The Council of Europe’s Venice Commission said in its decision that it is “unaware” of such powers in the hands of any relevant European regulatory authorities. The Venice Commission evaluates the amendments which have widened the regulatory powers of the Georgian National Communications Commission (GNCC) in July 2020.
According to the amended law “on Electronic Communication”, GNCC has a power to appoint special managers in the companies. The Venice Commission concluded that these changes have “far reaching consequences for the right to property and media freedom, as well as to the right of a fair trial.”
“It said that the powers of the special managers are “so vast and over-reaching that the only limitation seems to be the alienation of the shareholding, leaving the shareholders with no say in the decision-making structures or processes within the company”, the document reads.
The Communications Commission issued a statement that responds to the conclusion of the Venice Commission. Communications Commission writes:
“The opinion of the Venice Commission does not apply to all amendments that have been made to the Law on Electronic Communications in July 17, 2020. The conclusion of the Venice Commission only refers to the appointment of special managers in the companies, their powers and immediate enforcement of these decisions. The Venice Commission has not assessed the issue of immediate enforcement of other decisions, including appointment of a special administrator in the case of non-compliance of obligations by the authorized persons”, a latter of GNCC reads.
The Communications Commission considers that all its decisions should be subject to a single European standard, in particular, all decisions of the Commission should be suspended by the court and not based on the claim of any authorized person.
The GNCC notes, that the Commission is a regulatory body and the implementation of their decisions smoothly is particularly important for the proper development of the sector.
