Von Agenten und globalen Kriegsparteien
Die georgische Demokratie befindet sich in der Krise. Die Regierungspartei „Georgischer Traum“ verschärft ihren autoritären, rechtsstaatsfeindlichen Kurs immer weiter. Am 26. Oktober wählen die Georgier:innen nun nach politisch ereignisreichen Monaten ein neues Parlament. Der Wunsch der Georgier:innen nach einer Annäherung zur EU ist dabei weiterhin stark. Doch auch wenn die Regierung zuletzt auf viel Widerstand stieß zeigte sich die Opposition überwiegend zerstritten. Ob sie es schafft, sich auf den Erhalt der Demokratie zu besinnen und ihre Differenzen hintanzustellen, ist offen. Georgien steht vor der kommenden Wahl, so auch die Worte Phirtskhalashvilis, am Scheideweg.
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Family Values, Tradition, and Human Rights
Georgia is in the process of democratic backsliding. In short succession, a number of laws were passed that have raised alarm over the country’s commitment to democratic values, and its aptitude as future member of the European Union. The law under scrutiny in this contribution targets sexual minorities.
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Why Georgia’s Law on Transparency Violates the Constitution
Since the spring of 2024, the political landscape of Georgia has been experiencing turbulent times. The so-called law “On Transparency of Foreign Influence (“Law on Transparency”) has, for the second time, caused huge public tension. The “Law on Transparency” represents more than a mere legal issue; it symbolizes the country’s choice between totalitarianism and democracy.
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Challenges to Georgia’s EU Integration: Is the Georgian ‘Russian Law 2.0’ contrary to the Georgian Constitution?
The so-called Euro-Atlantic provisions have been inserted into the Georgian constitution in 2018 and aim “to ensure the full integration of Georgia into the European Union and the North Atlantic Treaty Organization“. The Georgian draft law ‘On Transparency of Foreign Influence’, the so-called ‘Russian Law 2.0’, is likely to be contrary to those Euro-Atlantic provisions in the Georgian Constitution. Georgia has EU candidate status since late 2023. According to statements by EU representatives, the law is incompatible with Georgia’s EU aspirations. If the law is passed by Parliament, despite ongoing pro-Western protests in the streets of Tbilisi, it remains to be seen what the constitutional Court will make of it, and whether Russian influence can be contained by the Court, which is itself, under pro-Russian political influence.
Continue reading >>Finding a Constitutional Equilibrium
The beginnings of Georgian constitutionalism go back substantially to the first years of Georgia's first democratic republic (1918-1921). On 26 May 1918, Georgia declared itself independent from Russia, establishing a democratic republic and its first constitution in 1921. Arguably, it had recognized, collected and mixed the best possible practice of constitutional doctrines of the time. Although the current 1995 constitution bases its legitimacy on the first constitution, it was only through the constitutional reform of 2017-2018 that it was modernized to return to the achievements of the first Constitution of 1921.
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Georgia’s Bill on Foreign Agents and the Limits of the EU’s Soft Power
On February 20, 2023, the Parliament of Georgia registered the bill "On the transparency of foreign influence" that introduces the category of an "agent of foreign influence" – any private legal entity which gets more than 20% of its entire budget from a "foreign force". These facially innocent "monitoring" functions harbour a potentially totalitarian instrument of control. In Georgia, which underwent Stalinist purges of the 1930s, where family members (anonymously) denounced each other to the NKVD (secret police) and innocent people were rounded and summarily executed on charges of being a "foreign agent", this rings a much louder alarm bell, than elsewhere.
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The Government versus the President
A few days ago, the Georgian government filed a constitutional complaint against the President of Georgia to the Constitutional Court. Many in Georgia, and not only in Georgia, think that the government is trying to curtail the powers of the president and punish the president for her pro-European political activities. What is interesting in this context is how strong the government's legal positions really are.
Continue reading >>Those Dazzling Stars of Peace, Democracy and Freedom
In the dark, post-Soviet 1990s, Europe and America were viewed as shining spots by us, the young people, born in the Soviet Union. Embodying the West, they served as dazzling stars, relieving the darkness and promising freedom, security and happiness. I associate the brightest star with the symbol of human rights. I fondly remember myself, as a third-year law student, getting a strong sense of pride over the Chapter Two of the newly adopted Constitution of Georgia that is devoted to human rights.
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Human Rights in the Line of Fire
On 21 January 2021, the Grand Chamber of the European Court delivered its judgment in the case of Georgia v Russia (II). The Court did establish Russia’s responsibility for the consequences of one of the gravest military confrontations the continent has seen since Russia has joined the Strasbourg club. The Court is visibly not at ease with its role to adjudicate human rights violations in an armed conflict between two States. It left the five-day exchange of hostilities to the realm of humanitarian law, however, not exclusively. The white spots on the map of human rights protection in Europe the Court identifies have broad ramifications for the pending cases between Ukraine, The Netherlands and Russia as well as the cases between Armenia, Azerbaijan and Turkey.
Continue reading >>Georgia’s Coronation of an Orwellian Doublethink
On 21 March 2020, Georgia declared a nationwide State of Emergency for one month in an effort to halt the spread of COVID-19. The decree has recently been extended until May 22, 2020. To date, Georgia is among the countries with the least infected population and the mortality rate remains low (635 confirmed cases, 10 deaths, and 309 fully recovered as of May 10, 2020). Despite the relative success within the medical sphere, the rule of law, democracy and human rights are facing an epidemic of unseen scale.
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