Proposed amendments enable restrictions on political participation following Constitutional Court ruling

A legislative package has been submitted to Parliament, outlining measures that, should the Constitutional Court’s claim be upheld, would allow for the prohibition of certain political activities by specific individuals. These measures include banning the establishment of political parties, membership or holding political office, financing parties, and inclusion on party lists or nominations for electoral positions.

The proposed amendments are incorporated into four key laws: the Law on the Constitutional Court, the Law on Political Unions of Citizens, the Election Code, and the Criminal Code.

The draft law “On the Constitutional Court” stipulates that a person authorised to file a constitutional claim concerning the banning of a political party may also request that an individual be barred from founding a party, being a member, or holding a state-political position related to a political organisation, as outlined in Article 23, Paragraph 3 of the Constitution of Georgia.

This constitutional article prohibits the creation and activity of any political party aimed at overthrowing or forcibly changing the constitutional order, undermining the country’s independence, threatening its territorial integrity, or engaging in propaganda of war or violence. It also forbids inciting national, ethnic, sectarian, religious, or social discord.

Furthermore, the amendments to the Law on Political Unions of Citizens introduce additional restrictions. Notably, a party will be denied registration if its founder or members have been banned by the Constitutional Court from participating in party activities or holding political office. The draft also stipulates that financing a political party by an individual who has been prohibited by the Court from establishing or being a member of a political party will be unlawful.

The amendments to the Election Code strengthen these restrictions, stating that any individual who has been prohibited by the Constitutional Court from founding a political party, becoming a member, or holding a political office cannot be included on party lists or nominated as a candidate for elected positions.

Additionally, the Criminal Code provides for sanctions, stipulating that a fine may be imposed on any political party that fails to comply with the Court’s decision prohibiting a specific individual from establishing, leading, or participating in a political party, or from holding a political or state office.

These amendments were introduced during the Monday session of the Parliament’s Bureau.