On May 28, Georgia’s ruling party overrode the President’s veto of the law “On Transparency of Foreign Influence” with 66 votes in favour and 0 against. The law was subsequently voted for with 84 votes in favour and 4 against amid widespread local protests. The law has triggered criticism abroad, the announcement of individual sanctions by the U.S., and warnings from the EU that the law would hinder Georgia’s European integration.
President's veto and reactions from national institutions
President Salome Zurabishvili announced on May 18 that she had vetoed the law “On Transparency of Foreign Influence”. She stated that: “This law cannot be improved and embellished, and it’s a very simple veto: this law must be withdrawn.”
On May 19, the Personal Data Protection Service of Georgia issued a statement highlighting significant shortcomings of the law in relation to personal data protection legislation. While the statement did not explicitly say the law contradicts personal data protection laws, it implied serious issues in this regard. The Personal Data Protection Service further noted that “it is appropriate to regulate the data processing processes […] through specific legal acts developed by the Ministry of Justice of Georgia,” implying – though not explicitly stating – that the law "On Transparency of Foreign Influence" , in its current form, does not meet the criteria set out by the law "On Personal Data Protection."
International statements condemning the law
On May 21, the Venice Commission of the Council of Europe issued an urgent opinion on the law , strongly recommending that it "be repealed in its current form." The Commission stated that "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." The Venice Commission emphasized that the law "will affect open, informed public debate, pluralism, and democracy."
On May 19, German Chancellor Olaf Scholz and French President Emmanuel Macron issued a joint statement in response to the adoption of the law where they state deep concern about the situation in Georgia.
Michael Roth, Chair of the Bundestag Foreign Affairs Committee commented: “President Salome Zurabishvili vetoed the „foreign agent law“. Let’s take the chance, dear Georgian Government. It’s not too late to choose Europa instead of Russia.”
Other high representatives such as UK Minister of State for Europe, President of the European Council, Foreign Ministers of Lithuania and Estonia also issued statements in support of Zurabishvili’s veto.
On May 23, U.S. Secretary of State Antony Blinken announced a visa restriction policy targeting individuals undermining democracy in Georgia. This policy, along with a Comprehensive Review of all US-Georgia cooperation, includes restrictions on those responsible for suppressing civil society and freedom of peaceful assembly through violence or intimidation.
Regardless the international concerns, the Parliament overrode the veto and in light of this development, several other institutions made condemning statements.
EU High Representative Joseph Borrell expressed the Union’s "deep regret" at the Georgian Parliament's decision to override the presidential veto and disregard the Venice Commission's recommendation to repeal the law. The statement highlights that the EU and its Member States are considering all options to react to these developments. It urges the Georgian authorities to reverse this trend and return firmly on the EU path, emphasizing that there is still time to change the dynamics but that this requires the government’s commitment.
The statement underlines the fact that the EU has repeatedly stressed that the law goes against EU core principles and values. It notes that the law’s adoption represents a regression on "at least three out of the nine steps" set by the European Commission for Georgia after the country was granted EU candidate status. Specifically, the steps on disinformation, polarisation, and fundamental rights and involvement of civil society organisations are mentioned. Thus, the statement asserts that the adoption of the law will have a negative impact on Georgia’s EU path.
A significant setback for Georgia's democratic aspirations
After overriding the presidential veto, Parliament Speaker Shalva Papuashvili signed the bill into law on June 3. The decision to override the presidential veto and disregard the Venice Commission's recommendations represents a significant setback for Georgia's democratic aspirations and its path towards European integration. The statements issued by key international figures and organisations underscore the severity of the situation and emphasize the need for Georgia to reconsider its course of action. The imposition of visa restrictions by the United States and the EU's consideration of potential reactions signal a clear message to the Georgian government regarding the consequences of its actions.
Georgian CSOs assert their commitment to leveraging both local and global avenues to obstruct the implementation of the law until it is unconditionally revoked. Currently, they are in the process of preparing a lawsuit to be filed in the Constitutional Court of Georgia. Should the Constitutional Court fail to act promptly and within constitutional bounds, alternative legal measures will be pursued. Concurrently, preparations are being made to lodge a complaint with the European Court of Human Rights at an opportune moment.
Moving forward, it is imperative for Georgian authorities to heed the calls for reversal and demonstrate a renewed commitment to upholding democratic principles, protecting fundamental rights, and fostering an environment conducive to civil society participation. Only through such measures can Georgia hope to regain the trust and support of its international partners and continue its journey towards European integration on a solid and sustainable foundation.