There are significant questions about the constitutionality of the fines used for violating Covid-19 restrictions. However, a recent change in the law on wearing a mask has posed a completely different problem for the constitutionality and legality of fines, IDFI said in a statement.
The fact is that on November 3, the Georgian government released information that it is mandatory to use a mask in open spaces. On the same day, a government decree was published in the Legislative Herald of Georgia, making it mandatory to wear a mask in and out of open public space. According to the decree, violation of this rule leads to administrative liability. "Georgian Parliament has considered a separate violation for wearing a mask, which clearly states that Article 42.11 of the Code of Administrative Offenses of Georgia does not require wearing a mask in the open and does not allow the Georgian government to expand the content of the prohibited act.
More specifically, the Parliament of Georgia considered it a violation of the law to wear a mask while traveling in "closed public space," "public transport," and "taxi." Based on this article, the government may specify only technical details, such as a mask, how a person should wear it, in what case it should be worn in a closed public space, and so on. The Government of Georgia has exceeded its authority. In particular, it used exclusively the legal basis for adopting this change as a norm, which gives it the authority to temporarily regulate the issue if it is not regulated by a legislative act (law).
As mentioned above, the Code of Administrative Offenses already regulates wearing a mask and even establishes the obligation to use it. In fact, the executive government has amended the Code of Administrative Offenses' specific wording, which should not be considered a temporary regulation of an unresolved issue. Such an interpretation of the law, especially concerning the norms of liability, poses a significant threat to the rule of law, legal certainty, and several fundamental rights. The Government of Georgia has artificially increased its authority and grossly invaded the Georgian legislature's exclusive competence. "Such an action sets a precedent that threatens democratic governance and violates both the Constitution of Georgia and the requirements of legislation," IDFI said in a statement.
