Georgia: EU and Venice Commission do not recommend to adopt current draft law on de-oligarchisation

The European Union has supported the recommendations of the Venice Commission not to accept the draft law on de-oligarchisation submitted earlier by Georgia for assessment by the Commission.

In its opinion published on 12 June, the Venice Commission notes that the proposed law’s “personal measures” “could appear to be justified, as a measure of last resort, on a temporary and exceptional basis, and as a supplement, not an alternative, to the anti-oligarchic influence system”. However, it should not replace systemic measures that present “the most efficient manner to prevent and limit oligarchic influence in a democratic country”. 

“This is the great paradox of de-oligarchisation laws in the form they are currently proposed: if the administration and the judiciary are strong and independent enough to support the implementation of “personal measures” of the kind described, then such measures are no longer needed because the preconditions are met to deploy a much more systematic and effective strategy,” says the Commission. “If conversely the administration and judiciary are “captured” by the interests that the “personal measures” intend to fight, then such measures are either ineffective or – having to be adopted through executive acts that are not fully subject to effective judicial control – profoundly dangerous for human rights, democracy and the rule of law.” 

For its part, the EU says it is ready to support the Georgian authorities “to find a better way forward with a systemic approach”. 

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Press release