Specific Aspects of Establishing Specialized Courts

Abstract

Specialized courts represent the highest form of judicial specialization. The establishment of such courts is the subject of considerable debate, with a variety of perspectives and approaches reflected in the legal literature. Nonetheless, the majority of scholars, along with the European Court of Human Rights, advocate for the creation of specialized courts. This endorsement stems from the fact that such mechanisms for the protection of human rights contribute to a higher standard of justice and enhance the overall efficiency of the judicial system. The core focus of this article is the analysis of the standards and particularities associated with the establishment of specialized courts. Each state determines the need to establish such courts based on its individual requirements and in accordance with specific criteria. In particular, the branch of law in which the court is to specialize must be complex, specific, and/or sensitive in nature. Furthermore, there must be significant national challenges in the relevant legal field, along with a high volume of cases brought before the courts. The author examines various international models, including those of Germany, the United States, and France. Based on the best international practices, the article proposes a potential model for the establishment of specialized courts in Georgia and provides an analysis of the necessary legislative, staffing, systemic, and other reforms required for its implementation. The article also explores, in light of Georgia’s unique national context, the potential types of specialized courts that may be established.