GYLA Challenges FARA in Constitutional Court
The human rights watchdog, Georgian Young Lawyers’ Association (GYLA), and two independent media outlets filed a constitutional lawsuit to overturn the controversial Foreign Agents Registration Act (FARA) and suspend its provisions pending the court’s decision. FARA was adopted by the GD Parliament on April 1, and it will take effect by the end of the month.
FARA “violates Georgia’s Constitution and aims to silence, discredit, and persecute independent civil society organizations and media, including through the imposition of criminal liability,” GYLA’s statement reads.
Although the GD party claims the law is modeled on the U.S. Foreign Agents Registration Act (FARA) of 1938, the lawsuit argues that this comparison is misleading. Unlike its Georgian counterpart, U.S. FARA targets activities conducted on behalf of hostile foreign powers and does not apply to organizations that merely receive foreign funding. The statement cites U.S. court practices, arguing that receiving funding from a donor does not subject the recipient to the donor’s direction or control. In such cases, the recipient is not required to register as a foreign agent.
GYLA’s complaint stresses that even identically worded legislation can have fundamentally different effects depending on the broader legal and political context in which it is implemented. In Georgia’s case, the statement argues that the law grants sweeping authority to state institutions, including the Anti-Corruption Bureau, the Prosecutor’s Office, and the judiciary – all of which are under the effective control of Georgian Dream.
“We do not expect the Constitutional Court to act swiftly or in accordance with the Constitution; however, we believe that we should use all legal means to protect the rights granted by the Constitution,” the statement concludes.
Also Read:
- 04/03/2025 – Deeper Look | Foreign Agents Registration Act
- 02/04/2025 – EU: Adopted Laws Erode Foundations of Democracy in Georgia
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