The Venice Commission issued an urgent opinion on Amendments to the Code of Administrative Offences and the Law on Assemblies and Demonstrations of Georgia.
According to the Commission, the analysis of the legislative process shows that the bills were adopted in a rushed manner, without the involvement of the relevant stakeholders.
Below is the report as delivered:
“This undermines the legitimacy of the amendments, particularly considering the broader political context of mass political rallies after controversial elections and the impact which they have on such political protest. There is no indication that any impact assessments were carried out to evaluate or justify the proportionality of the extensive amendments introduced in two stages. As a result, the law-making process can be regarded as fundamentally flawed.
The new rules introduced by the amendments contain a number of vague and broadly framed provisions, granting the authorities excessively broad discretion in their application. This undermines the foreseeability of the legal framework and impairs legal certainty in the exercise of fundamental freedoms. The lack of clarity in the legal framework increases the risk of abuse.
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 offences, appear excessive.
These measures are likely to have a chilling effect on the exercise of the freedoms of assembly and expression. The amendments to the CAO and the Assemblies Law, adopted in a rushed manner in December 2024 and February 2025, introduce numerous restrictions on freedom of assembly and other fundamental rights, which appear to be incompatible with the principles of lawfulness, necessity, and proportionality. It is therefore essential that the authorities revisit these amendments and undertake a proper law-making process, ensuring the meaningful involvement of all relevant stakeholders. A comprehensive impact assessment would help ensure that any restrictive measures remain strictly necessary and proportionate to the legitimate aims they seek to achieve.
In this context, the Venice Commission encourages the authorities to take into account the recommendations set out in this Opinion.In this regard, the Venice Commission puts forward the following key recommendations:
1. Reviewing the nature and severity of the sanctions that may be applied in the context of freedom of assembly and freedom of expression;
2. Introducing clear criteria in line with Article 5 § 1 of the ECHR for individualised assessments before administrative arrest is ordered;
3. Providing an effective remedy against administrative arrest and detention (as a preventive measure), ensuring timely review and adequate redress;
4. Defining specific elements to ensure a narrow meaning of the prohibition on laser and light-beam devices;
5. Clarifying and narrowing the ban on face coverings, specifying the conditions under which they are prohibited;
6. Defining precisely the scope of “clothing and attributes similar to police uniforms” to ensure a narrow meaning;
7. Providing a statutory procedure for the notification of spontaneous assemblies once they have commenced.”
The Venice Commission added that it remains at the disposal of the Parliamentary Assembly and of the Georgian authorities for further assistance in this matter.
