procuracy, the Ombudsman’s Office, the Council of Justice, the Appeal Court, the Supreme Court. They collaborated with 8 Georgian legal experts hired by the HoM

EU Rule of Law Mission in Georgia (Eujust Themis)- process The mission was suggested informally by an Estonian diplomat CIVCOM’s recommendation to the PSC A fact-finding mission sent to Georgia, May 2001 OPLAN (including details on a benchmarking system) that divided the mission into 3 phases and provided objectives: - An Assessment phase (2-4 months); a comprehensive assessment - A Drafting phase (4-6 months)- setting up a high level WG to draft a strategy - An Implementation- planning phase (2-4 months)- establishment of a high level strategy group The GAERC approved the mission general concept The candidates for the position of a Head of Mission were interviewed The HoM starting working as a Head of the Planning Team Joint Action

EU Rule of Law Mission in Georgia (Eujust Themis)- framework and objectives Political control and strategic direction of the operation The Council on the objectives and termination of the operation, assisted by the HR/SG PSC- exercises political control and strategic direction under the responsibility of the Council/ power to appoint a Head of Mission, upon a proposal by the HR/SG, and to amend the operational plan and the chain of command/ reports to the Council at regular intervals Head of Mission- reports to the PSC regarding the conduct of the mission at regular intervals/ The EUSR reports to the Council through the HR/SG HR/SG gives guidance to the Head of Mission through the EUSR Council Secretariat point of contact was the Operation Unit in DG E The Commission point of contact- the Head of the Tbilisi delegation as well as the Georgia Desk officer in DG RELEX Operational level Head of Mission lead Themis and assumed its day-to-day management/ reports to the HR/SG through the EUSR

EU Rule of Law Mission in Georgia (Eujust Themis)- analysis Coherence between the EU instruments, deployed in Georgia; the ‘urgent’ instrument Cooperation between ESDP operation and other actors on the ground - Themis and the Georgian government: two legal philosophies; the participation of the civil servants and larger constituencies; lack of consensus amongst the elites; misunderstanding about the rational of the reform - Themis and the international community: a round table of Themis, OSCE, ICRC, Penal Reform International, TACIS; American legal experts; UN agencies Evaluation of the Themis operational aspects - Financing and procurement - Benchmarking and bad communication strategy