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GYLA: Changes in the rules for passing through diplomatic service procedures are a clear continuation of repressive actions directed at public officials

GYLA: Changes in the rules for passing through diplomatic service procedures are a clear continuation of repressive actions directed at public officials
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The "Georgian Young Lawyers’ Association" responds to the changes in the rules for passing through diplomatic service procedures and issues a statement regarding this matter.

GYLA believes that the changes are a clear continuation of repressive actions directed at public officials.

The Minister of Foreign Affairs of the "Georgian Dream" party, Maka Bochorishvili, introduced changes to the diplomatic service procedures through Order No. 01-74 on January 27, 2025, which unlawfully worsened the legal status of individuals employed in the diplomatic service. This is a continuation of the repression against public officials that began in December 2024 and directly mirrors the amendments made to the Law on Public Service in December. In this case, even the principle of formal legality has been grossly violated by the ministry. According to the changes, the order, as a subordinate act, has worsened the legal status established by a superior act, i.e., the Law on Diplomatic Service, in violation of the hierarchy established by the Organic Law of Georgia on Normative Acts. Moreover, substantively, the changes lead to the complete subjugation of the diplomatic service to party interests," the statement of GYLA reads.

According to the non-governmental organization, both the amendments to the Law on Public Service and the Minister's order fully contradict the concept of a professional civil servant and, in fact, abolish the first-ranking positions within the civil service hierarchy. At the same time, the organization assesses that the career development of officials is halted at the second-ranking level.

"Such changes are incompatible with the institution of professional civil servants, who should be protected from political decisions and be a guarantee of the stability of the public service. Furthermore, this regulation creates a serious risk of political manipulation by the ruling party. The Law on Public Service initially separated political and executive functions to protect public service from political influence. However, these changes completely alter that approach. First of all, heads of structural units could be appointed to these positions based on party loyalty, since, unlike professional civil servants, they are no longer required to maintain political neutrality. On the other hand, these appointees would be subject to arbitrary dismissal if their views no longer align with party interests. This, in turn, puts both the employees and the structure itself in a vulnerable position, as its effectiveness and autonomy are heavily dependent on the stability and continuity of professional staff. SIA believes that the changes in the diplomatic service procedures are a clear continuation of repression against public officials.

Specifically, since November 28, 2024, after public officials expressed their protest against the policies of the "Georgian Dream" that halted the EU negotiation process, pressure on public service employees intensified, which was eventually reflected in the amendments to the Law on Public Service. It is noteworthy that employees of the Ministry of Foreign Affairs were among the first public officials to openly condemn the ongoing events, which led to direct or indirect threats of dismissal and calls for resignation from "Georgian Dream" representatives for those with critical views. Under the Georgian Criminal Code, it is a punishable act to force an individual to submit a resignation letter voluntarily. Therefore, considering the ongoing events, if such coercion occurs, investigative bodies are obliged to conduct an investigation, and the Georgian Prosecutor's Office, as a constitutional body, should carry out effective supervision. However, we also note that the Prosecutor's Office of Georgia is generally indifferent to such crimes.

If individuals holding diplomatic positions receive offers to change their appointment basis or switch to administrative contracts based on the aforementioned order, this would contradict the law. Since subordinate acts must comply with the law, the contradictions between the order and the Law on Diplomatic Service create legal grounds for appealing and invalidating the order, as well as the illegal consequences resulting from this order. We call on the Ministry of Foreign Affairs of Georgia to disclose whether the regulations provided by the January 27, 2025, Order No. 01-74, which contradict the Law on Diplomatic Service, have come into effect for the legal relationships that arose from January 1, 2025," the GYLA statement concludes.

GYLA: Changes in the rules for passing through diplomatic service procedures are a clear continuation of repressive actions directed at public officials

The "Georgian Young Lawyers’ Association" responds to the changes in the rules for passing through diplomatic service procedures and issues a statement regarding this matter.

GYLA believes that the changes are a clear continuation of repressive actions directed at public officials.

The Minister of Foreign Affairs of the "Georgian Dream" party, Maka Bochorishvili, introduced changes to the diplomatic service procedures through Order No. 01-74 on January 27, 2025, which unlawfully worsened the legal status of individuals employed in the diplomatic service. This is a continuation of the repression against public officials that began in December 2024 and directly mirrors the amendments made to the Law on Public Service in December. In this case, even the principle of formal legality has been grossly violated by the ministry. According to the changes, the order, as a subordinate act, has worsened the legal status established by a superior act, i.e., the Law on Diplomatic Service, in violation of the hierarchy established by the Organic Law of Georgia on Normative Acts. Moreover, substantively, the changes lead to the complete subjugation of the diplomatic service to party interests," the statement of GYLA reads.

According to the non-governmental organization, both the amendments to the Law on Public Service and the Minister's order fully contradict the concept of a professional civil servant and, in fact, abolish the first-ranking positions within the civil service hierarchy. At the same time, the organization assesses that the career development of officials is halted at the second-ranking level.

"Such changes are incompatible with the institution of professional civil servants, who should be protected from political decisions and be a guarantee of the stability of the public service. Furthermore, this regulation creates a serious risk of political manipulation by the ruling party. The Law on Public Service initially separated political and executive functions to protect public service from political influence. However, these changes completely alter that approach. First of all, heads of structural units could be appointed to these positions based on party loyalty, since, unlike professional civil servants, they are no longer required to maintain political neutrality. On the other hand, these appointees would be subject to arbitrary dismissal if their views no longer align with party interests. This, in turn, puts both the employees and the structure itself in a vulnerable position, as its effectiveness and autonomy are heavily dependent on the stability and continuity of professional staff. SIA believes that the changes in the diplomatic service procedures are a clear continuation of repression against public officials.

Specifically, since November 28, 2024, after public officials expressed their protest against the policies of the "Georgian Dream" that halted the EU negotiation process, pressure on public service employees intensified, which was eventually reflected in the amendments to the Law on Public Service. It is noteworthy that employees of the Ministry of Foreign Affairs were among the first public officials to openly condemn the ongoing events, which led to direct or indirect threats of dismissal and calls for resignation from "Georgian Dream" representatives for those with critical views. Under the Georgian Criminal Code, it is a punishable act to force an individual to submit a resignation letter voluntarily. Therefore, considering the ongoing events, if such coercion occurs, investigative bodies are obliged to conduct an investigation, and the Georgian Prosecutor's Office, as a constitutional body, should carry out effective supervision. However, we also note that the Prosecutor's Office of Georgia is generally indifferent to such crimes.

If individuals holding diplomatic positions receive offers to change their appointment basis or switch to administrative contracts based on the aforementioned order, this would contradict the law. Since subordinate acts must comply with the law, the contradictions between the order and the Law on Diplomatic Service create legal grounds for appealing and invalidating the order, as well as the illegal consequences resulting from this order. We call on the Ministry of Foreign Affairs of Georgia to disclose whether the regulations provided by the January 27, 2025, Order No. 01-74, which contradict the Law on Diplomatic Service, have come into effect for the legal relationships that arose from January 1, 2025," the GYLA statement concludes.

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