Georgian Dream's President Mikheil Kavelashvili Signs Controversial Legislative Amendments
By Liza Mchedlidze
Tuesday, December 31, 2024
Mikheil Kavelashvili, elected President under the Georgian Dream (GD) party, approved a series of legislative amendments immediately following his inauguration. The amendments, which had been adopted by GD's Parliament during the third reading on December 13, passed through the legislature in an expedited manner. These changes, which will take effect on December 30, have drawn strong criticism from non-governmental organizations (NGOs) who argue that they undermine democratic principles and reverse crucial reforms in Georgia.
The amendments encompass several key laws, including the Law of Georgia on Public Service, the Law on Assemblies and Manifestations, the Law on Police, the Code of Administrative Offenses, and the Election Code. Below is a breakdown of the major changes:
Changes to Public Service and Political Purges
The amendments make significant alterations to public service regulations. The most notable change is that heads and deputy heads of primary structural units in public institutions will no longer be professional public servants. Instead, these positions will be filled by individuals employed under administrative contracts. Critics argue that this move weakens the professionalism and independence of public institutions.
Additionally, the amendments simplify the reorganization process within public institutions, which could be used as a tool for political purges. Previously, public servants had legal protections, including those offered through judicial mechanisms, but the new regulations reduce these safeguards, increasing the vulnerability of public sector employees to political pressure.
Restrictions on Protests and Increased Penalties
The amendments also introduce stricter regulations on public protests. Among the most controversial provisions is the imposition of a fine of 1,000 GEL and a one-year driving license suspension for individuals who participate in protest marches that disrupt traffic, as determined by the police.
The laws also impose heavy fines for placing protest materials, such as stencils, inscriptions, or posters that damage the city's appearance, with fines reaching up to 1,000 GEL. Another significant change is the introduction of preventive detention. Individuals can now be detained for up to 48 hours based on the assumption that they might commit an offense, even without any criminal act occurring. Contesting this detention requires navigating a complex, multi-level court system, with compensation capped at 150 GEL.
Furthermore, if a protest blocks a road but is deemed insufficiently attended to justify the disruption, participants face fines of 5,000 GEL, and the organizer could be fined up to 15,000 GEL. The same penalties apply to violations such as blocking building entrances, with the option of administrative detention of up to 15 days. Other provisions target the use of pyrotechnics at protests, with fines for possessing such devices, even if not used, and penalties for organizers.
Additional provisions include fines for possessing laser devices or high-intensity light sources that interfere with state officials' activities during protests, as well as a fine of 2,000 GEL for covering one's face with a mask at a protest. Minors involved in protest-related offenses will result in fines for parents, ranging from 100 to 300 GEL.
Changes to the Election Code
In a separate set of amendments, the Georgian Dream-led Parliament unilaterally abolished the 40% electoral threshold for electing majoritarian members of municipal councils and removed the possibility of a second round in local elections. These changes, signed by Kavelashvili, also increased the electoral threshold for the proportional system from 3% to 4%, up from 2.5% in Tbilisi. The changes have raised concerns that they could further consolidate power within the GD party and limit democratic competition.
Additional Amendments
Beyond the aforementioned legislative changes, President Kavelashvili also signed into law amendments that will allow Georgian citizens who lost their citizenship due to acquiring another country's citizenship to restore or retain Georgian citizenship by January 1, 2027. Additionally, the Law on the Special State Protection Service was amended to ensure the personal security of the President, Prime Minister, and Speaker of Parliament throughout their term in office and for one year after leaving office, unless their actions are deemed unconstitutional or criminal.
