Venice Commission publishes Opinion on several laws adopted by Georgian Parliament

The Venice Commission published its Opinion on several laws adopted by the Georgian Parliament on March 4, 2026, in particular, the Law on Grants, the Organic Law on Political Associations of Citizens, the Criminal Code and related Legislation.

The Chairperson of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee of the Parliamentary Assembly -PACE-), Elvira Kovács, requested an Opinion of the Venice Commission

Herdís Kjerulf Thorgeirsdottir, Zlatko Knežević and François Séners acted as rapporteurs for this opinion.

Based on the document, the rapporteurs held online meetings with representatives of the international community, non-parliamentary political groups, and civil society organizations.

According to them, representatives of the government and of the parliamentary majority declined to meet with the Venice Commission delegation, and so did the State Grant Management Agency and the Audit State Office.

Also, according to the document, the Commission is grateful to the Council of Europe Office in Georgia for the excellent organisation of the online meetings.

The Venice Commission examined the laws adopted by the Georgian Parliament on March 4, 2026, in particular, the Law on Grants, the Organic Law on Political Associations of Citizens, the Criminal Code and related Legislation.

This opinion repeats the 2025 Opinion where the Venice Commission concluded that the legislative framework risked undermining the rule of law, civic space and democratic freedoms and recommended the repeal of the restrictive legislative acts together with improvements to the existing legal framework. It further emphasised that any future legislation in this field should be developed through a systemic and inclusive legislative process.

According to the Venice Commission, the situation in Georgia has deteriorated further since the 2025 opinion.

“The 4 March 2026 legislative amendments significantly expand the restrictive legal framework governing civil society, political participation and foreign funding in Georgia. Rather than addressing the concerns identified in previous opinions, they further strengthen governmental control, broaden the scope of the restrictions and reinforce the legislative framework through extensive monitoring powers and criminal sanctions,” reads the Opinion.

Faced with prior governmental control, extensive monitoring powers and the prospect of investigation, criminal prosecution and imprisonment, individuals and organisations may reasonably refrain from engaging in lawful activities protected by the Convention. The exercise of freedoms of association and expression as well as the right to political participation is thereby likely to be curtailed, not only through direct prohibitions, but more importantly through the creation of a legal environment in which the risks associated with civic engagement become too great to assume.

The Venice Commission is of the view that in their current form the restrictions imposed on individuals raise serious concerns under international human rights standards. The Commission recommends strongly reconsidering the use of criminal-law sanctions in the framework of the procedures and breaches of obligations under the Law on grants, as well as for conduct involving the broad concept of “political matters concerning Georgia”, the activities of foreign legal entities, or transactions characterised as intended to circumvent the grant’s regime. Such conduct should be dealt with by purely administrative means, accompanied by robust procedural safeguards. If the authorities nevertheless decide to maintain their approach involving criminal sanctions, it should be ensured, as a minimum, that criminal liability remains limited to situations where it is strictly necessary and proportionate, and that both the conduct attracting such sanctions and the applicable sanctions are precisely defined,” it reads.

Also, according to the Venice Commission Opinion, 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.

In light of these conclusions, 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 – especially when considering the cumulative and systemic impact of the 4 March 2026 legislative framework as a whole, including recent amendments assessed in the Venice Commission Opinion on the amendments of 16 October 2025 to the Organic law on political associations of citizens and related laws. 86 This legislation is contrary to international standards on pluralism and democracy. Rather than protecting the sovereignty of Georgia, the constitutional system and political parties from foreign influence and external interference, the legislation at stake risks undermining them profoundly,” reads the document.

Based on the Opinion, the Venice Commission regrets that the Georgian authorities have not wished to engage with it in the preparation of this opinion but remains open to dialogue.