Venice Commission calls on the Georgian authorities to reconsider a number of provisions in the laws "On Grants" and "On Political Associations of Citizens"
The Venice Commission, which issued a critical opinion on the legislative amendments adopted by the Georgian Parliament in March, states that the application of criminal sanctions for violations of procedures and obligations under the Law on Grants should be reconsidered.
According to the Venice Commission's recommendation, the use of criminal sanctions should also be reviewed regarding actions involving broad concepts—such as "political matters related to Georgia," the activities of foreign legal entities, or transactions characterised as intended to circumvent the grant regime.
In light of the Venice Commission's opinion, such actions should be regulated solely through administrative means, with appropriate procedural safeguards in place; however, should the authorities decide to maintain the approach of applying criminal sanctions, they must at least ensure that criminal liability is limited to cases where it is strictly necessary and proportionate, and that both the conduct triggering the sanctions and the sanctions themselves are precisely defined.
“The regulatory framework lacks legal certainty and foreseeability. Key concepts such as the notions of “grant”, activities “relating to political matters”, “organisation representing the interests of a foreign power” and a “person with a declared party-political aim”, “establishing a perception of illegitimacy” or “harming the interests of the state”, are formulated in overly broad and imprecise terms, creating uncertainty as to the persons subject to the restrictions and conferring excessive discretion on the authorities. These concepts need to be clarified and narrowly defined. The Venice Commission further considers that in the future the process of adopting legislation in Georgia must take an appropriately inclusive approach so as to ensure its legitimacy and broad acceptability. The law-making process should be conducted in a context of deliberation, the expedited procedures being the exception, involving and permitting the expression of the opinions of all relevant actors.
For reference, the Venice Commission has assessed and published its opinion on the amendments adopted by the Parliament of Georgia regarding the Law on Grants, the Organic Law on Political Associations of Citizens, and the Criminal Code, as well as related legislation. The Venice Commission is of the strong view that the legislation under examination does not pursue the aim of protecting and strengthening the sovereignty of Georgia and political parties from foreign influence and external interference. It rather imposes disproportionate and unnecessary restrictions on the fundamental rights and political freedoms of the Georgian citizens, concerning in particular freedom of association and expression and preventing the formation and survival of a political opposition.
