European Commission Issues Sixth Report on Visa Suspension Mechanism

The European Commission’s sixth report under the Visa Suspension Mechanism covers the visa-free countries in the Western Balkans and in the Eastern Partnership. The report assesses their compliance and progress in various areas, focusing on visa policy, border management, the judiciary and anti-corruption measures. Georgia is one of the countries assessed in the report.

Visa Policy Alignment: Report highlights that Georgia maintains a visa-free regime with 24 countries on the EU’s list of visa-required countries. Georgia made no progress towards further visa policy alignment in 2022.

Integrated Border Management and Migration Management: According to the report, Georgia continued efforts to address the issue of unfounded asylum applications. In 2022, Georgia introduced ‘exit-control checks’ at border crossing points which prevented the departure of 4,677 Georgian citizens considered a risk for irregular migration to the EU.

Georgia cooperates regularly with concerned EU Member States on visa-free travel issues. In 2022, Georgia deployed 16 police officers in some EU Member States to assist local law enforcement authorities.

Cooperation with Frontex remains robust, focusing on preventing abuse of visa-free travel by Georgian citizens, including the lodging of unfounded asylum applications.

Georgia’s cooperates with Member States on readmission, with a high rate of positive decisions (98%) and active participation in repatriation flights.

Monitoring Trends in Irregular Migration and Asylum: In 2022, the number of applications for international protection by Georgian nationals in EU Member States increased by 81%, with 26,450 applications lodged (compared to 14,635 in 2021). The recognition rate also increased from 5% in 2021 to 7% in 2022.

There were 25 cases of irregular border crossings by Georgian nationals in 2022, marking an 87% (21 910 people) increase in the number of Georgian nationals irregularly staying in Member States compared to 11 695 in 2021. The number of refusals of entry issued to Georgian nationals increased by 31%, from 3 030 in 2021 to 3 970 in 2022.

EC SIXTH REPORT UNDER THE VISA SUSPENSION MECHANISM

In 2022, the number of return decisions issued to nationals of Georgia rose by 50% (16 275 in 2022
compared with 10 820 in 2021) as did the number of people returned (7 760 in 2022 compared with 4
935 in 2021, a rise of 57%). The return rate slightly improved, from 46% in 2021 to 48% 2022.

Public Order and Security: According to the report, Georgia continued its efforts to combat corruption, with the establishment of the Anti-Corruption Bureau and the adoption of legislation in 2022.

“High-level corruption remains an area to be addressed and in particular the challenge of large-scale
vested interests and their influence in both the political, judicial and economic spheres” report states.

According to the report, in May 2023, Georgia expanded the scope of the asset declaration regime to cover all prosecutors, while a recommendation to limit judges’ immunity to activities related to their participation in judicial decision-making remains to be implemented.

Additionally, Georgia has adopted a new National Counter-terrorism Strategy and Action Plan and actively cooperates with international organizations like Europol in counter-terrorism efforts.

According to the report: “High-level corruption remains an area to be addressed and in particular the challenge of large-scale vested interests and their influence in both the political, judicial and economic spheres. In February 2023, Georgia withdrew from the OECD anti-corruption monitoring network for Eastern Europe and Central Asia (OECD/CAN).”

The fight against organized crime in Georgia focuses on tackling cybercrime and drug trafficking towards the EU.

Georgia maintains strong cooperation with EU Member States, Europol, and other international bodies in various law enforcement activities, including those related to organized crime and counter-terrorism.

External relations and fundamental rights: In the Fifth Visa Suspension Mechanism Report, the Commission recommended that Georgia fully align to the procedure for appointing Supreme Court judges with the Venice Commission’s recommendations, and adopt and implement legislation on additional integrity checks and performance of Supreme Court judges.

The report says that Georgia has not fully implemented Venice Commission recommendations, ensuring candidates’ right of appeal in Supreme Court judge appointments. According to the report, the High Council of Justice needs to clarify binding Supreme Court decisions. Georgia has not started preparing legislation for additional integrity checks with international experts.

The Fifth Visa Suspension Mechanism Report recommended Georgia to maintain the independence of its Personal Data Protection Service (PDPS). A new data protection law was adopted in June 2023, aligning Georgia’s legislation with the EU acquis. However, issues like rules on international data transfers and certain exemptions/limitations remain to be addressed.

Recommendations

• Align Georgia’s visa policy with the EU’s list of visa-required third countries, in particular with regard to countries presenting irregular migration or security risks to the EU;
• Step up action to address the issue of unfounded asylum applications and irregular stays in Member States;
• Participate in the actions of the EMPACT Operational Action Plan on Migrant Smuggling;
• Set up an Asset Recovery Office and Asset Management Office, and to step up asset recovery efforts from asset tracing, freezing, management, confiscation and disposal;
• Adopt a new Anti-corruption strategy and Action plan, ensuring adequate resources for their implementation and pay special attention to investigation, prosecution, and adjudication of high-level corruption cases;
• Ensure that legislation on the Anti-Corruption Bureau, the Special Investigation Service and the Personal Data Protection Service address the recommendations from the Venice Commission.

Also Read:

• 10/07/2020 – European Commission on Georgia’s Fulfillment of Visa Liberalization Requirements
• 20/12/2018  – European Commission: Georgia Needs to Address Irregular Migration Challenges

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