
GYLA Slams GD’s New Diplomatic Service Regulations
On January 31, the Georgian Young Lawyers’ Association (GYLA) issued a critical assessment of alleged changes to diplomatic service regulations introduced by GD Foreign Minister Maka Botchorishvili through Order №01-74. The order, which the watchdog said is inconsistent with the Law of Georgia “On Diplomatic Service”, worsened the legal status of persons employed in diplomatic positions. Moreover, the substantive changes lead to the complete subordination of the diplomatic service to the interests of the party, the GYLA said.
According to GYLA, the amendments extend administrative contracts to high-ranking diplomatic officials, including General Directors of the General Directorate, Department Directors, Deputy Department Directors, and the Head of the Minister’s Secretariat. However, under the Law on Diplomatic Service, these officials are not classified as administrative contract employees.
The watchdog wrote that the amendments entered into force on January 28, 2025, while the order on the official legislative portal (Matsne) is mistakenly dated November 28, 2025, “creating legal ambiguity.”
GYLA explains that the legal framework governing Georgia’s diplomatic service, employment relations, and the legal status of diplomatic personnel is defined by the Law on Diplomatic Service, takes precedence over the Law on Civil Service [That principle in international law is known as lex specialis, a Latin term, meaning that special law repeals general laws].
The law on Diplomatic Service clearly outlines the criteria for administrative contract employment and explicitly states that individuals employed under administrative contracts cannot hold positions designated for diplomatic officials, administrative personnel, or technical personnel.
“The amendments to the rules approved by the Minister’s order fail to even meet the requirements of formal legality,” GYLA stated.
Alleged Subordination of Diplomatic Service to Party Interests
Beyond the legal concerns, the GYLA argues that the changes effectively subject Georgia’s diplomatic service to partisan influence. The new rules allow for the termination of diplomats’ contracts when a Minister’s term expires, a measure the organization describes as a tool of political discrimination.
According to the report, “This change contradicts the Constitutional Court of Georgia’s decision from October 17, 2017, in the case of Oleg Latsabidze vs. the Parliament of Georgia (Latsabidze case),” which stated that the replacement of professional public servants should not be contingent on political transitions.”
The amendments also introduce provisions allowing contract termination with just one month’s notice, a regulation that GYLA notes was previously ruled unconstitutional in the above-mentioned case.
Watchdogs Concerned Over Ongoing Repression Against Civil Servants
GYLA contends that the changes in the law are part of a broader effort to suppress dissent within the public sector, particularly following the halting of Georgia’s EU accession negotiations. The organization notes that since November 28, 2024, public servants who voiced criticism of government policies have reportedly faced increased pressure, including direct and indirect threats of dismissal.
Another local watchdog ISFED also assessed the threats of dismissal of the civil servant as an attempt to purge the contrasted voices from the state structures. On January 10, the organization released a statement and claimed that more than 50 civil servants in Georgia had been dismissed since the start of pro-EU protests in Georgia and announced that it would file a joint lawsuit with the independent Trade Union of Civil Servants.
Since late December, dozens of employees have been dismissed from various state agencies and institutions, including the National Agency for Public Registry, the Public Service Hall, the Parliament, the Government Administration, and Tbilisi City Hall. Many report being dismissed under the pretext of contract termination but suspect this justification serves as a legal cover for their removal.
“It is no coincidence that employees of the Ministry of Foreign Affairs were among the first public servants to openly condemn the government’s actions, and now they are among the first to be targeted,” GYLA asserts. “It is noteworthy that employees of the Ministry of Foreign Affairs were among the first public servants to openly condemn the ongoing events, which led to direct or indirect threats of dismissal and calls for resignation from representatives of the ‘Georgian Dream’” the watchdog noted.
Constitutional Implications
GYLA highlights that the amendments introduced by the Ministry not only contravene the Law on Diplomatic Service but also disregard past rulings by the Constitutional Court. By altering the legal status of diplomatic officials retroactively, the changes further erode the stability and impartiality of Georgia’s civil service.
“The new provisions disrupt the very foundation of professional public service by making officials vulnerable to arbitrary dismissals,” GYLA stated, warning that these provisions contradict fundamental democratic principles and weaken institutional integrity.
“Disclose whether the regulation provided by Order №01-74 of January 27, 2025, which is inconsistent with the Law of Georgia on Diplomatic Service, has been applied to legal relations arising since January 1, 2025,” GYLA urged the GD’s Foreign Minister.
As of now, the Ministry has not responded to GYLA, the news will be updated in case of any comments.
Preceding the changes in the Law on Diplomatic Service, GD President Mikheil Kavelashvili made amendments to the Law of Georgia on Civil Service, making it easier to dismiss civil servants and limiting the possibility of appeal.
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