At the request of the Monitoring Committee of the Parliamentary Assembly of the Council of Europe, the Venice Commission, at its latest plenary session, adopted its Opinion on the Law of Georgia on registration of foreign agents (GEOFARA), the amendments to the Law on grants and other Laws relating to "foreign influence". The opinion was published today.
The Venice Commission has analysed these legislative acts through a systemic approach, in order to take into account the combined effect of simultaneously applicable laws on the same entities and individuals. In that context, the Commission recalled its earlier recommendation that where existing provisions of domestic legislation have proved to be insufficient to achieve a legitimate aim, the authorities should seek to amend and improve them, rather than adopting new laws.
The Commission observed that the lack of clarity and precision of GEOFARA undermines the principle of legal certainty. The obligations imposed by the law contain open-ended formulations and are disproportionate. According to the Commission, the Anti-Corruption Bureau in charge of enforcement of the law is entrusted with excessively wide discretion, and it lacks sufficient guarantees of independence. Regarding criminal liability foreseen by the law, the broadly framed provisions describing the offence permit loose interpretation and lack the requisite justification, while criminal sanctions fail to meet the standard of proportionality.
As regards the amendments to the Law on grants, the Commission observed that they introduced a general requirement of prior governmental approval for foreign grants, which lacked a demonstrated justification in terms of necessity and proportionality. The Commission noted, in particular, that the amendments provided no clear and objective criteria for refusal of grant applications and they lacked adequate safeguards.
The Commission noted with concern that instead of considering less intrusive alternatives, the amendments to the Law on broadcasting introduced a blanket ban on foreign funding for broadcasters without distinguishing between funding that genuinely threatens democratic integrity and funding that supports legitimate journalistic and civic activities, which fails the standards of necessity and proportionality.
In the Commission's view, this new legislative framework risks undermining the rule of law, civic space, and democratic freedoms. The Commission therefore recommended repealing these legislative acts and improving the already existing framework instead. It further called for future law-making in this field to follow a systemic and inclusive approach, ensuring its legitimacy and broad acceptability.
The Venice Commission remains open to dialogue with the authorities to address these shortcomings.
Anniversary of the foundation of the Venice Commission
Georgia and the Council of Europe
