The Constitutional Court (CC) of Georgia has started consideration of lawsuits against the law on foreign agents.
The appeals of:
Georgian President Salome Zurabishvili,
more than a hundred non-governmental organizations,
38 opposition members of the Georgian parliament,
two media organizations specializing in investigative journalism.
Simultaneously, on August 29, the fifth lawsuit against the law on foreign agents was filed with the Constitutional Court. It was filed by the Association of Law Firms of Georgia. So far the lawsuit has not been registered, and it is impossible to combine it with others. The court decided to discuss it additionally later, but without oral hearings.
All the plaintiffs believe that the law contradicts various provisions of the Georgian Constitution, “causes stigmatization of civil organizations and media, hinders their activities” and may eventually lead to their liquidation.
And the president's appeal concerns the article on Georgia's integration into the EU and NATO. It appeared in the main law of the country several years ago. So far, the court has never had to discuss its implementation.
The plaintiffs are also asking to suspend the law until a final decision is made.
“A session will be held today to discuss the disputed norms regarding constitutionally protected rights, and we will also have a discussion of the proposals that the parties have put forward at this stage,” CC judge Giorgi Tevdorashvili said in comments to reporters ahead of the session.
The case is being considered by the plenum of the Constitutional Court of Georgia. One of the nine members of the panel is absent for health reasons.
The President is represented at the session, among others, by politician Eka Beselia and former Deputy Ombudsman Giorgi Burjanadze. The opposition's arguments will be voiced by MPs Anna Natsvlishvili and Tamar Kordzaia. The NGO suit will be presented by former CC judges Ketevan Iremadze and Giorgi Davituli, while the media organizations will be represented by Mtisambebi.ge website editor Gela Mtivlishvili.
The defendant in the case is the Parliament of Georgia. According to Pirveli TV company, the positions of Georgian Dream were to be defended by MPs Henri Okhanashvili (head of the Legal Committee) and Tengiz Sharmanashvili. They are co-authors of the controversial law. The MPs did not appear at today's session. The lawyers of the parliamentary apparatus explained that they will show up if it becomes necessary.
It is also known that the Office of the Public Defender of Georgia will present its arguments in the status of “friend of the court”. The Ombudsman believes that the law should not work in its current form and it should be at least changed taking into account the recommendations of international partners.
The media calls the process historic.
“An issue of such importance as the one that will be discussed today has never been in the practice of the Constitutional Court before. Today the Constitutional Court will decide whether we will be on the list of undemocratic states such as Russia, Belarus, Bolivia, Ecuador, Cuba, Namibia, Venezuela, Cambodia, Uganda, China, India. If the Constitutional Court does not suspend this law, we will be on the list of such countries. I expect the judges of the Constitutional Court will not sacrifice their homeland to turn us into one of the failed and isolated countries. We have irrefutable evidence that this law contradicts the EU legislation,” Kordzaia told reporters before the meeting.
Georgia's Justice Ministry, meanwhile, has already launched the registration procedure in the register of organizations expressing the interests of foreign force for NGOs and media outlets with foreign grants. The stage of applying for registration will last until the end of August, after which those who abstain will be threatened with a 25,000 GEL fine.
The law provides for the creation of a special register and declares non-governmental and media organizations that receive foreign grants only on the basis of the fact of funding to be agents of foreign interests. It officially came into force on August 1.
Georgian President Salome Zurabishvili filed a lawsuit on July 15. In her opinion, the law, in particular, contradicts Article 78 of the Georgian Constitution, according to which all branches of government within their competence should do everything possible for the country's integration into the EU and NATO.
The EU has repeatedly warned that the draft law does not meet the recommendations for further advancement in the EU. Further developments led to Brussels announcing the suspension of Georgia's integration. At the same time, the US announced a complete review of relations with Georgia.
Reprinted from https://www.newsgeorgia.ge/
Comments