Assessment of implementation of the 12 priorities in the commission’s opini European Commission(EC) has published its first annual enlargement report on Georgia, replacing the previous annual Association Implementation Reports. At the invitation of the European
Council, it includes a detailed assessment of Georgia’s fulfilment of the 12 priorities laid down in the Commission opinion on Georgia’s application for membership.
Below is the implementation assessment of 12 priorities in EC’s opinion:
Priority 1: address the issue of political polarisation, through ensuring cooperation across political parties in the spirit of the April 19 agreement.
Most Members of Parliament have ended their boycott of Parliament and a few laws were passed with cross-party support. Regular ministers’ question times take place in Parliament with attempts aiming to start cross-party discussion notably on EU-path related reforms. Parliament voted against impeaching the President of Georgia. The use of harsh rhetoric continues with incidents of disinformation regarding the EU. Cooperation, compromise-building and inclusive consultations with opposition parties and civil society, notably with regards to reforms that relate to Georgia’s EU agenda, should be further pursued. All parties and stakeholders should build on the broad consensus towards Georgia’s European path in line with the will of the vast majority of Georgian citizens.
Priority 2: guarantee the full functioning of all state institutions, strengthening their independent and effective accountability as well as their democratic oversight functions; further improve the electoral framework, addressing all shortcomings identified by OSCE/ODIHR and the Council of Europe/Venice Commission in these processes”.
Amendments to the rules of procedure strengthened parliamentary oversight functions and led to increased ministerial hearings. The use of these oversight prerogatives should be enacted including by enabling the setting up of parliamentary investigative committees and the participation of opposition parties in the “trust group” overseeing the security services. Parliament adopted, in an expedited manner and by later overruling a veto by the President, amendments on the functioning of the National Bank of Georgia which raised concerns in relation to the Bank’s independence. The Government adopted a public administration reform strategy and an action plan. Investigations into the large-scale wiretapping revealed in 2021 are still outstanding. Georgia should ensure effective parliamentary oversight, notably of security services, and independence and impartiality of its key institutions.
The electoral code and the law on political associations were amended to align with some Venice Commission and ODIHR recommendations and with support from some opposition MPs. Parliament later voted to reverse the amendments to the Electoral Code changing the appointment procedure of the Central Election Commission chairperson and overriding a veto by the President. Georgia sent these amendments to the Venice Commission for consultation in September 2023. Georgia should address key ODIHR/VC recommendations from past elections, on intimidation and abuse of administrative resources and should address the recommendations in the upcoming Venice Commission opinions in a timely manner, before the next elections take place.
Priority 3: adopt and implement a transparent and effective judicial reform strategy and action plan post-2021 based on a broad, inclusive and cross-party consultation process; ensure a judiciary that is fully and truly independent, accountable and impartial along the entire judicial institutional chain, also to safeguard the separation of powers; notably ensure the proper functioning and integrity of all judicial and prosecutorial institutions, in particular the Supreme Court and address any shortcomings identified including the nomination of judges at all levels and of the Prosecutor-General; undertake a thorough reform of the High Council of Justice and appoint the High Council’s remaining members. All these measures need to be fully in line with European standards and the recommendations of the Venice Commission”.
Non-judge members of the High Council of Justice (HCJ) were elected. Parliament adopted amendments to the Law on Common Courts in June 2023 and drafted additional amendments in September 2023, addressing some of the Venice Commission key recommendations. TheJune amendments addressed one key recommendation – the procedure for suspension of judges from office, and some additional issues. The Venice Commission opinion acknowledged that if the draft September amendments were to be adopted, one other key recommendation would be addressed, namely the restriction of the grounds of judge’s disciplinary liability. The amendments did not address the core recommendations of repeated Venice Commission opinions, regarding a comprehensive reform of the HCJ and regarding the Supreme Court. In particular, these relate to the functioning and powers of the HCJ, including on the mandate of the members of the HCJ, the transfer of judges without their consent and an effective right of appeal in the selection of Supreme Court judges.
Georgia should still pursue a holistic and effective reform of the judicial system to ensure effective independence, accountability and impartiality of all judicial and prosecutorial institutions with thorough reform of the High Council of Justice. Draft constitutional amendments on the Prosecutor General’s appointment should be adopted.
Priority 4: strengthen the independence of its Anti-Corruption Agency bringing together all key anti-corruption functions, in particular to rigorously address high-level corruption cases; equip the new Special Investigative Service and Personal Data Protection Service with resources commensurate to their mandates and ensure their institutional independence.
Parliament passed legislation establishing an Anti-corruption Bureau to oversee and coordinate Georgia’s anti-corruption policy and draw up recommendations. The Bureau was granted powers to monitor asset declarations and party financing and to adopt recommendations on whistle-blower protection. The Prime Minister appointed the head of the Bureau for a term of six years. Georgia withdrew from the OECD anti-corruption network. The EU has requested Georgia to repeal the decision of February 2023 to withdraw from the OECD anti-corruption monitoring network for Eastern Europe and Central Asia (OECD/CAN) and fully implement recommendation from the previous rounds. Parliament adopted legislation, strengthening the investigative authority of the Special Investigative Service and social protection benefits of the Personal Data Protection Service personnel. Outstanding 2022 ODIHR recommendations on the appointment and dismissal of the Head of Service should be addressed. Georgia should also review the legislation on the Anti-Corruption Bureau, the Special Investigation Service and the Personal Data Protection Service addressing upcoming Venice Commission recommendations.
Priority 5: implement the commitment to “de-oligarchisation” by eliminating the excessive influence of vested interests in economic, political, and public life.
The draft law on de-oligarchisation envisaging a “personal” approach was voted down by Parliament. The government adopted an amended action plan on de-oligarchisation. The action plan builds on prior Venice Commission recommendations to follow a “systemic” approach, with a focus on the fight against corruption, public procurement, competition policy, justice reform, the fight against money laundering, financing of political parties and media; the amendments strengthened its implementation with clearer timelines. Georgia should continue developing and improving the de-oligarchisation action plan to ensure that all key areas are adequately addressed with effective measures and with clear institutional arrangements. Efficient implementation of the plan should lead to building a tangible track record. An inclusive and robust mechanism for coordinating and monitoring should swiftly be put in place allowing also to timely review and complement the plan whenever needed.
Priority 6: strengthen the fight against organised crime based on detailed threat assessments, notably by ensuring rigorous investigations, prosecutions and a credible track record of prosecutions and convictions; guarantee accountability and oversight of law enforcement agencies.
The Government adopted the 2023-2024 Action Plan for the National Strategy of Fight against Organised Crime. Georgia stepped up its cooperation with Europol and the Member States. Parliament consulted NGOs and sent 76 recommendations on fight against organised crime, cybercrime, human trafficking, money laundering, terrorism financing and drug-related crimes to relevant executive agencies for implementation. The Government adopted a Report on Money Laundering and Terrorism Financing Assessment Risks in Georgia on 3 October 2023. Addressing recommendations of the Council of Europe’s Moneyval needs to continue.
Priority 7: undertake stronger efforts to guarantee a free, professional, pluralistic and independent media environment, notably by ensuring that criminal procedures brought against media owners fulfil the highest legal standards, and by launching impartial, effective and timely investigations in cases of threats against safety of journalists and other media professionals.
An opposition TV Director was released from prison following a presidential pardon. Georgia has adopted amendments to the Law on Broadcasting to address the core principles of the EU’s
Audiovisual Media Service Directive (AVMSD) notably the issues of non-incitement to violence and hatred and the protection of minors. Georgia should continue work towards ensuring the effective independence of the media regulator (Georgian National Communication Commission) and build trust with the media sector. A first proposal to strengthen its independence is under discussion. Georgia should investigate and prosecute cases of threats against safety of journalists and other media professionals.
Priority 8: move swiftly to strengthen the protection of human rights of vulnerable groups, including by bringing perpetrators and instigators of violence to justice more effectively.
A National Human Rights Strategy was adopted. Civil society and international organisations submitted comments notably to strengthen protection of all vulnerable groups. A draft National Action Plan is being prepared with civil society consultations launched on 1 November 2023. The main 2023 Pride event had to be cancelled, due to far-right groups disrupting the festival. On 5 October 2023, the Georgian Parliament adopted amendments to the Law on Assemblies following an expedited procedure, without prior consultations. Civil society organisations and the Public Defender expressed concerns with this Law and the President vetoed it. Georgia should further the investigations against the instigators of the violence during the 2021 Pride event. Georgia should complete the National Action Plan for Human Rights Protection following the consultation process just launched, which needs to be inclusive, and start its implementation.
Priority 9: consolidate efforts to enhance gender equality and fight violence against women.
In a very inclusive process, Parliament adopted a package of draft laws related to compliance with the Istanbul Convention, mandatory Gender Impact Assessment for all legislative acts and several amendments regulating the fight against violence against women. The State Concept on Economic Empowerment of Women was approved and the validity of gender quotas in Parliament extended until elections in 2032. This priority is completed.
Priority 10: Civil society ensure the involvement of civil society in decision-making processes at all levels
Civil society representatives were invited to participate in the work on the 12 priorities. Civil society organisations (CSOs) could attend meetings and put questions to Public Defender candidates. In March, a draft law creating a registry for “agents of foreign influence” was adopted by Parliament and later withdrawn following large protests. In July and September, the ruling party held inclusive conferences on the implementation of 12 priorities with opposition and civil society organisations, in a move to resume constructive engagement with civil society, including on the EU integration process. A Memorandum on cooperation between the Parliament of Georgia and the Georgian National Platform of the Eastern Partnership Civil Society Forum was signed in October 2023. Structured engagement and dialogue with civil society at all levels, including with government, regional and local authorities, requires further strengthening to ensure CSOs can effectively and meaningfully engage in policy and decision-making. Georgia should also refrain from adopting measures which could hamper or restrict meaningful participation of civil society in such processes.
Priority 11: adopt legislation so that Georgian courts proactively take into account European Court of Human Rights judgments in their deliberations. Parliament adopted a legal package on legislative mechanisms ensuring reference to European Court of Human Rights (ECtHR) decisions by Georgia’s courts, facilitating access to such decisions and supporting the professional development of judges, prosecutors and defence lawyers in that regard. All parties supported the legislation and voted in favour. This priority is completed.
Priority 12: ensure that an independent person is given preference in the process of nominating a new Public Defender (Ombudsperson) and that this process is conducted in a transparent manner; ensure the Office’s effective institutional independence. A new Public Defender was appointed in February 2023 with votes from opposition MPs. The Public Defender’s Office operates with a high level of credibility in the Georgian society. This priority is completed.
