Venice Commission Urges Georgia to Revisit Recent Amendments on Public Assembly Laws
By Liza Mchedlidze
Tuesday, March 4, 2025
The Venice Commission has called for the Georgian government to revisit amendments made to the Code of Administrative Offenses and the Law on Assemblies and Demonstrations. In its critical opinion, issued on March 3, 2025, the Commission warned that these amendments include vague and broadly framed provisions, which grant excessive discretion to authorities in their application. This lack of clarity, the Commission noted, significantly raises the risk of misuse and undermines the protection of fundamental freedoms.
The opinion was requested by Theodoros Rousopoulos, President of the Parliamentary Assembly of the Council of Europe. The amendments in question were passed by the Georgian Parliament on December 13, 2024, and February 6, 2025, simultaneously affecting several laws, including the Code of Administrative Offenses, the Law on Assemblies and Demonstrations, and the Criminal Code.
Among the key changes, the amendments notably increase fines for administrative offenses, including petty hooliganism, verbal insults, swearing, and other "offensive acts" against police officers during the performance of their official duties. Additionally, the amendments extend the period of administrative detention from 15 to 60 days and criminalize threats of violence or attack against political authority, state authority, and public officials. They also impose heavy fines for actions such as covering one's face with a mask during protests, blocking roads, or using pyrotechnics.
These changes have faced significant criticism from civil society organizations (CSOs), Georgia's Public Defender Levan Ioseliani, and the country's fifth President, Salome Zourabichvili, who all argue that the amendments threaten fundamental freedoms.
In its analysis, the Venice Commission pointed out that the legislative process behind these amendments was rushed, with little to no involvement from relevant stakeholders. This process, the Commission stated, undermines the legitimacy of the amendments, especially given the broader political context of mass political rallies. The Commission stressed that this lack of consultation with civil society and political actors further casts doubt on the amendments' validity.
The opinion stressed that the vague provisions, granting authorities broad discretion, compromise the foreseeability of the legal framework and impair legal certainty in exercising fundamental rights. Furthermore, the necessity and proportionality of the restrictive measures introduced in the amendments were not adequately justified. The Commission expressed concern that the increased custodial penalties and fines could have a chilling effect on the freedoms of assembly and expression.
The Venice Commission strongly recommended that the Georgian authorities revisit these amendments and engage in a more thorough law-making process. It suggested that a comprehensive impact assessment be carried out to ensure that any restrictive measures are strictly necessary and proportionate to the legitimate objectives they aim to achieve.
Key recommendations from the Commission include:
- Reviewing the nature and severity of sanctions related to the freedoms of assembly and expression;
- Introducing clear criteria for individualized assessments before administrative arrests are made, in line with Article 5 § 1 of the European Convention on Human Rights (ECHR);
- Ensuring an effective remedy against administrative arrests and detention, with timely reviews and adequate redress;
- Defining specific elements of the new prohibition on laser and light-beam devices, and specifying the conditions under which face masks may be banned during public assemblies;
- Establishing a statutory procedure for the notification of spontaneous assemblies once they have commenced.
