Parliament adopts amendments restricting certain individuals from political participation
Parliament adopts amendments restricting certain individuals from political participation

The Parliament adopted a package of legislative amendments in the third reading with 81 votes. According to the amendments, if the Constitutional Court upholds a relevant lawsuit, it will be possible to prohibit specific individuals from establishing or joining a political party, holding leadership or political positions, financing a political party, being included on a party list, or being nominated as a candidate for an elective position.

The lawsuit is to be prepared based on the findings of the Parliamentary Investigative Commission.

The amendments apply to four laws: the Law on the Constitutional Court, the Law on Political Unions of Citizens, the Election Code, and the Criminal Code.

Under the changes, an authorized subject may file a constitutional claim requesting that a person associated with a political party—as defined by Article 23, Paragraph 3 of the Constitution of Georgia—be prohibited from founding a political party, holding membership, or occupying a state-political position.

Article 23(3) of the Constitution prohibits the creation or operation of political parties whose objectives include overthrowing or changing the constitutional order by force, undermining the independence or territorial integrity of the country, engaging in war or violence propaganda, or inciting national, ethnic, religious, or social strife.

The amendments to the Law on Political Unions of Citizens establish new prohibitive norms. A political party will be denied registration if its founder or any member has been banned by the Constitutional Court from engaging in political or party activities. Additionally, individuals prohibited by the Court from founding or joining a political party will also be barred from financing one.

Amendments to the Election Code introduce similar restrictions. It will now be inadmissible to include in a party list, or nominate as a candidate for elective office, any individual prohibited by the Constitutional Court from founding, joining, or participating in a political party or holding a state-political position.

Furthermore, the Criminal Code now provides for penalties in cases of noncompliance. Political parties that fail to implement a Constitutional Court decision prohibiting certain individuals from founding, leading, or joining a political party, or from holding a state or political position, will be subject to fines.

According to the ruling Georgian Dream party, the lawsuit derived from the Investigative Commission’s conclusions will be submitted to the Constitutional Court in the near future.