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Key findings of the 2023 Report on Georgia

European Commission

Questions and answers
8 November 2023
Brussels

As regards the political criteria, overall, the legislative framework, institutional setup and vibrant civil society provide Georgia with some level of preparation to further democratic and rule of law reforms. Nevertheless, the reform process has been hampered by continuing political tensions, deep polarisation, the absence of constructive engagement between political parties and the challenges of building consensus on key matters of national interest.

Cross-party tensions between the ruling majority and the opposition, as well as limited consultation with civil society affected decision-making processes and the implementation of reforms. Parliament led the efforts to address the 12 priorities laid down in the Commission opinion and in July 2022, soon after the opinion was published, it set up working groups to debate the necessary reforms.

Substantive cross-party work in Parliament was hampered by limited inclusion (by the ruling party) of the opposition in drawing up legislation, as well as by on-and-off boycotts by parts of the opposition. Nevertheless, there were good examples of cross-party cooperation and votes, including amendments to the Parliament's rules of procedure that were adopted in November 2022 to moderately increase the level of parliamentary oversight.

A number of crucial laws for the EU integration path were taken through Parliament in the second and third quarter of 2023 with overall limited consultations, nor thorough analysis of compliance with EU or Council of Europe standards. With most of the work on the 12 priorities left to the Parliament, government action to accelerate the reform process and strengthen good governance led to limited progress in some reforms and some progress in others. The President vetoed several laws she assessed as contrary to the country's European integration process.

Civil society is well developed, diverse, vibrant and continues to enjoy the freedom to operate. The involvement of civil society in decision-making processes (opinion priority 10), at first promoted by Parliament through inclusion in working groups on the 12 priorities, was tainted by the March 2023 draft law creating a registry for 'agents of foreign influence'. The draft law, which was eventually withdrawn following large protests in Tbilisi and strong international reactions, sowed distrust among civil society for the government and triggered a boycott of consultations on key reforms. This has persisted even after the law was withdrawn, although the government and Parliament held two conferences with civil society on 25 July and 13 September to re-establish good cooperation and announced to continue coordination meetings with CSOs. The Speaker of the Parliament took up the chairmanship of the Permanent Parliamentary Council on Open Governance in September 2023.

A Memorandum on cooperation between the Parliament of Georgia and the Georgian National Platform of the Eastern Partnership Civil Society Forum was signed in October 2023.

Georgia is moderately prepared in the area of public administration reform. Some progress has been achieved in preparing and adopting the strategies for public administration and public finance management, and their related actions plans. The regulatory and procedural foundation for evidence-based policy making needs to be enforced. Efforts need to be maintained to ensure a stable, accountable, and transparent civil service system.

The judicial system of Georgia has some level of preparation and limitedprogress has been achieved. On the functioning and overall capacity of the judiciary, four consecutive waves of reform have improved the legal framework. Some legislative changes were adopted, including on the accessibility of court decisions, the quality of reasoning for judicial appointments and on increasing the professional experience requirement to 10 years for the selection of Supreme Court nominees. Parliament adopted amendments to the Law on Common Courts in June 2023 and drafted additional amendments in September 2023 implementing some of the recommendations of the Venice Commission including on the suspension of judges from office and, restrictions of the grounds of judge's disciplinary liability. However, the amendments did not address the most important recommendations of the Venice Commission (stated in its opinions of March 2023 and October 2023) regarding a comprehensive reform of the High Council of Justice (HCJ) and the binding nature of the decisions of the Supreme Court on appeal against HCJ decisions in the selection process of the Supreme Court judges. Namely, further broader reforms to ensure the full independence, accountability, and impartiality of all judicial and prosecutorial institutions, especially the HCJ need to be undertaken in line with European standards and the recommendations of the Venice Commission. In particular, improvements and additional safeguards concerning the functioning and powers of the HCJ are needed and an effective right of appeal for the selection of Supreme Court judges should be ensured by clarifying the binding nature of the Supreme Court decision for the HCJ. Parliament elected two remaining non-judge members to the High Council of Justice with some concerns raised regarding the selection procedure. Finally, the pending amendments concerning the nomination procedure of the Prosecutor General through qualified majority in Parliament should be adopted.

Georgia has made some progress in the fight against corruption and has some level of preparation. In line with recommendations in the opinion, an Anti-corruption Bureau was established, combining several anti-corruption functions in a single body. Legislation on the Anti-Corruption Bureau was sent to the Venice Commission in September 2023.

Georgia endorsed an action plan on de-oligarchisation on 14 September and sent the action plan to the Venice Commission for opinion in September 2023. The action plan builds on the European Commission's recommendations and the Venice Commission's opinion of June 2023 to follow a systemic approach, including by reinforcing the rules on competition policy, media diversity and the financing of political parties. The action plan has been revised in October strengthening the co-ordination and setting clearer timelines for actions. The draft law on de-oligarchisation which envisaged a 'personal' approach was voted down in third reading in Parliament on 19 September. Overall, prosecutions and convictions on corruption cases have increased compared to 2021. Further action is needed to further complete the de-oligarchisation action plan and start its implementation, to establish a track record of investigations, prosecution, adjudication and final convictions of corruption cases, notably at high-level and, in particular, to address the challenge of large-scale vested interests and their influence in both the political, judicial and economic spheres.

Georgia made some progress in fighting organised crime and has some level of preparation. It participated in an increasing number of joint operations with EU Member States and neighbouring countries. A new national strategy for combating organised crime, together with an action plan, is in place. The anti-money laundering legislation partially reflects the recommendations made by the Financial Action Task Force, as well as relevant international legislation. The Government adopted the Report on Money Laundering and Terrorism Financing Assessment Risks in Georgia on 3 October 2023.

There are still outstanding recommendations from the Council of Europe's Moneyval to be addressed. A national counterterrorism strategy for 2022-2026 and the corresponding action plan were adopted in 2022. More effort is needed to improve the coordination and effectiveness of law enforcement in fighting certain forms of crime, such as money laundering and financial crimes.

On fundamental rights, Georgia has ratified most international human rights conventions and instruments, and complies overall with its obligations under international human rights law. A national strategy for human rights protection was adopted in March 2023. A draft action plan was elaborated and was submitted for civil society consultations. The strategy contains some positive elements concerning economic and social rights. However, several key issues remain to be addressed, notably discrimination on grounds of sexual orientation and gender identity as well as the independence, accountability, and transparency of the judiciary. The amendments remain to be aligned with the recommendations of the Venice Commission issued on 9 October 2023.

As regards the safeguard of fundamental rights, the amendments to the Criminal Procedure Code, which raised serious concerns regarding compliance with European standards were adopted, overruling Georgia President's veto. The amendments remain to be aligned with the recommendations of the Venice Commission opinion of October 2022. Parliament adopted a legislative package with amendments to eleven legislative acts that make reference to the ECtHR. The new Public Defender was appointed in February 2023, including with votes from the opposition. Challenges remain in adopting national strategies to fight all forms of hatred and discrimination and to protect minorities.

On freedom of expression, Georgia has some level of preparation and achieved limited progress. The right to freedom of expression is respected and upheld. Georgia improved its position in the World Press Freedom Index by 12 places (from 89th position in 2022 to 77th in 2023). There are no restrictions on the online media environment, which is increasingly diverse. Civil society actively contributes to political dialogue.

Georgia has continued to align its legislation with the key principles of the Audio-visual Media Services Directive (AVMSD) and in October adopted related amendments to the law on broadcasting. The effective independence of the national regulator, the Communication Commission remains to be ensured. The Parliament is currently discussing amendments in this regard. The media environment is largely pluralistic, but also highly polarised and working in a hostile environment. The intersection of business and political interests continued to hamper media independence.

Intimidation and physical and verbal attacks on media professionals have taken place, especially in the context of demonstrations and election rallies. Follow-up investigations are not yet effective. Strong language against media emanates also from senior government officials.

Court proceedings and investigations against opposition media owners have become frequent. Recent verdicts have a negative effect on critical media reporting.

Challenges persist regarding the exercise of the right to freedom of assembly, notably for persons in the most vulnerable situations, and this includes the right to peaceful protest, as seen during the violent attacks against participants in the Tbilisi Pride on 8 July 2023. On 5 October, the Georgian Parliament adopted amendments to the Law on Assemblies in expedited procedure, without prior consultations. The civil society and the Public Defender expressed concerns with this Law and the President vetoed it on 17 October.

During the reporting period, Georgia adopted a series of strategic documents and legislation on gender equality, including on gender-based violence against women and domestic violence. The package of adopted laws introduced a gender impact assessment for all legislative acts and aimed to ensure compliance with the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence ("Istanbul Convention"). The legal definition of 'rape' needs to be brought in line with the Istanbul Convention (as it is based on the absence of consent). On an institutional level, response to gender-based violence is well defined and operational. However, protective measures, survivors support services and post-shelter support need further improvement.

The legal framework on migration is partially aligned with the EU acquis but needs further alignment. Georgia strengthened its institutional resources and capacity to manage migration. Georgia's visa liberalisation framework should be further improved, and benchmarks met.

Legislationon asylum is broadly in line with the EU acquis. The asylum management system has been put under increased pressure with the influx of Ukrainian nationals into Georgia and the issue of stranded migrants. The implementation and enforcement capacity of the asylum management system in Georgia needs further strengthening.

On the economic criteria, Georgia is moderately prepared to establish a functioning market economy. Real GDP growth exceeded 10% for the second year in a row, the external position improved significantly, inflation moderated, and the fiscal deficit and public debt fell significantly.

Georgia also demonstrates a satisfactory track record in carrying out sound macroeconomic policies, and the institutional and regulatory environment is favourable overall. Regarding the capacity to cope with competitive pressure and market forces within the EU, Georgia has some level of preparation. The structure of the economy is relatively well diversified, albeit with a high share of low value-added sectors. The EU remains Georgia's largest trade partner, but the share has been gradually decreasing in favour of geographically closer economies.

On public procurement, Georgia has some level of preparation. Good progress was made in adopting the new Law on public procurement in February 2023. Further work is needed to align its legislative framework with the EU public procurement acquis, including utilities and concessions. On statistics, Georgia has some level of preparation, with limited progress made with adopting the Law on official statistics. The adequacy of Geostat, Georgia's National Statistics Office - in terms of human, financial and IT resources - needs substantial improvement. Georgia has some level of preparation in the area of financial control, where the country made no progress, notably on public internal financial control and internal audit.

On good neighbourly relations and regional cooperation, Georgia is committed to improving bilateral relations with candidate countries, potential candidates and neighbouring EU Member States. Georgia remains committed to the Eastern Partnership and maintained its engagement in several regional cooperation initiatives. Georgia enjoys a strategic partnership with Türkiye and Azerbaijan. Relations with neighbouring EU Member States Romania and Bulgaria are good, with a strong focus on connectivity in the Black Sea.

On Georgia's ability to assume the obligations of EU membership, the country continued its work on alignment with the EU acquis in many areas; overall there was some progress.

Regarding cluster 2 on the internal market Georgia is moderately prepared in the areas of right of establishment and freedom to provide services, although no progress was registered in the reporting period. The country has some level of preparation in terms of the free movement of goods, on which there was limited progress, and in terms of company law, notably with the strengthening of auditing.

Georgia is at an early stage of preparation when it comes to the free of movement of workers, with limited progress on circular migration. Limited progress can also be reported on intellectual property with the adoption of amendments to the Law on patent. There is some level of preparation on consumer and health protection, where the country made limited progress. Significant efforts are still needed on ensuring quality healthcare coverage for all. The national competition agency responsible for enforcement of consumer protection measures should be properly staffed. No progress can be reported on competition policy, where the Georgian State Aid Commission still lacks operational independence. There was limited progress on free movement of capital, where Georgia needs to follow up on outstanding recommendations from the Moneyval report. Georgia has some level of preparation in the area of financial services and made limited progress during the reporting period.

In cluster 3, competitiveness and inclusive growth, Georgia is moderately prepared in economic and monetary policy; enterprise and industrial policy; science and research; education and culture and the customs union. Georgia has some level of preparation in digital transformation and media, social policy and employment and is in between some and moderate level of preparation in taxation. The country has made some progress in digital transformation and media, taxation and science and research. Georgia has shown limited progress on enterprise and industrial policy.

In cluster 4, green agenda and sustainable connectivity, Georgia is at an early stage of preparation in environment and climate change. Georgia finalised its long-term low-emission development strategy. It has some level of preparation in the areas of energy, transport policy and trans-European networks. A new market-based support scheme for renewable energy production was introduced. Some progress was achieved on trans-European networks and more effort is needed to improve transport and energy infrastructure. Georgia has achieved some progress with the adoption of the new National Transport and Logistics Strategy, the adoption of the Railway Strategy in February and the adoption of the Maritime code. More effort is needed in the transport sector, with a notable focus on road safety, rail sector reform, and incorporating the principles of the smart and sustainable mobility strategy.

In cluster 5, resources, agriculture and cohesion, Georgia is at an early stage of preparation in the chapters on agriculture and rural development and financial and budgetary provisions. Georgia is in between an early stage and some level of preparation regarding regional policy and coordination of structural instruments. It has some level of preparation in food safety, veterinary and phytosanitary policy and fisheries. Some progress was made in regional policy and limited progress in agriculture and rural development, with the amendment of the Law on agricultural cooperatives. No progress was registered in fisheries and on financial and budgetary rules. More effort is needed to increase human and administrative capacity in the field of fisheries and aquaculture. It is also important to adopt the new regional development strategy and consider expanding its coverage to the whole country.

In cluster 6, external relations, Georgia is moderately prepared. Limited progress was made on external relations, where Georgia is expected to align its legislation on export controls on dual use goods with the EU acquis. Limited progress was made on foreign, security and defence policy. In line with its long-standing policy, Georgia did not align with the EU's restrictive measures (sanctions) regarding Russia, including airspace closure.

In the area of Common Foreign and Security Policy, following Russia's war of aggression against Ukraine, Georgia has aligned itself with international and EU initiatives in support of Ukraine, including on Resolutions adopted by the UN General Assembly and Human Rights Council and the Council of Europe. Georgia did not align with the EU's restrictive measures against Russia and Belarus nor with the related statements by the High Representative on behalf of the EU. Georgia's alignment with EU statements and Council decisions under the CFSP remained largely the same (44% in 2022, 43% in August 2023).

Georgia is expected to considerably increase its alignment rate with EU statements and Council decisions under the CFSP. Georgia has shown active engagement in ensuring that the territory of Georgia and/or legal entities registered in Georgia are not used to circumvent these sanctions, including sanctions in the financial sector.

Key dates

3 March 2022: Georgia submits its application for EU membership.
17 June 2022: The European Commission presents its Opinion on Georgia's EU membership application.

23 June 2022: The European Council acknowledges the European perspective for Georgia. The European Council is ready to grant candidate status to Georgia once the 12 priorities specified in the Commission's opinion on Georgia's membership application have been addressed.

1 February 2023: the European Commission presented its Analytical Report, completing the Commission's Opinion on Georgia's application for membership of the EU adopted on 17 June 2022.

November 2023: the Commission recommends that the Council grants Georgia the status of a candidate country on the understanding that a number of steps are taken.