• ABOUT US
    • History
    • Our Team
    • Advertising
    • Subscription
  • CONTACT US
Georgia Today
No Result
View All Result
  • News
  • Politics
  • Business & Economy
  • Social & Society
  • Sports
  • Culture
  • News
  • Politics
  • Business & Economy
  • Social & Society
  • Sports
  • Culture
No Result
View All Result
Georgia Today
No Result
View All Result

Venice Commission: Electronic Communications Reform not in Line with European Standards in Georgia

by Georgia Today
March 23, 2021
in Social & Society
Reading Time: 3 mins read
Venice Commission: Electronic Communications Reform not in Line with European Standards in Georgia

The Council of Europe’s Venice Commission adopted on 20 March an opinion on reform passed last July by the Georgian Parliament to amend the national Law on Electronic Communications, as requested by the Monitoring Committee of the Council of Europe’s Parliamentary Assembly.

Based on to the Venice Commission opinion, jointly drafted with the Council of Europe Directorate General of Human Rights and Rule of Law – the new Article 46 No. 1 “significantly altered” regulatory power, empowering the GNCC to appoint a special manager to electronic communication providers in Georgia to remedy unlawful acts conducted by operators in alleged violations of competition law, while the new Article 11 stipulates immediate enforceability of legal acts by the GNCC including decisions under Article 46 No. 1.

“While the Venice Commission acknowledges the legitimate aim not to endanger internet access for end users, the current solution chosen by the legislator in Articles 46 No. 1 and 11 of the Law on Electronic Communications leads to “far reaching consequences for the right to property and media freedom, as well as to the right of a fair trial”, reads the opinion.

The special manager appointed by the GNCC under Article 46 No. 1 enjoys “extraordinary powers” resembling a court-appointed administrator in a bank or financial institution or a court-appointed liquidator in relation to a company in distress, based on the opinion.

The Venice Commission is “unaware” of such powers in the hands of a regulatory authority in the field of communications in the European context. The powers are “so vast and over-reaching” that the only limitation seems to be the alienation of the shareholding, leaving the shareholders with no say in the decision-making structures or processes within the company, the document reads.

In terms of enforcing legal acts under Article 46 No. 1, Article 11 “lacks clarity”, creating serious issues of uncertainty and concerns about the recourse to judicial review, it concludes.

Because of these and other critiques, the Venice Commission has developed special recommendations and invites the legislator to carry out a “full and thorough re-examination of the two amendments,” in accordance with these recommendations:

As to Article 46 No.1:

  • Conduct the Regulatory Impact Assessment (RIA) and conduct consultations with all stakeholders.
  • Rectify Article 46 No. 1, seeking a comprehensive solution in line with Article 1 Protocol 1 and Article 10 of the ECHR.
  • Specify the scope of Article 46 No. 1 by introducing legal definitions for “economic interest of the country”, “critical infrastructure” and “security interests”.
  • Amend Article 46 No. 1 so as to clearly stipulate that the provision in no way applies to the broadcasting operations of the electronic communications operator.

As to Article 11:

  • Revoke the amendment to Article 11 and return to the general principle of domestic administrative procedure law that appeals have suspensive effect for appointment decisions taken by the GNCC under Art 46 No. 1.
  • Stipulate clearly who, in the case of the appointment of a special manager under Article 46 No.1, has the right to appeal the appointment decision and extend the timeframe for lodging such an appeal; on the basis of the equality of arms principle, provide explicitly that the person/s entitled to lodge the appeal should be given free access to information and documents necessary for the appeal.
Tags: Electronic Communicationsnational Law on Electronic CommunicationsOpinionVenice Commission
ShareShareTweet

Related Posts

Tbilisi marks 10th anniversary of devastating June 13 flood
Social & Society

Tbilisi marks 10th anniversary of devastating June 13 flood

June 13, 2025
London-bound plane carrying 242 people crashes after take-off in India
International

London-bound plane carrying 242 people crashes after take-off in India

June 12, 2025
Cinéma et Constellations: A French Summer of Imagination and Intimacy in Tbilisi
Blog

Back in Business

June 12, 2025

Recommended

Putin, Xi, and allied leaders mark Russia’s Victory Day at Moscow parade

Putin, Xi, and allied leaders mark Russia’s Victory Day at Moscow parade

1 month ago
Experience Seamless Connectivity with Silknet eSIM in Georgia

Experience Seamless Connectivity with Silknet eSIM in Georgia

12 months ago
Champion Karateka Luka Khvedeliani on the Benefits of Georgian Karate for Georgia’s Youth

Georgia to Celebrate First Europe Day with European Union Candidate Status

1 year ago
Georgian Foreign Minister Holds Farewell Meeting with French Ambassador to Georgia

Georgian Foreign Minister Holds Farewell Meeting with French Ambassador to Georgia

3 years ago
Natia Mezvrishvili on Dealing with 2 Political Giants

Natia Mezvrishvili on Dealing with 2 Political Giants

3 years ago
Giorgi Gakharia: We were Told We Were Capable of Nothing – It’s All a Lie and Ukraine is a Great Example of This

Giorgi Gakharia: We were Told We Were Capable of Nothing – It’s All a Lie and Ukraine is a Great Example of This

3 years ago
GT Interview with Giorgi Badridze

GT Interview with Giorgi Badridze

3 years ago
Russo-Ukrainian War and Georgia – Analysis from security expert Kakha Kemoklidze

Russo-Ukrainian War and Georgia – Analysis from security expert Kakha Kemoklidze

3 years ago

Navigation

  • News
  • Politics
  • Business & Economy
  • Social & Society
  • Sports
  • Culture
  • International
  • Where.ge
  • Newspaper
  • Magazine
  • GEO
  • OP-ED
  • About Us
    • History
    • Our Team
    • Advertising
    • Subscription
  • Contact

Highlights

Kobakhidze Meets Orbán in Budapest, Blasts EU Bureaucracy and Praises Hungary Ties

Cinéma et Constellations: A French Summer of Imagination and Intimacy in Tbilisi

EU Ambassador: Visa-Free travel for Georgians still in place, despite ongoing discussions

Kobakhidze to Orbán: We face similar challenges, standing together is crucial to address them

Salome Zurabishvili: Katamadze’s secret expulsion shows Georgia has abandoned constitutional norms

Darakhvelidze on Katamadze: He refused voluntary departure, expulsion followed Georgian law

Trending

Experience Seamless Connectivity with Silknet eSIM in Georgia
Business & Economy

Experience Seamless Connectivity with Silknet eSIM in Georgia

by Georgia Today
June 26, 2024

Why Silknet's eSIM could be your top choice in Georgia  Since its introduction, eSIM technology has become...

Photo by the author

Virtuosity and Versatility: Marc-André Hamelin Opens Tbilisi Piano Festival 2024

May 30, 2024
  • Where.ge
  • Newspaper
  • GEO
  • Magazine
  • Old Website

2000-2024 © Georgia Today

No Result
View All Result
  • News
  • Politics
  • Business & Economy
  • Social & Society
  • Sports
  • Culture
  • International
  • Where.ge
  • Newspaper
  • Magazine
  • GEO
  • OP-ED
  • About Us
    • History
    • Our Team
    • Advertising
    • Subscription
  • Contact

2000-2024 © Georgia Today