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