Today, the Venice Commission has issued its urgent opinion on the amendments adopted by the Georgian Parliament on 13 December 2024 and 6 February 2025 to the Code of Administrative Offences and the Law on Assemblies and Demonstrations of Georgia. The urgent opinion was requested by Mr Theodoros Rousopoulos, President of the Parliamentary Assembly of the Council of Europe.
In analyzing the legislative process, the opinion stresses that the bills were adopted in a rushed manner, without the involvement of the relevant stakeholders. This undermines the legitimacy of the amendments, particularly considering the broader political context of mass political rallies.
The amendments contain a number of vague and broadly framed provisions, granting the authorities excessively broad discretion in their application. This undermines the foreseeability of the legal framework and impairs legal certainty in the exercise of fundamental freedoms. The lack of clarity in the legal framework increases the risk of abuse.
Moreover, the necessity and proportionality of the introduction of various restrictive measures in the amendments have not been adequately justified. The new harsh custodial penalties, along with the substantial increase in fines for administrative offences, appear excessive. These measures are likely to have a chilling effect on the exercise of the freedoms of assembly and expression.
The Commission is therefore of the opinion that it is essential that the authorities revisit these amendments and undertake a proper law-making process. A comprehensive impact assessment would help ensure that any restrictive measures remain strictly necessary and proportionate to the legitimate aims they seek to achieve.
Key recommendations include the following:
• Reviewing the nature and severity of the sanctions that may be applied in the context of freedom of assembly and freedom of expression.
• Introducing clear criteria in line with Article 5 § 1 of the ECHR for individualized assessments before administrative arrest is ordered.
• Providing an effective remedy against administrative arrest and detention and ensure timely review and adequate redress.
• Defining specific elements to ensure a narrow meaning of the new prohibition on laser and light-beam devices and specifying the conditions under which the wearing of face masks may be prohibited during public assemblies.
• Provide a statutory procedure for the notification of spontaneous assemblies once they have commenced.
Image: CEPA
