Georgia – annual report 2024

Strategic Framework

Legal Policy Starting Point

After Georgia was initially granted EU candidate status at the end of 2023, Georgia’s relationship with its Western partners deteriorated following the adoption of several laws that the EU considered to be a step backwards on the path to EU membership. In particular, the adoption of the “Law on Transparency of Foreign Influence” sparked strong protests from the EU, but also from Georgian civil society. The European Council subsequently declared that this development would lead to a de facto suspension of the accession process.

Despite this, the government continued its course, which was widely perceived as anti-European. Parliamentary elections were held in late October 2024, in which the previous ruling party retained its majority according to official figures. The election was accompanied by national protests and international accusations of election tampering and fraud, leading the opposition to reject the results. These protests intensified further when the ruling party announced that it would not be pursuing EU accession until 2028 for the time being.

Overall Concept

Cooperation with Georgia aligns with the positions of both the EU and the German Federal Government. In light of the developments described above, IRZ, in close consultation with the BMJV, has suspended its cooperation with state institutions and the judiciary since June 2024 until further notice. Consequently, activities in partnership with state institutions and the judiciary were conducted only in the first half of 2024, focusing largely on implementing EU Commission recommendations, particularly in combating corruption and strengthening the independence of the judiciary. At the same time, cooperation with lawyers’ associations and civil society was strengthened and expanded. The cooperation focuses on the continuous training and professionalization of the legal profession as well as the support of various legal actors in their effort to reform the Law on Administrative Offences, which is in urgent need of reform.

Developments in the judicial field are also critically accompanied by the esteemed German-Georgian Journal of Comparative Law (DGZR), which is financed by IRZ.

For 2024, special funds from the German Bundestag were again allocated for cooperation with Georgia, Ukraine and the Republic of Moldova, which were specifically directed towards the aforementioned thematic areas.

Focus of Activity in 2024

Civil und Commercial Law

  • Promotion of the publication of the German-Georgian Journal of ­Comparative Law (DGZR)
  • Participation of Georgian lawyers in the Internship programme for lawyers in Germany

Public Law

  • Development of guidelines on compliance with ECtHR decisions for the Georgian judiciary in cooperation with the Georgian Young Lawyers’ Association (GYLA), a non-governmental legal organisation

Administration of Justice

  • Expert exchange between Members of the German Bundestag’s Committee on Legal Affairs and members of the High Council of Justice on the topic of “Selection and appointment of judges and the structure and tasks of the High Council of Justice” in February 2024 in Tbilisi
  • Study visit to Munich on the concept of lawyer specialisation in cooperation with the Georgian Bar Association and the German Federal Bar

Criminal and Penitentiary Law

  • Study visit to North Rhine-Westphalia on the topic of “Modernising the Georgian penitentiary system and establishing and consolidating European standards”
  • Online training on the topic of “cybercrime”
  • Training on “Fighting corruption” in cooperation with the General Prosecutors’ Office of Georgia in Tbilisi
  • Publication of the digital German-Georgian criminal law glossary

Basic and Further Training

  • Training for lawyers in administrative law and administrative procedure law in cooperation with the Georgian Bar Association in Tbilisi
  • Training for lawyers in tax law in cooperation with the Georgian Bar Association in Tbilisi
  • Training for lawyers on modern legislation concerning administrative offences within the context of the EU integration process in cooperation with the Georgian Bar Association in Tbilisi
  • Study visit to Hamburg for members of the Georgian Lawyers for Independent Profession (GLIP) on selected administrative, civil and criminal law topics

Project funded by the European Union

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

IRZ is implementing the EU project “Advancing Reforms in the Justice Sector in Georgia” as a junior partner under the leadership of the Belgian consulting company DAI and with participation of the Georgian company Egeria Solutions as junior partner. The implementation of this project, with a duration of 36 months and a budget of 3.6 million euros, started in October 2023 and IRZ is involved with a Long-term expert.

This EU project represents a continuation and deepening of more than two decades of EU support to the legal reform process and capacity building specifically in the criminal justice system in Georgia. The overall objective is to support Georgia in implementing further reforms in the justice sector, with the priorities being the implementation of the EU-related commitments set out in the Association Agreement between the EU and Georgia. These accession-relevant reforms relate to cooperation between the various law enforcement agencies, sentencing, community policing, prevention of offences against vulnerable groups, ensuring a victim-centred approach and the inclusion of children’s rights and gender perspectives in all criminal justice proceedings, as well as the promotion of non-custodial sanctions.

Against the backdrop of the developments described above, the project was put on hold as of December 2024. The continuation of the project will largely depend on the political direction taken by the Georgian government.

Outlook

As further domestic developments are currently unforeseeable, IRZ will monitor the situation and consult closely with BMJV, which provides ­funding, regarding whether to continue or suspend cooperation.