EC Report: Urgent Steps Needed to Avoid Activation of Visa Liberalizaiton Suspension Mechanism

The European Commission’s Seventh Report to the European Parliament and the Council under the Visa Suspension Mechanism issued on December 7 says that in the light of recent developments in Georgia, consideration is being given to the possible activation of the visa suspension mechanism for certain categories of persons and that “Georgia needs to take further urgent action to address the Commission’s recommendations” to avoid the possible activation of the suspension mechanism.

Benchmarks’ Implementation

The Report looks at various benchmarks relevant in the visa liberalization regime context, such as visa policy alignment, document security, integrated border management, migration management and asylum, monitoring trends in irregular migration, public order and security and external relations and fundamental rights.

While the report notes the implementation of some technical benchmarks such as document security and integrated border management, migration management, asylum, it is critical regarding the areas such as visa policy alignment and external relations and fundamental rights.

On visa policy alignment the report says that “Georgia made no progress towards further visa policy alignment.” The report says, that “on the contrary, with the signature of the visa waiver agreement with China in April 2024 the divergence with the EU visa policy increased.” The reports reads: “Georgia claims that, since it does not share any direct land border with the EU, its lack of visa policy alignment does not pose a risk for the EU in terms of irregular migration or security. However, the Commission recalls that visa policy alignment is a key objective for all countries in the EU’s neighborhood and with EU membership goals. Therefore, the Commission expects Georgia to make progress on visa policy alignment.”

The external relations and fundamental rights benchmark is even more critical, saying that “in the reporting period, Georgia adopted legislation whose application undermines fundamental rights.” The report cites the law “On transparency of foreign influence” adopted in May 2024, and the adoption of the legislative package on ‘family values and protection of minors’ in September 2024 saying these laws “undermines the overall legal framework for upholding fundamental rights” and “infringe upon human rights and fundamental freedoms, in particular the rights to freedom of association, expression, and privacy.”  

The report further notes that the 2024-2026 action plan for the implementation of the Human Rights strategy was adopted following a limited consultation process and does not include provisions concerning LGBTIQ people and the protection of privacy, only partially addressing freedom of religion or belief. EC notes that “significant gaps in the strategic framework as regards the protection of minority rights including representation of minorities remain to be addressed.”

The report notes the European Council’s conclusions of 17 October 2024 reaffirming that Georgia’s accession process is halted and calling on the Georgian authorities to adopt democratic, comprehensive and sustainable reforms, in line with the core principles of European integration.

The Commission says it will “closely monitor the implementation of the Law on ‘transparency of foreign influence’ and the legislative package on “family values and protection of minors” given that “compliance with fundamental rights, including effective implementation and policies on anti-discrimination, are specific requirements based on which Georgia was granted visa liberalisation.”

The report also notes that “key Venice Commission recommendations regarding institutional independence, impartiality and powers of the Personal Data Protection Service remain outstanding.”

The Recommendation by the European Commission:

This part of the report notes that taking into account recent developments in Georgia, there are ongoing reflections on the possible activation of the visa suspension mechanism in relation to certain categories of persons.

The European Commission says that in order to continue to meet all the benchmarks for visa liberalization and to avoid the possible activation of the suspension mechanism, Georgia needs to take further urgent steps to address the Commission’s recommendations.

Some of these are:

• Ensure and uphold the protection of fundamental rights of all Georgian citizens, including the freedoms of association, assembly and expression, the right to privacy, the right to participate in public affairs, as well as the prohibition of discrimination. The recommendation specifically point to the Foreign Agents’ and anti-LGBT laws mentioned above.
• Avoid and repeal any legislation that may restrict fundamental rights and freedoms, go against the principle of non-discrimination and contradict relevant European and international standards. 
• Align Georgia’s visa policy with the EU list of visa-required third countries, in particular with regard to countries presenting irregular migration or security risks to the EU. 
• Set up an Asset Recovery Office and Asset Management Office, and continue efforts in 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.
• Amend the Law on Anti-Corruption Bureau to address key Venice Commission recommendations, particularly those pertaining to the Anti-Corruption Bureau’s effective independence, political neutrality and functions.
• Align the Law on Personal Data Protection with the EU acquis.
  

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