Venice Commission: March 2026 Laws Contradict Democracy Standards

The Venice Commission assessed amendments to the law on grants in Georgia, the organic law on political associations of citizens, the Criminal Code and related legislation. According to the Commission's opinion, these laws contradict international standards of pluralism and democracy.

The opinion concerns amendments adopted by Parliament on March 4, 2026. On their basis, failure to recognize constitutional bodies, violation of the law on grants, political activity of a business entity, failure of parties to submit declarations, and other actions became punishable under criminal law.

The Venice Commission writes that the laws "contradict international standards on pluralism and democracy. Instead of protecting Georgia's sovereignty, its constitutional system and political parties from foreign influence and external interference, the adopted legislation creates a risk of serious harm to them".

According to the Commission, the March 2026 amendments are a continuation of legislative changes carried out since 2023, therefore their impact must be assessed through the cumulative and systemic effects of the entire legislative framework. If necessary, attention should also be paid to the amendments to the law on grants adopted on April 15 and June 25, 2026. The Commission explains that the opinion does not cover a full assessment of all legislation regulating political parties and elections, and that the absence of consideration of individual provisions of the March 4 amendments does not mean that the Commission agrees with them.

According to the Venice Commission's 2025 opinion, the legal framework that existed before posed a threat to the rule of law, civil space and democratic freedoms. At that time, the Commission recommended repealing restrictive acts and improving the legal framework. In its assessment, the March 4 amendments do not respond to these concerns. On the contrary, they strengthen government control, expand the scope of restrictions and increase monitoring powers and criminal sanctions.

The Commission considers that under conditions of preliminary state control, broad monitoring, investigation, criminal prosecution and the threat of imprisonment, individuals and organizations may refrain from lawful activity protected by law and the European Convention on Human Rights. Such an environment threatens freedom of association and expression, as well as the right to political participation. According to the Commission, restrictions act not only through direct prohibitions but also by creating an environment in which risks related to civil activity push people to refrain from being active.

The Venice Commission strongly advises the government to review the use of criminal sanctions for violations of procedures and obligations provided by the law on grants. This concerns the broadly defined concept of "political issues related to Georgia", the activities of foreign legal entities, and transactions considered to be carried out bypassing the grant regime. According to the Commission's recommendation, responses to such cases should be made only through administrative means and with adequate procedural guarantees. If the government nevertheless retains criminal sanctions, they should apply only to strictly necessary and proportionate cases, and both the conduct triggering the sanction and the sanctions themselves should be precisely defined.

According to the Commission's assessment, the current legal framework lacks clarity and foreseeability. Concepts such as "grant", activity "related to political issues", "organization serving the interests of a foreign power", "person with a party political aim", "creating a perception of illegitimacy" and "damaging the interests of the state" are defined too broadly and imprecisely. This creates uncertainty about the circle of persons subject to restrictions and gives the government excessive discretionary powers. The Commission calls for these concepts to be clarified and given narrow, clear definitions.

The Commission stresses that in the future the legislative process must be sufficiently inclusive so that legislation is legitimate and acceptable to society. According to its recommendation, lawmaking should be based on discussion and deliberation, and accelerated procedures should be an exception. All relevant actors should have the opportunity to participate in the process and express their views.

According to the Commission's assessment, the legislation under consideration does not serve the purpose of protecting Georgia's sovereignty and political parties from foreign influence and external interference, but imposes disproportionate and unnecessary restrictions on citizens' fundamental rights and political freedoms. The Commission particularly highlights freedoms of association and expression and considers that the legislation hinders the formation and survival of the political opposition.

In reaching its opinion, the Commission takes into account the cumulative and systemic impact of the legislative framework of March 4, 2026, including amendments that entered the organic law on political associations of citizens and related laws on October 16, 2025, which were assessed in a separate opinion of the Venice Commission.

The Venice Commission expresses regret that the Georgian government did not express a willingness to cooperate with it during the preparation of the opinion. Nevertheless, the Commission remains open to dialogue.