Georgia – annual report 2023

Details
Published: September 4, 2024

Strategic Framework

Legal Policy Starting Point

After Georgia was initially granted the prospect of EU accession in mid- 2022, it finally received the candidate status following a decision by the European Council in December 2023. In the course of granting the prospect of accession, the European Commission made twelve recommendations for reform. Two of those, namely ensuring an independent judiciary and effectively combating corruption, are central for IRZ’s cooperation with Georgia. The Georgian government has now initiated a number of reforms, such as the establishment of an anti-corruption authority. Critics initially considered the measures introduced to be insufficient. The EU Commission also made it clear in an oral statement in the summer of 2023 that it considered seven of the twelve recommendations to be “only partially implemented”. In addition to the implementation of necessary judicial reforms, this also concerns the reduction of political polarisation and the involvement of civil society in political decision-making processes.

Furthermore, in March 2023, the “Law on Transparency of Foreign Influence”, with which the Georgian government wanted to regulate the financing of NGOs from abroad, caused serious protests and criticism from the European Union, the USA, the opposition and civil society. They pointed to parallels with a similar law that was passed in Russia in 2012. Following major protests, the Georgian government initially withdrew the plan (also see “outlook”).

Overall Concept

In its cooperation with Georgia, IRZ is closely aligned with the twelve recommendations of the European Union. The focus lies on ensuring an independent judiciary, anti-corruption measures and overcoming political polarisation, as well as further training for judges and lawyers. IRZ implements these topics in cooperation with its long-standing partners. Special funds from the German Bundestag for the cooperation in 2023 were specifically used for the above-mentioned topics. As these special funds were also made available for cooperation with Ukraine and the Republic of Moldova with regard to EU rapprochement, IRZ was able to initiate trilateral formats. As part of the multi-year (2022–2025) work programme agreed between the Georgian Ministry of Justice and the Federal Ministry of Justice, currently IRZ in addition supports reforms in the penitentiary system, among other things, partnering with the Ministry of Justice of North Rhine-Westphalia.

Focus of Activity in 2023

Civil and Commercial Law

  • Advice to the Supreme Court on civil law issues from a German exper
  • Seminar for judges of the Supreme Court on the subject of architects‘ liability with references to European law
  • Seminar for Georgian lawyers on the subject of architects‘ liability with reference to European law in Tbilisi
  • Publication of the German-Georgian Journal of Comparative Law (DGZR)

Public Law

  • Georgian-German Legal Forum – sharing best practices on Georgia‘s path to the European Union in Tbilisi
  • VI Parliamentary Conference in cooperation with the German Bundestag with members of parliament from the Republic of Moldova and Georgia in Berlin
  • Expert discussion for judges of the Supreme Court of Georgia on selected issues of administrative and administrative procedural law with references to European law in Tbilisi
  • Training for lawyers on selected issues of administrative and administrative procedural law with references to European law in Tbilisi
  • Panel discussion on “Georgia‘s path to the EU – current challenges and solutions in ensuring an independent judiciary” in Tbilisi
  • Training in European law in cooperation with the Supreme Judicial School of Georgia in Tbilisi
  • Lecture on European law in cooperation with the Faculty of Law of the Tbilisi State University

Administration of Justice

  • Working visit to Lower Saxony and Berlin with participants from Ukraine, the Republic of Moldova and Georgia on the topic of “Independence of the judiciary and the Supreme Judicial Councils”
  • Training for employees of the Georgian Anti-Corruption Bureau on the preparation of legal opinions in Tbilisi

Criminal and Penitentiary Law

  • Study trip to North Rhine-Westphalia to combat corruption and money laundering and to strengthen special investigation services (with participants from Ukraine, the Republic of Moldova and Georgia)
  • Kick-off trip by the Minister of Justice of the State of North Rhine-Westphalia to Tbilisi for cooperation in the area of the penitentiary system
  • Seminars in Tbilisi on the topic of dynamic security in the prison system
  • Publication of the German-Georgian Criminal Law Journal (DGStZ)
  • Digital German-Georgian criminal law glossary

Project funded by the European Union

EU Technical Assistance Project “Advancing Reforms in the Justice Sector in Georgia”

Since October 2023, this EU project with a budget of almost 3.6 million Euros is being implemented in an international consortium led by the Belgian consulting firm DAI with the Georgian company Egeria Solutions as an additional junior partner. During the 36-month term of the project, the consortium will support the Ministry of Justice, the Ministry of Internal Affairs, the public prosecutor’s offices and other relevant law enforcement agencies in Georgia in the progress of reforms in the justice sector.

The project places a special focus on further strengthening the key Georgian institutions of the criminal justice sector with a view to implementing EU-related commitments, in particular the Association Agreement between the European Union and Georgia.

The project consists of four components:

The first component aims to optimise inter-agency coordination processes and methods in the field of criminal justice in Georgia. It also aims to improve the systems for collecting and analysing crime-related data and the procedures for developing evidence-based policies.

The second component focuses on strengthening the analytical and operational capabilities of investigative and prosecution services and introducing comprehensive intelligence-led and community-oriented policing.

The third component focuses on expanding and promoting measures to prevent and combat criminal offences against particularly vulnerable groups and children as well as gender-specific and domestic violence.

The fourth and final component supports the further development of the application of sanctions and non-custodial measures, the early release procedure and the restorative justice system in general. This includesthe development of specific training modules and relevant tools for practitioners as well as supporting the competent authorities in the further development and wider application of existing crime prevention and early release mechanisms and the introduction of new alternative sanctions and measures at all stages of the criminal justice process.

IRZ is involved in the project through the secondment of short-term experts, but in particular through its long-term expert and deputy team leader specialised in “Criminal prosecution and reforms of the criminal justice system”.

Outlook

In 2024, the twelve recommendations of the European Commission will continue to be focal point of the cooperation with Georgia given the country’s status as EU-candidate. In May 2024, however, the Georgian parliament finally passed the “Law on Transparency of Foreign Influence” – despite weeks of mass protests – thus enabling stricter controls on civil society. At the same time, the move jeopardizes further steps in the European Union accession process.

Particularly after the adoption of the law, IRZ is coordinating its further cooperation with Georgia closely with the Federal Ministry of Justice.