The Social Justice Center extends congratulations to the Georgian society for the positive recommendation received from the European Commission on attaining candidate status. We express the hope that the Council of the European Union will give due consideration to this recommendation in its final decision. It's worth noting that the European Commission's positive recommendation for Georgia comes with a set of reservations. These reservations consist of an updated list of recommendations across 12 priorities, which must be addressed by the fall of 2024 for the European Union to initiate the process of accession negotiations with Georgia. It is imperative for Georgia to diligently implement these recommendations and fulfill the specified conditions to move forward under these circumstances.

Today, the European Commission released its annual enlargement report on Georgia, providing a comprehensive overview of the country's progress. The report delves into the status of implementing the 12 recommendations and presents additional conditions. Notably, the Commission addresses challenges and issues that have emerged over the past year, with a particular focus on political criteria, democratic institutions, and the state of human rights protection in Georgia.

The European Commission welcomed the reforms geared towards European Union integration. Key highlights include the adoption of the de-oligarchization action plan, replacing a personalized approach with a systematic one. Noteworthy achievements also include the establishment of an anti-corruption bureau, enhanced international cooperation against organized crime, the release of the head of opposition media from penitentiary as a step towards media freedom, amendments to the Law on Broadcasting aligning with EU legislation, approval of a human rights protection strategy and action plan, legislative acts addressing violence against women, and compliance with decisions from the European Court of Human Rights. Additionally, the election of a new public defender is highlighted. The Commission's assessment recognizes positive changes in legislation and parliamentary regulations, emphasizing their impact on the functionality and accountability of state institutions, as well as improvements to the electoral system in Georgia.

Despite the progress mentioned, the European Commission extensively addressed persistent challenges. According to their evaluation, Georgia's readiness for further democratic reforms hinges on the legislative framework, institutional structure, and the vibrancy of the civil sector. However, the ongoing reform endeavors face complexity due to sustained political tensions, profound polarization, the need for constructive collaboration among political parties, and challenges in achieving consensus on matters of national significance. The Commission also underscored the limited involvement of the opposition and civil society in the reform process, primarily stemming from the approaches taken by the ruling party. Notably, the events in March 2023 concerning the draft law on "Agents of Foreign Influence" are highlighted by the Commission as exacerbating distrust within the civil sector toward the government and impeding the consultative process on reforms.

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The European Commission acknowledges certain positive developments toward depolarization, such as the cessation of parliamentary boycotts and bipartisan support for select legislative initiatives. However, the persistence of heated rhetoric and disinformation poses a significant challenge. In light of this, the commission recommends a deepening of cooperation and inclusive consultations with opposition parties and civil society. Stressing the importance of active participation by political forces, the commission emphasizes the need to foster broad societal consensus on Georgia's accession to the European Union.

Regarding the enhancement of state institutions and the electoral framework, the commission advises Georgia to consider the recommendations of the ODIHR and the Venice Commission, particularly in addressing the misuse of administrative resources as observed in previous elections. Timely consideration of the Venice Commission's opinions before upcoming elections is also emphasized.

On the subject of justice reforms, the European Commission recognizes some progress but notes that legislative amendments by the Parliament of Georgia fall short of incorporating crucial recommendations from the Venice Commission. Notably, the fundamental reform of the Supreme Council of Justice is among the unaddressed aspects. Consequently, the commission underscores the ongoing need for more comprehensive reforms to ensure the complete independence, impartiality, and accountability of judicial and prosecution institutions.

Regarding the process of de-oligarchization, the commission appreciates the systematic approach adopted by the government. However, it calls for further refinement of the action plan and its implementation, especially in addressing the challenge of large-scale interests and their detrimental influence on the political, economic, and judicial spheres.

Regarding the operations of the anti-corruption agency, the personal data protection service, and the special investigation service, the commission highlights the need to enhance the independence and functions of the anti-corruption agency, especially in dealing with high-level corruption cases. Furthermore, the Commission recommends providing the Special Investigation Service and the Personal Data Protection Service with adequate resources and institutional independence. In this context, the Commission advises the Georgian authorities to consider the 2022 ODIHR recommendations on the appointment and dismissal of the head of the Personal Data Protection Service and to review the legislation governing the Anti-Corruption Bureau, the Special Investigation Service, and the Personal Data Protection Service in line with future recommendations from the Venice Commission.

Lastly, addressing the current state of fundamental human rights, the European Commission focuses on the national strategy for human rights protection. While acknowledging certain positive elements in social rights, the Commission identifies significant issues in the strategy, particularly in addressing discrimination based on sexual orientation and gender identity. Additionally, the Commission highlights media environment polarization and challenges faced by critical media operating in a hostile environment, negatively impacting their activities. The European Commission urges Georgia to persist in efforts to ensure the independence of the media regulator (National Communications Commission of Georgia) and to build trust in the media sector. Emphasizing the importance of effective investigation and prosecution of cases related to the safety of journalists or threats against them, the Commission calls for continued attention to these critical issues.

In discussing the legal status of minorities and vulnerable groups, the European Commission highlights persisting challenges in realizing the right to assembly in Georgia, with participants of peaceful assemblies being in a vulnerable position. The Commission expresses negative assessment of changes to the Law on Assemblies and Manifestations, adopted hastily and subsequently vetoed by the President. Additionally, the Commission calls for the continued investigation into the violent attack on Tbilisi Pride participants in July 5-6, 2021. In the gender equality section, the European Commission urges alignment of the legal definition of rape with the Istanbul Convention, particularly in the aspect of non-consent. Furthermore, steps are recommended to provide shelter for women who are victims of violence.

The report also evaluates Georgia's efforts in foreign, security, and defense policy, and notes that limited progress was achieved in this domain. The European Commission critically evaluates Georgia's decision not to join EU restrictions (sanctions) against Russia, including airspace closure. Although following the commencement of the war in Ukraine, Georgia aligned itself with international and EU initiatives in support of Ukraine, including resolutions of the UN General Assembly and Human Rights Council, it did not align with restrictions against Russia and Belarus or the statements made by the high representatives of the European Union on this matter. According to the European Commission, Georgia's compliance with the Common Foreign and Security Policy (CFSP) did not improve over the past year, remaining largely unchanged at 44% in 2022 and 43% in August 2023.

Considering the aforementioned points, the European Commission provided the following reservations for implementation in Georgia:

• Combat disinformation, foreign information manipulation, and foreign interference with the EU and its values.
• Bring Georgia’s foreign policy more in line with the EU’s common foreign and security policy.
• Mitigate political polarization, with a particular emphasis on more active collaboration with opposition parties in parliament, especially concerning legislation related to Georgia’s European integration.
• Ensure a free, fair, and competitive electoral environment and electoral process, particularly in 2024. This entails full consideration of recommendations from the OSCE Office for Democratic Institutions and Human Rights and finalizing electoral reforms, including ensuring adequate voter representation well ahead of election day.
• Enhance parliamentary oversight, with a specific focus on security services, and securing the institutional independence and impartiality of critical entities, such as the election administration, the National Bank, and the Communications Regulatory Commission.
• Complete and execute holistic judicial reform, which includes reforms to the High Council of Justice and the Prosecutor’s Office, full adherence to the recommendations of the Venice Commission and transparent and inclusive processes.
• Ensure the effectiveness, institutional independence, and impartiality of the Anti-Corruption Bureau, the Special Investigation Service, and the Personal Data Protection Service. Ensure the implementation of the recommendations of the Venice Commission through an inclusive process. build a strong track record of investigating corruption and organized crime.
• Enhance the existing de-oligarchization plan by executing it through a comprehensive, multi-sectoral approach in line with the Venice Commission recommendations, involving opposition parties and civil society in a transparent and inclusive manner.
• Elevate standards in the protection of human rights, which includes adopting an ambitious human rights strategy and guaranteeing freedom of assembly and expression. It also involves initiating impartial, effective, and timely investigations into threats targeting vulnerable groups, media professionals, and civic activists, and ensuring accountability for the organizers and perpetrators of violence. Additionally, consultation with civil society, their inclusion in the legislative and policy-making processes, and safeguarding their freedom of operation is vital.

The Social Justice Center reaffirms its appreciation for the European Commission's favorable recommendation to grant Georgia candidate status for EU membership. We urge the Georgian authorities to translate this endorsement into tangible and effective actions by fully implementing the Commission's recommendations. Additionally, it is crucial for political parties to comprehend their responsibilities and roles for facilitating this transformative process.

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