ვითაცეების ამოჭრილი ციტირებები როგორც წესი ###ობაა
ასგერ დასკვნითი ნაწილი და გაეცანით:
94. At the request of the Parliamentary Assembly of the Council of Europe, the Venice
Commission has assessed the Law of Georgia on Transparency of Foreign Influence through its
urgent procedure. The Venice Commission regrets that the Georgian parliament did not wait for its
opinion before adopting the law, despite the calls by the President of the Parliamentary Assembly
and by the Secretary General of the Council of Europe.
95. The Venice Commission regrets at the outset that this Law, which is human-rights sensitive
but is also highly controversial in Georgian society, as is demonstrated by the massive reactions
in the country, was adopted in a procedure which left no space for genuine discussion and
meaningful consultation, in open disregard for the concerns of large parts of the Georgian people.
This is all the more unfortunate as the reactions to a similar draft law in 2023 had shown the
polarization regarding its adoption and there was thus an obvious and demonstrable need to carry
out meaningful consultations with the stakeholders affected by the Law, notably civil society
organisations, online media outlets and broadcasters. This manner of proceeding does not meet
the European requirements of democratic law-making.
96. The Venice Commission has analysed the compatibility of the Law with the applicable
international and European standards, based on principles developed in its numerous previous
opinions on a similar matter. It concludes that the restrictions set by the Law to the rights to freedom
of expression, freedom of association and privacy are incompatible with the strict test set out in
Articles 8(2), 10(2), and 11(2) of the ECHR and Article 17(2), 19(2) and 22(2) of the ICCPR as they
do not meet the requirements of legality, legitimacy, necessity in a democratic society and
proportionality, as well as with the principle of non-discrimination set out in Article 14 of the ECHR.
97. Being designated as an entity pursuing the interests of a foreign power under the Law has
serious implications as it undermines both the financial stability and credibility of the organisations
targeted as well as their operations. The combined impact of burdensome registration and reporting
requirements (including disclosure of financial information), which limit access to funding options
for stigmatised associations, along with severe administrative fines they may incur, constant
surveillance, will with no doubt complicate and threaten the effective operation and existence of
the organisations concerned. The persistent and stigmatising obstacles concentrated in the hands
of the state create a chilling effect.
98. The Law, under the alleged aim of ensuring transparency, has the objective effect of risking
the stigmatising, silencing and eventually elimination of associations and media which receive even
a low part of their funds from abroad. A strong risk is created that the associations and media which
come to be affected will be those who are critical of the government, so that their removal would
adversely affect open, informed public debate, pluralism and democracy.
99. The Venice Commission strongly recommends that the Georgian authorities abandon the
special regime of registration, reporting and public disclosure requirements for civil society
organisations, online media and broadcasters receiving foreign support, including the
administrative sanctions. While the existing Georgian legislation already contains provisions
requiring organisations concerned by the Law to register and report, including on their sources of
funding, no convincing explanation has been given on why the existing obligations would be
insufficient for the purpose of ensuring transparency. In case the existing provisions proved
insufficient, the Georgian authorities should consider amending the existing laws in compliance
with European and international standards. In particular, genuine representation (lobbying)
activities on behalf of foreign countries could be regulated in line with European standards, should
the current legislation not be adequate.
100. In conclusion, the Venice Commission strongly recommends repealing the Law in its current
form, as its fundamental flaws will involve significant negative consequences for the freedoms of
association and expression, the right to privacy, the right to participate in public affairs as well as
the prohibition of discrimination. Ultimately, this will affect open, informed public debate, pluralism
and democracy.
101. The Venice Commission remains at the disposal of the Georgian authorities and of the
Parliamentary Assembly for further assistance in this regard.
სრული დასკვნა
https://www.venice.coe.int/webforms/documen...L-PI(2024)013-e 
· 
განყოფილების ზოგადი თემა, call of spring
