Venice Commission Urgent Opinion on Code of Administrative Offenses and Law on Assemblies and Demonstrations

The Venice Commission said the amendments to the Code of Administrative Offenses and Law on Assemblies and Demonstrations of Georgia need to be revisited and reviewed in a proper law-making process. The Commission said they “contain a number of vague and broadly framed provisions, granting the authorities excessively broad discretion in their application” and that the lack of clarity in the legal framework “increases the risk of abuse”.

The critical urgent opinion was issued on March 3, 2025 upon the request by Theodoros Rousopoulos, President of the Parliamentary Assembly of the Council of Europe.

The amendments were adopted by the Georgian Parliament on 13 December 2024 and 6 February 2025. The legislative amendments were adopted simultaneously in several laws, including the Law on Assemblies and Demonstrations, the Code of Administrative Offenses and the Criminal Code.

The amendments among other measures significantly increased the fines for administrative offenses such as petty hooliganism, verbal insults, swearing and other “offensive acts” against a police officer during the performance of his official duties; increased the period of administrative detention from 15 to 60 days; and criminalized the threat of attack or violence against political authority, state authority, and public officials. The amendments also imposed heavy fines for Covering one’s face with a mask or any other means during a protest, road blockages or using pyrotechnics.

CSOs, Public Defender Levan Ioseliani and President Salome Zurabishvili had criticized the amendments as posing a serious threat fundamental freedoms.

In analyzing the legislative process, the Commission’s opinion stressed that the bills were adopted in a rushed manner, without the involvement of the relevant stakeholders. This undermines the legitimacy of the amendments, particularly considering the broader political context of mass political rallies, the Commission stressed.

The vague and broadly framed provisions, granting the authorities excessively broad discretion in their application, undermine undermine the foreseeability of the legal framework and impair legal certainty in the exercise of fundamental freedoms, the opinion states.

Moreover, the necessity and proportionality of the introduction of various restrictive measures in the amendments have not been adequately justified. The new harsh custodial penalties, along with the substantial increase in fines for administrative offenses, appear excessive, the Commission said. It’s of the opinion that these measures are likely to have a chilling effect on the exercise of the freedoms of assembly and expression.

The Commission therefore considers that it is essential that the authorities revisit these amendments and undertake a proper law-making process. A comprehensive impact assessment would help ensure that any restrictive measures remain strictly necessary and proportionate to the legitimate aims they seek to achieve.

Key recommendations include the following: 

• Reviewing the nature and severity of the sanctions that may be applied in the context of freedom of assembly and freedom of expression;

• Introducing clear criteria in line with Article 5 § 1 of the ECHR for individualised assessments before administrative arrest is ordered;

• Providing an effective remedy against administrative arrest and detention and ensure timely review and adequate redress;

• Defining specific elements to ensure a narrow meaning of the new prohibition on laser and light-beam devices and specifying the conditions under which the wearing of face masks may be prohibited during public assemblies;

• Provide a statutory procedure for the notification of spontaneous assemblies once they have commenced.

Also Read:

• 06/02/2025 – GD Parliament Adopts Repressive Amendments in Third Reading
• 06/02/2025 – Watchdogs: Repressive Legislative Changes Announced by GD Threaten Fundamental Rights
• 23/01/2025 – CSOs Condemn Repressive Use of Fines Against Protesters in Georgia

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