On December 29, Georgian Dream’s elected President Mikheil Kavelashvili approved several legislative amendments on the day of his inauguration, immediately after being sworn. The amendments had been adopted by GD’s Parliament during the third reading on December 13 in an expedited manner. The changes in legislation have drawn strong criticism from non-governmental organizations, which say that the amendments undermine democratic principles and roll back vital reforms. They are set to take effect on December 30.
The changes pertain to the following laws:
- The Law of Georgia on Civil Service
- The Law on Assemblies and Manifestations
- The Law on Police
- The Code of Administrative Offenses
- The Election Code
The changes, include:
- Changes to the Structure of Public Institutions The amendments stipulate that the heads and deputy heads of primary structural units in public institutions will no longer be professional public servants. Instead, they will be individuals employed under administrative contracts.
- Simplified Reorganization Process The new regulations simplify the reorganization process, making it easier to use as a tool for political purges. The protections for public servants, including those provided through judicial mechanisms, have been weakened.
- Protests and Traffic Disruptions If drivers join a protest march and the police determine that traffic is disrupted, the driver will face a fine of 1,000 GEL and a one-year suspension of their driving license.
- Unauthorized Placement of Protest Materials Placing protest stencils, inscriptions, or posters that damage the city’s appearance without authorization will result in fines of up to 1,000 GEL.
- Preventive Detention: The new regulations allow preventive detention based on the assumption that an individual may reoffend, even if they haven’t committed an offense. A person detained under this assumption can be held for up to 48 hours. If they wish to challenge their detention, they must go through three levels of court, a lengthy process that may result in a compensation of up to 150 GEL.
- Road Blockages: If a protest blocks a road but the police determine there are insufficient participants to justify the blockage, all participants may be fined 5,000 GEL. If the most active participant is identified as an organizer, they may face a fine of 15,000 GEL. This rule applies to other violations under Georgia’s Law on Assemblies and Demonstrations, including blocking building entrances. Administrative detention of up to 15 days may be imposed instead of a fine.
- Pyrotechnics at Protests: Attending a protest with pyrotechnics, regardless of whether they are used, will result in a fine of 5,000 GEL. If deemed organized, the organizer may face a fine of 15,000 GEL. Administrative detention of up to 15 days may also apply instead of a fine.
- Laser Devices and High-Intensity Light: Possessing laser devices or other high-intensity light sources at a protest that could disrupt state officials’ activities or the functioning of their equipment will result in a fine of 2,000 GEL.
- Covering the Face During Protests: Covering one’s face with a mask or any other means during a protest will result in a fine of 2,000 GEL.
- Minors at Protests: If a minor is found to have committed an offense under Article 173 (non-compliance with lawful police demands) during a protest, the parent will be fined for inadequate upbringing, with penalties ranging from 100 to 300 GEL.
Changes to the Local Self-Government Election System
Furthermore, during 2024’s spring, GD unilaterally adopted the changes which abolished the 40% electoral threshold for electing majoritarian members of municipal councils and the possibility of holding a second round. The election code was again amended and signed by Kavelashvili, by which the electoral threshold for the proportional system has increased to 4%, up from 3% and 2.5% in Tbilisi.
Additional Amendments
In addition to the above legislation, the GD President signed into law a set of other amendments, including a provision allowing Georgian citizens who lost their citizenship due to acquiring another country’s citizenship to restore or retain Georgian citizenship by January 1, 2027. Finally, Kavelashvili signed into law amendments to the Law on the Special State Protection Service, which ensure the personal security of the President, Prime Minister, and Speaker of Parliament during their term of office and for one year after leaving office, unless their actions are deemed unconstitutional or criminal.
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