The Venice Commission of the Council of Europe has warned of risks to political pluralism and civil society in Georgia. In two opinions published on 13 October 2026, the experts identified concerns regarding legislation on foreign funding and restrictions on individuals associated with banned political parties. According to the Commission, the combined effect of these provisions could restrict political competition and civic engagement.

 

In opinions CDL-AD(2026)026 and CDL-AD(2026)027, the Commission examined two sets of amendments to Georgian legislation. The first concerns the regulation of foreign funding, while the second addresses the legal consequences for individuals associated with political parties banned by the Constitutional Court.

The experts emphasised that states have the right to regulate foreign funding and protect their democratic institutions. However, any restrictions must be clearly defined, necessary, and proportionate to the objectives pursued.

Foreign Funding and Criminal Liability

Opinion CDL-AD(2026)026 examines amendments adopted on 4 March 2026 to the Law on Grants, legislation governing citizens’ political associations, the Criminal Code, and other legal acts.

The amendments strengthen state control over foreign funding and expand restrictions on certain forms of civic and political activity. Some violations carry prison sentences of up to six years.

The Venice Commission expressed concern about the overly broad wording of the legislation, including definitions relating to grants, political activity, and representation of the interests of a foreign power. In the experts’ view, insufficient legal clarity could grant state authorities excessive discretion.

The Commission also questioned the proportionality of the criminal penalties. Under its approach, criminal law should be used as a last resort when less restrictive regulatory measures are insufficient. Legislation must establish clear grounds for criminal liability and provide the necessary procedural safeguards.

An Eight-Year Ban and Political Rights

Opinion CDL-AD(2026)027 concerns amendments dated 16 October 2025 to legislation governing political associations, the Constitutional Court, elections, and the Criminal Code.

The provisions under review introduce restrictions on individuals associated with political parties banned by the Constitutional Court. These restrictions may affect their ability to establish political parties, join them, lead them, participate in elections, and hold certain public or political offices.

The Venice Commission considers that banning a political party may be justified in exceptional circumstances. However, the restrictions associated with such a ban must be based on clear criteria and take individual conduct into account.

The experts warn that an insufficiently defined concept of association with a banned organisation creates a risk of arbitrary enforcement. If political rights are restricted without a comprehensive assessment of an individual’s actions, there is a danger of effectively punishing people for their affiliation with a particular political circle.

The Commission also drew attention to the potential impact of these measures on electoral competition, including cases in which candidates may be excluded from electoral lists or parliamentary mandates terminated.

Risks to Civil Society and the Opposition

One of the main conclusions of the two opinions is that the legislative changes must be assessed cumulatively.

Stronger controls on foreign funding, criminal penalties, and restrictions on individuals associated with banned parties may create a chilling effect. Organisations and individuals may refrain from lawful civic or political activity for fear of inspections and prosecution.

According to the Commission, these measures pose risks to democratic pluralism, freedom of association, and the ability of the political opposition to participate fully in public life.

What Is the Georgian Government’s Position?

Georgian officials have previously justified tighter controls on foreign funding by citing the need to increase transparency regarding donors’ activities and prevent what they describe as external interference in the country’s domestic political processes.

In particular, in a statement on 14 April 2025, Georgian Parliament Speaker Shalva Papuashvili spoke about the need to make funding sources transparent and address practices that the authorities associated with foreign influence.

However, this statement predates the new opinions and does not constitute a direct response to them. At the time of writing, a separate official reaction from the government or parliamentary majority specifically addressing the documents published on 13 October 2026 could not be confirmed.

The opinions themselves note that representatives of the government and parliamentary majority did not participate in the consultations scheduled during the preparation of the assessments. Nevertheless, the experts expressed their willingness to continue dialogue with the Georgian authorities.

Implications for Relations with Europe

Georgia was granted EU candidate status in December 2023. However, in 2024, the European Council stated that the actions of the Georgian authorities had effectively brought the accession process to a halt.

The Venice Commission’s new opinions increase scrutiny of the compatibility of Georgian legislation with European standards on democracy, the rule of law, and the protection of fundamental rights.

The opinions do not repeal national laws and are not judicial decisions. However, they constitute expert assessments of the legislation’s compliance with European standards and include recommendations for its revision.

The key question now is whether the Georgian authorities are prepared to revise the contested provisions and resume substantive dialogue with European institutions. The answer will affect not only the future of the specific restrictions but also the further development of Georgia’s relations with its European partners.

Journalist
Marine KHARATYAN

#GEORGIA

#EU

15.10.2026 02:36