LIMITS OF REMAND POWER IN THE LIGHT OF ONE JUDGEMENT OF THE SUPREME COURT OF GEORGIA

Abstract

Article 412 of Civil Procedure Code of Georgia deals with remand power of cases to lower court and is one of the most central norms in the context of right to a fair trial. On the one hand, fair use of the mentioned norm by courts, ensures the avoidance of judicial error as well as chance of rendering wrong/unreasonable decision and increases the possibility of delivering a correct/reasoned decision to the party, all abovementioned is important component of a right to a fair trial. On the other hand, heavy caseloads could trigger improper use of article 412 in practice, that can lead to undue delay or belated justice, that is also covered by the right to a fair trial. This article is dedicated to a case study of Judgment No.758-2019 of the Supreme Court of Georgia, under which the limits of the remand power will be discusse