Published on 6 January 2025
 
FOURTH SECTION
Application no. 14328/23
Mamuka MACHAVARIANI
against Georgia
lodged on 31 March 2023
communicated on 9 December 2024
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s complaint that the Civil Chamber of the Supreme Court which examined his case was not an “independent and impartial tribunal established by law”. In particular, he claimed that one of the justices had been appointed to the Supreme Court through deficient judicial appointment procedure and in violation of a statutory eligibility criterion.
The relevant civil proceedings against the applicant ended with the Supreme Court’s inadmissibility decision dated 6 December 2022. According to the applicant, he became aware of the composition of the Civil Chamber of the Supreme Court only when he got acquainted with the final decision in his case. The applicant complains under Article 6 § 1 of the Convention.
QUESTIONS TO THE PARTIES
1.  Did the applicant have at his disposal an effective domestic remedy with respect to the complaint concerning the lawfulness of the composition of the Supreme Court of Georgia, within the meaning of Article 35 § 1 of the Convention, and has he exhausted it (see Ugulava v. Georgia (no. 2), no. 22431/20, §§36-43, 1 February 2024)?
 
2. Was the composition of the Supreme Court of Georgia which dealt with the applicant’s case a “tribunal established by law” as required by Article 6 § 1 of the Convention?