Reform process in Georgia stalled - PACE on Georgia

JAMnews

Tbilisi

PACE on Georgia

The co-rapporteurs of the Monitoring Committee of the Parliamentary Assembly of the Council of Europe (PACE) stated that the reform process in Georgia has stopped and the country is at a critical crossroads on the path to European integration.

Co-speakers Claude Kern (France, ALDE) and Edith Estrella (Portugal, SOC) in a joint statement talk about polarization in Georgia, the delay in reforms, frequent attacks on civil organizations, the deoligarchization bill, and Mikheil Saakashvili.

The speakers called on the ruling party of Georgia and all political forces to work together to fulfill the 12 recommendations put forward by the European Union. Kern and Estrella were in Georgia on March 27-29, following which their statement was published.

According to the co-rapporteurs, they have always supported Georgia and helped it on its way to European integration. According to them, the citizens of Georgia deserve it, and the reforms carried out in the country after joining the Council of Europe contributed to the democratic development of the country and the rule of law.

At the same time, Kern and Estrella express concern that the reform process is being dragged out at an important moment for Georgia’s European integration:

● In the resolution adopted by the Assembly of the Council of Europe, and in accordance with the 12 recommendations of the European Commission, the main priority is to eliminate the extreme polarization in the political environment of Georgia, which affects all spheres of society.

● The solution to the problem of polarization depends on the desire of both the ruling power and the opposition to change their behavior.

● An active and critical civil society, like the one in Georgia, is essential for a well-functioning democratic society. Therefore “we call on the authorities to definitively condemn and, if necessary, investigate attacks against civil society actors aimed at silencing and stigmatizing various organizations.”

● The statement also highlights the need to continue judicial reform. Georgia must ensure the existence of an independent and impartial judiciary. The co-rapporteurs state that although some reforms have taken place since the adoption of the last resolution, there is still a need for a comprehensive reform based on an independent assessment of previous judicial reforms, as required by PACE. They also urged the authorities to reform the High Council of Justice in order to address the problems of corporatism, lack of transparency, and undue influence on the judiciary.

● The so-called personal approach in the de-oligarchization bill is not in line with the European Convention on Human Rights, and the speakers call on the government to abandon this approach in the bill:

“This is especially important in the context of the so-called deoligarchization law.” While the co-rapporteurs commended the government’s willingness to tackle the excessive influence of oligarchs in economic, political and public life, they expressed concern that it would be difficult to bring the so-called personal approach outlined in this law into line with the European Convention on Human Rights.

In the context of an extremely polarized political environment and in the context of issues related to the control of the High Council of Justice over the judiciary, a case-by-case approach may make the draft law vulnerable to political abuse, which is contrary to the stated goals of the law. The co-rapporteurs recommend the government abandon the personal approach and support the so-called systematic approach of strengthening existing mechanisms, which the Venice Commission clearly prefers.

During their visit to Georgia, the co-rapporteurs also got acquainted with the case of Mikheil Saakashvili. They express concern about conflicting information about his health.

In their opinion, Saakashvili’s fate should not be a political matter and foreign doctors invited to evaluate him.

On June 17, 2022, the European Commission prepared a report on granting Georgia, Ukraine and Moldova candidate status for EU membership. Ukraine and Moldova will receive the status of EU candidate and will be required to fulfill certain obligations, while Georgia will first be obliged to fulfill the 12-point plan and conditions, and only then have the chance to become a candidate.

On October 13, 2022 the Parliamentary Assembly of the Council of Europe (PACE) declared the Russian regime a terrorist organization and became the first international organization to adopt a similar act. Georgian Dream claims that it shares the general spirit of the PACE resolution, but does not support the document, because it does not agree with the protocol on the political conclusion of ex-president Mikheil Saakashvili.

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Later the resolution was amended so that the Assembly requires “consideration of cases and release of political prisoners in opposition to President Putin, including a citizen of Ukraine and former President of Georgia Mikheil Saakashvili” in the Russian Federation and other countries.

On November 8, 2022, MEPs discussed the annual report on the implementation of the Association Agreement between Georgia and the European Union at a meeting of the Foreign Affairs Committee in Brussels. According to the compromise document, Ivanishvili is no longer mentioned as an oligarch, but in the chapter on deoligarchization his name and surname are indicated and it is says that it is necessary to take, among other things, legislative decisions regarding Ivanishvili’s excessive influence.

On February 3, 2023, the European Commission published a report on Georgia, Ukraine and Moldova’s compliance with EU law and rated Georgia’s compliance with EU foreign policy as “moderately prepared”.