GYLA Criticize New Legislative Amendments, Warns of Democratic Backslide

The Georgian Young Lawyers’ Association (GYLA) has strongly criticized recent legislative changes proposed by the ruling Georgian Dream party, warning that they could undermine democratic principles and roll back vital reforms aimed at ensuring fair representation and protecting citizens’ rights.

“On 11 December 2024, the 14th day of pro-European protests, under conditions of massive human rights violations in the country, the Georgian Dream initiated undemocratic and repressive amendments to several laws at once in the self-proclaimed parliament,” the statement says. GYLA adds that the amendments have been rushed through and pushed through through a simplified procedure. The amendments have already been adopted in the first reading, with the GD parliament likely to pass them before the end of the autumn session.

Electoral Legislation

In a statement, the GYLA accuses the GD of attempting to “tailor electoral legislation to narrow partisan interests” and argued that the changes were designed to give the ruling party an unfair advantage ahead of the 2025 local elections. According to the amendments, the watchdogs says, the majoritarian component in local government elections is increasing again and is returning to the 2017 level.

GYLA notes: “This is happening under the circumstances when, in the spring of 2024, a unilaterally adopted amendment abolished the minimum 40% electoral threshold for electing majoritarian members of the city council and the possibility of a second round. The candidate who receives the most valid votes of the voters participating in the elections held in the relevant majoritarian electoral district will be considered elected as a member of the city council.”

As a result of the amendments, from 2025, the ratio between members of the Sakrebulo elected under the proportional system and members elected under the majoritarian system will be 3/2 (instead of 4/1) in self-governing cities (except Tbilisi) and 1/1 (instead of 4/1) in Tbilisi. In the remaining municipalities, the number of members of the Sakrebulo elected on a proportional basis will be 15, and the majority members will be elected based on a relative majority (instead of 2/1), with no electoral threshold and thus no possibility of a second round. In addition, the threshold for members elected under the proportional system has been raised to 4% (instead of 3% and 2.5% in Tbilisi).

The GYLA argues that this proposal will reverse significant reforms that previously abolished the 40% electoral threshold and the second round of elections for majoritarian candidates. The watchdog warned that the new system would disproportionately benefit Georgia’s largest political factions and stifle competition.

Civil Service Law

The GYLA also took aim at amendments to the Civil Service Law, which have sparked a backlash from civil servants and the public, and are seen as the GD’s way of making it easier to dismiss unwanted civil servants. The amendments would remove a key provision that allows civil servants to be reassigned to equivalent or lower positions during government reorganizations. In addition, the amendments weaken judicial oversight by preventing dismissed workers from being reinstated by the courts, instead only granting them severance pay. The GYLA expressed concern that the reforms would give the heads of public institutions more power to change employees’ performance appraisals, opening the door to political interference in the civil service and eroding protections for civil servants.

Law on Police

Another significant concern raised by the watchdog involves amendments to the Law on Police, which would allow for non-competitive appointments to police ranks. While the changes are presented as a response to the militarization of certain police units, they grant the Minister of Internal Affairs broad authority to apply this non-competitive process across all police structures, raising fears of further politicization of the police force. GYLA highlights the growing trend of using police forces for political purposes, including violent crackdowns on protests, warning that the changes could facilitate the appointment of politically loyal officers at the expense of public trust and neutrality.

Law on Assembly and Manifestation

The GYLA also slammed amendments to the Law on Assembly and Manifestation that would prohibit demonstrators from wearing masks or using certain technical devices. The watchdog, citing various international human rights norms, argues that such a disproportionate blanket restriction violates the right to freedom of assembly and expression, especially in light of recent government crackdowns on peaceful protests. The law, GYLA says, would effectively intimidate demonstrators and stifle opposition voices, especially when the government has faced accusations of torture, unlawful detention, and inhumane treatment of protesters. A further erosion of civil liberties is seen in the proposed increase in fines for disrupting traffic or damaging public property, measures that have been actively enforced during recent protests. The GYLA criticizes these measures as part of a wider pattern of silencing dissent.

In addition, the failure of a parent or other legal representative of a child to bring up, educate or fulfil other duties towards a minor is added to the commission of an offense provided for in Article 173 of the same Code (disobeying a lawful order of a law enforcement officer). It is noteworthy that the police usually invoke Article 173 when they unjustifiably arrest demonstrators.

Law on the State Protection Special Service

Lastly, GYLA raised alarms over changes to the Law on the State Protection Special Service, which would make the continued protection of the President, Prime Minister, and Speaker of Parliament “dependent on the Constitutional Court establishing a violation of Article 48 [Impeachment] of the Constitution of Georgia.” The amendments are seen by GYLA as a targeted effort to undermine the independence of the presidency, particularly in light of recent tensions between Georgian President Salome Zurabishvili and the ruling party. GYLA warned that “this amendment clearly demonstrates the personification of the norms of the law” and is a direct attempt to consolidate power within the Georgian Dream and erode the institutional independence of the presidency.

Also Read:

• 10/12/2024 – PACE Rapporteurs Condemn Politically Motivated Arrests, Police Violence
• 10/12/2024 – GYLA Releases Results of Monitoring Criminal Cases Against Demonstrators
• 08/12/2024 – Brutal Attack on Opposition Members and TV Pirveli Crew as Repression Intensifies

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