The Georgian Young Lawyers’ Association (GYLA) has issued a statement regarding the initiative by “Georgian Dream” to restrict individuals from political activities.
According to GYLA’s assessment, the proposed bill contradicts the Georgian Constitution and international standards.
They explain that the amendments could, in the long term, lead to the disappearance of the political spectrum.
“The prohibition of individuals associated with a party from participating in politics constitutes a completely vague and unjustified collectivization of responsibility, which contradicts Article 11 of the European Convention (freedom of association). This article, along with Article 22 of the International Covenant on Civil and Political Rights, imposes an obligation on OSCE member states to protect individuals’ rights to freely form and join political parties. The right to create a political organization is also explicitly recognized by paragraph 7.6 of the Copenhagen Document. Moreover, the bill does not clarify what the concept of a person associated with a party entails or what kind of connection is implied. Such vague regulation leaves a wide scope for interpretation and creates a risk of abuse, allowing the activities of opposition-minded individuals to be easily restricted through the courts under the status of a ‘person associated with a party.’ In itself, vague legislation may constitute grounds for its unconstitutionality. Restrictions on political rights are permissible only when necessary to achieve a legitimate aim and proportionate to the legal benefit in question. Association with a party does not inherently create responsibility for the party’s illegal actions. A person cannot be punished solely for being associated with a banned party. Furthermore, it is noteworthy that the proposed form of responsibility is not limited by a specific timeframe, and an individual’s association with a specific party could effectively end their political career for their entire life, which fundamentally and disproportionately restricts their political rights. The proposed amendments unconstitutionally expand the mandate of the Constitutional Court. Article 60 of the Georgian Constitution exhaustively defines the Constitutional Court’s competence and excludes its expansion through current legislation. This list does not include the authority to impose restrictions on individuals’ political rights, especially in the form of collective responsibility. In this case, ‘Georgian Dream’ lacks a constitutional majority. Therefore, it is attempting to create a legislative framework favorable to itself through a simple majority. The adoption of these individual amendments ultimately causes significant democratic erosion. Precisely because the line between protecting democracy and destroying political pluralism is very fragile, the Constitution limits such powers through clearly defined procedures. Accordingly, GYLA’s assessment is that the proposed bill, which envisages restrictions on political activities for individuals associated with banned parties, contradicts the Georgian Constitution and international standards. The amendments disproportionately and indefinitely restrict individuals’ rights, which could, in the long term, lead to the disappearance of the political spectrum,” the statement from the Georgian Young Lawyers’ Association reads.
For reference, on October 13, 2025, “Georgian Dream” began reviewing a legislative package in an accelerated procedure, which provides for restrictions on party activities (including founding a party or holding leadership positions), holding state-political or political positions, and participating in elections for individuals associated with a political party banned by the Constitutional Court.
GYLA: Bill restricting political activity of banned individuals contradicts Constitution, could lead to disappearance of political spectrum in long term
