Georgian Constitutional Court Refuses to Suspend Foreign Agents Law Operation
By Liza Mchedlidze
Thursday, October 10, 2024
On October 9, the Georgian Constitutional Court announced it will substantively consider parts of the appeals against the controversial Foreign Agents Law but declined the petitioners' request to suspend the law's validity while the case is reviewed. The decision follows lawsuits filed by President Salome Zourabichvili, 121 civil society and media organizations, opposition MPs, and two journalists, all merged into a single case. The preliminary hearings took place from August 29 to 31.
The Court ruled that the petitioners did not provide enough evidence to demonstrate that the organizations impacted by the law, which requires them to register as "foreign agents," would suffer significant reputational harm if the law continued to be enforced before a final ruling. The Court reasoned that if it later deems the law unconstitutional, the reputational damage would be reversed, returning the situation to its pre-law state.
The Court further noted that the Ministry of Justice has not yet begun monitoring any organizations under the law, nor have fines been issued, so there is no immediate threat to justify suspending the law's operation. Additionally, the Court found insufficient evidence that suspending the law was necessary to prevent harm to Georgia's EU integration process, which is enshrined in Article 78 of the Constitution.
The Court stated that even if the law was temporarily suspended, this would not create a legitimate expectation that it would ultimately be declared unconstitutional. It concluded that the applicant's argument about the law endangering Georgia's EU relations is tied more to its potential unconstitutionality than to the need for a temporary suspension.
Judges Giorgi Kverenchkhiladze and Teimuraz Tughushi dissented on the decision not to suspend the law, while Judge Eva Gotsiridze dissented on the Court's acceptance of constitutional complaints related to Article 78 of the Constitution. However, the dissenting opinions are not yet publicly available.
Non-governmental organizations swiftly condemned the Court's refusal to suspend the law. In a joint statement, they criticized the decision as lacking legal justification and ignoring the conclusions of both local and international legal experts. They described the ruling as a "betrayal of the Constitution" and accused the Court of failing to protect the democratic values of Georgia by bowing to the influence of the ruling Georgian Dream party.
"The Court had a historic opportunity to prevent the suspension of Georgia's European integration process and protect the confidentiality of citizens from government overreach," the statement read. "Instead, it chose to stand with the ruling party and failed to defend the Constitution."
Civil society groups pledged to continue their legal battle against the Foreign Agents Law both domestically and internationally, expressing confidence that with public support, the law would eventually be repealed.
