How successful was the European Union’s 2004-2005 Rule of Law mission in Georgia? This chapter analyses the experience of the first rule-of-law mission undertaken under the European Security and Defence Policy (ESDP). EUJUST Themis aimed to assist the government to develop an overarching criminal justice reform strategy based on local ownership. The mission was a stand-alone civilian programme with no military component. While ESDP flexibility is a strength, the EU Council needs to ensure that ESDP has sufficient authority to apply leverage for reform.
EUJUST Themis took place following the Rose Revolution, with Saakashvili’s pro-Western government stating a commitment to reform, and the EU interested in expanding the scope of the ESDP beyond the Western Balkans. There were three consecutive phases – assessment, drafting, and implementation planning – with the latter two phases supposed to be in partnership with the Georgian authorities. However, political support from the Georgian post-revolutionary government proved volatile.
- Themis managed to bring together different Georgian stakeholders of the fragmented criminal justice system and to facilitate cooperation among them on reform plans.
- Despite its shortfalls, the National Strategy for Criminal Justice Reform is a blueprint to help bring Georgia closer to European standards.
- Frequent staff reshuffles in the judicial system and the appointment of inexperienced officials in the Georgian administration hindered reform.
- Severe logistical constraints arose from complex and slow EU procurement procedures.
Although Themis allowed the EU to demonstrate that ESDP is not confined to the Western Balkans, its broader political impact was moderate. It did not herald a more assertive EU policy in the region, and the EU’s involvement only picked up after the five-day Russian-Georgian war. As one of the first ESDP programmes, it was the subject of internal EU debates over competencies and the appropriate tools to deliver the EU’s message. Although formal channels for coordination between EU institutions exist, effective and flexible practices for coordination must be developed. ESDP missions need to liaise with European Commission projects because institution building is complex and politically sensitive. Despite the challenges, the mission was innovative and pragmatic, and a number of lessons were identified.
- Themis’ logistical problems show that even a small project needs an administration component, including a financial officer who deals on a daily basis with EU financial provisions unfamiliar to mission experts.
- Mission support in the Council Secretariat is also needed. This could be done through greater involvement of the EU Special Representative.
- Themis’ relative success can be attributed to expert advisors working with national legal assistants with knowledge of the local legal context. Embedding experts in institutions to be reformed (co-location) is now a key approach in ESDP.
