Venice Commission welcomes Georgia’s constitutional amendments
Venice Commission welcomes Georgia’s constitutional amendments

In a new opinion, the Council of Europe’s Venice Commission praises changes towards greater participation of political parties in Georgia’s proportional election system, based on draft constitutional amendments that had been adopted by the Georgian Parliament in December last year.

But their delayed entry into force – only in 2024 – is “highly regrettable,” the constitutional experts say. The delay creates a “major obstacle to reaching consensus,” because smaller parties will have to wait another six years before being able to benefit fully from the amendments.

The experts do however welcome the amendments specific to the 2020 elections, which alleviate – “if only to a certain extent” – the detrimental effects for smaller parties of the postponement. These amendments include the possibility of political parties (in particular smaller ones) to form electoral coalitions (party blocks) and the reduction of the election threshold from 5% to 3%.

In its opinion, as requested by the Council of Europe’s Parliamentary Assembly, the Venice Commission says other previous recommendations are not taken into account, including a recommendation about the requirement of a qualified majority in Parliament for the election of the Prosecutor General.

A draft article still provides for an election of the Prosecutor General by a majority of the full composition of Parliament. A qualified majority could contribute to prevent the politicisation of this institution, the experts say.

A new draft article maintains the prohibition of creation of political parties on “territorial principle,” an unjustified prohibition, as other less intrusive measures into this right may be considered.

The report was adopted at the Venice Commission’s plenary session on 17 March. Its full text will be published on the Commission’s website by the end of the day today.