Inquisition of Georgian Democracy - Declaring a Political Party Unconstitutional: Legislative Changes and legal Implications
- Nino Rizhamadze
- 4 hours ago
- 12 min read
On October 13, representatives[1] of the Georgian Dream and the People’s Power factions introduced a package of legislative amendments regarding the consequences of the Constitutional Court declaring a party unconstitutional, which was adopted through expedited procedure with the final reading on October 16.
The Package outlines the consequences of the Constitutional Court declaring a party unconstitutional, extending not only the party in question, but also an indefinite group of individuals declared to be associated with it. The adopted amendments impose a lifelong ban on those individuals associated with a declared unconstitutional party, prohibiting them from party activities, right to stand for elections and the right to hold a wide range of public offices.
According to public statements by Georgian Dream leaders, parallel to the legislative amendments, the party is preparing a constitutional claim to be submitted to the Constitutional Court, demanding that about 10 political parties be declared unconstitutional. Besides the parties to be banned, a list of individuals is being prepared whom they intend to declare as associated with these parties and plan to remove from public and political life.[2]
On October 17, the day following the adoption of the laws, a member of the Constitutional Court resigned based on a personal statement.[3]
Expedited Procedure for the Legislative Package
The legislative amendments are incorporated into four legislate acts:
- Organic Law - On the Constitutional Court of Georgia
- Organic Law - On Political Unions of Citizens
- Organic Law - Election Code of Georgia
- Criminal Code of Georgia
The package was adopted in three readings in three days of its registration at the Parliamentary Bureau under the expedited procedure[4].
The expedited review of a legislative package that restricts extremely sensitive constitutional rights, about which the public had no proper time to receive information, contradicts the international standards of the rule of law[5]. Furthermore, these amendments restricting political rights against opponents creates a risk of a chilling effect on political participation and contravenes the democratic principle of political pluralism.
Four months earlier, on May 13, 2025, Georgian Dream introduced changes to the Organic Laws "On Political Unions of Citizens" and "On the Constitutional Court of Georgia", relating to the so-called "successor" or "fictitious" party and its personnel. A decision on this matter should not exceed 14 days.
Additionally, according to amendments introduced to the Organic Law "On Political Unions of Citizens" on May 29, 2004, the National Agency of Public Registry shall cancel the registration of a party if it fails to submit a financial declaration to the Anti-Corruption Bureau for two consecutive calendar years, or if all income and expenses reflected in all such financial declarations submitted during two consecutive calendar years are equal to zero. This cancellation is based on the application of the head of the Anti-Corruption Bureau.
Content of the Legislative Package
The declaration of a political party as unconstitutional by the Constitutional Court leads to:
Cancellation of the political party's registration.
The creation of a ground for termination of the mandate of a Member of Parliament elected on the nomination of that party.
Termination of the mandate of a Sakrebulo member (local council).
Removal of a person from the party list submitted for elections.
The author of the constitutional claim may request the prohibition of a person's political, electoral, and right to hold office if that person is deemed to be associated with the party declared unconstitutional.
A person "associated" with a declared unconstitutional party is prohibited from:
Founding a political party
Leading a political party
Being a member of a political party
Being a member of the party's executive and oversight bodies, board, or audit commission
Being a member of any body provided for by the party's statutory document
Making a political donation.
For electoral purposes, a person "associated" with a declared unconstitutional party is prohibited from:
Participating as a candidate in parliamentary elections
Participating as a candidate in Sakrebulo/Tbilisi Sakrebulo elections
Participating as a candidate in mayoral elections.
In addition to party political activities, an "associated person" is further prohibited from:
Holding a state-political office
Holding a political office
Holding the position of head of a body provided for by the Constitution of Georgia.
Amendments introduced to each respective law
Amendments to the organic law "On the Constitutional Court of Georgia": In the event of the constitutional claim being satisfied and the political party being declared unconstitutional, the party's registration is likely to be canceled automatically, as the amendments do not provide for any other procedural regulation on this matter.
Other consequences regarding the continuation of the political existence of specific individuals will depend on the initiative of the constitutional claimant and the decision of the Constitutional Court.
Specifically, the author of the constitutional claim can request that a person associated with the declared unconstitutional political party be prohibited from:
Creating a political party
Membership in a political party
Membership in a political party's body
Holding a party office in a political party
Exercising the passive electoral right in general elections
Acquiring the authority of a member of an elected body or an elected official in general elections
Holding a state-political office
Holding a political office
Holding the position of head of a body provided for by the Constitution of Georgia.
This prohibition will apply if the claimant requested it and the request was satisfied.[6] According to the amendments, the Constitutional Court is obligated to publish the details of the person who is prohibited from political and electoral activities and the right to hold specific offices in the enacting clause of the decision, should the claim be satisfied.[7]
Amendments to the Organic Law of Georgia "Election Code of Georgia": According to the amendments to the Election Code, a person considered by the decision of the Constitutional Court to be associated with a party declared unconstitutional will be subject to the following restrictions:
Cannot be included in a party list, and if already on the list, will be removed.
Will not be registered as a candidate for a Member of the Parliament of Georgia, and if already registered, the electoral registration will be revoked.
Will not be registered as an independent majoritarian candidate for a Sakrebulo member.
The party list or the candidate for a Sakrebulo member nominated by the electoral subject will not be registered.
Will not be registered as a mayoral candidate.
Amendments to the "Criminal Code of Georgia": A political party that obstructs or fails to comply with the decision of the Constitutional Court regarding declaration of a party unconstitutional, will face criminal fine charges.
Amendments to the Organic Law "On Political Unions of Citizens": A person to whom the Constitutional Court's decision applies regarding being declared associated with an unconstitutional party is prohibited from creating a party, being a party member, being in any party structure, and making political donations.
"Association of a Person" with a Declared Unconstitutional Party: Lack of Criteria, Time Limits, and Procedural Guarantees
According to the amendments, the ratione personae to whom the prohibition of holding public-political offices, party activities, and passive electoral rights applies is unspecified.
Under the amendments, the applicant in a constitutional claim may request the prohibition of a person’s political, electoral, and public office rights if, in the applicant’s assessment, that person is connected to a political party declared unconstitutional. However, neither the proposed legislative package nor the existing Georgian legislation defines criterion, characteristic, or element on the basis of which such a connection between a person and a party could be established for the purpose of imposing the prohibition. The association of a person and a party will depend solely on the opinion of the constitutional claimant and the circumstances defined by them, meaning the Constitutional Court will not have exhaustive criterion to confirm or deny such a link.
According to public statements by representatives of "Georgian Dream", an „associated person“ can be anyone, including a person who even was not a member of the party declared unconstitutional.[8]
An "associated person" could be a former and/or current rank-and-file member of the party, a former and/or current member of the executive or oversight body, a former and/or current leader of the party, as well as any person who, in the opinion of the claimant, is substantially or formally related to the party, regardless of whether a political-legal connection existed or exists between the person and the party.
Prohibition of the Right to Stand for Elections and Party Activities
With the introduced amendments, there is no temporal limit (Ratione temporis). The legislative amendments package does not provide for a reasonable time limit after which the prohibition imposed on a person will be revoked, or conditions after the removal of which a person can restore their constitutional rights. These amendments contradict the international principles of human rights[9] and the international standard of foreseeability and clarity of the law.
While Article 3 of Protocol No. 1 to the European Convention on Human Rights grants states a broad margin of appreciation, the restriction of the right to stand for elections must be determined by law, meaning the normative content must be sufficiently clear and foreseeable. The principle of foreseeability implies that a person should be able to predict the possible consequences of their actions at any time and within the bounds of reasonableness.
In the General Comments on Article 25 of the International Covenant on Civil and Political Rights, the Human Rights Committee emphasizes that any restriction on the right to participate in elections must be based on objective and reasonable criteria, the basis of which cannot be discriminatory, including political affiliation. According to the document, political opinion cannot be used as a basis for restricting the passive electoral right in elections.[10]
Such legislative restrictions should generally not have retroactive effect, and exceptions must be strictly limited, considering the existence of an urgent public interest, and must meet the strict standard of proportionality.
The content of the adopted amendments and the public assessments of "Georgian Dream" leaders regarding the normative content of the amendments contradict these standards and create risks for selective decision-making against both political parties and any citizen of Georgia.[11]
The presented legislative amendments are inconsistent with the Constitution of Georgia, as the Constitution exhaustively defines the circle of persons who are prohibited from party activities. Otherwise, the prohibition of political or party activities, as an extremely radical measure of intervention, can only be applied against a specific political party, while extending such a prohibition to individuals is incompatible with the constitutional legal system of Georgia.
Despite the fact that "Georgian Dream" does not have the constitutional majority required to amend the Constitution in Parliament, however, through amendments introduced into legislative acts, it is effectively restricting the politically guaranteed rights by the Constitution and the freedom of association. This endangers the principle of a democratic social order declared by the citizens of Georgia under the Constitution, contradicts and renders meaningless the form of democratic governance, political pluralism, equality, and the prohibition of discrimination established by the Constitution of Georgia.
This is because the model created by the presented amendments allows the ruling party "Georgian Dream" to cancel undesirable opposition parties and neutralize any person declared to be associated with them.
Anti-Democratic Model of Political Party Prohibition
Political parties are an integral part of the existence of a democratic state.[12] The Constitution of Georgia stipulates that political parties, as a fundamental part of the democratic republic principle, participate in the formation and implementation of the political will of the people. The activities of political parties are based on the principles of freedom, equality, transparency, and intra-party democracy.
The prohibition of a political party is a rare, exceptional occurrence in a democratic society. Every democratic system regulates the grounds for prohibiting party activities as an exception and acts considering the strict test of extreme necessity and proportionality: a party's activity is subject to restriction/cancellation if its activity threatens the democratic order and the constitutional order.[13]
The public comments of Georgian Dream Prime Minister Irakli Kobakhidze and the leaders of the ruling party Georgian Dream[14] are extremely alarming, according to which they intend to demand the prohibition of almost all opposition political parties participating in political avenue.
According to the "Guidelines on Prohibition and Dissolution of Political Parties"[15], the state must recognise the right of every person to freely associate in political parties. This right includes the freedom to express political views and the freedom to receive and disseminate information. Intervention in this fundamental right and the restriction of a political party's activities must be consistent with the principles of the European Convention on Human Rights and other international treaties.
The prohibition or forced dissolution of a political party can only be justified if the party attempts to overthrow the democratic order and constitutional order through violent means or uses violence for political purposes, thereby restricting the rights and freedoms guaranteed by the Constitution. The use of violent mechanisms includes armed confrontation, calls for it, or the creation of armed groups for such purposes.
Furthermore, International principles and standards for regulating political activities require a clear boundary between individual responsibility and collective responsibility.
Connecting a person to an unconstitutional party using non-defined criteria and subsequently prohibiting them from party activities contradicts the freedom of association guaranteed by Article 11 of the European Convention on Human Rights.
The prohibition or cancellation of a political party, as an extremely radical and excessive form and means of intervention, can only be used in extreme situations, when there is a serious threat to the free and democratic political order or the rights of individuals and when all other less radical interventions have failed to eliminate the threat.
The presented amendments, against the backdrop of the suppression of Georgian non-governmental organizations, restriction of the media, and extreme limitation of the freedom of assembly and expression, represent a new stage in the decisions adopted by "Georgian Dream" to legalize anti-democratic, one-party rule and usurp power. In the absence of a fair judiciary, turning collective political responsibility into a legal instrument creates extremely dangerous risks for Georgia's democratic future.
[1] Archil Gorduladze, Tornike Cheishvili, Davit Matikashvili, Rati Ionatamishvili, Aluda Gudushauri, Guram Macharashvili, Aleksandre Tabatadze, Akaki Aladashvili, Tengiz Sharmanishvili.
[3] “Irine Imerlishvili resigned from her position as a judge of the Constitutional Court.”; October 18, 2025. Civil.ge
[4] Article 113(2) of the Rules of Procedure of the Parliament of Georgia provides that the expedited consideration and adoption of a draft law entails its examination and adoption in all three readings within one week during the Parliament’s plenary sittings. During one plenary sitting day, a draft law may be considered and adopted in more than one reading, but not more than two. Moreover, a draft law may be considered and adopted on the same day only in its second and third readings.
[5] The European Commission for Democracy through Law (Venice Commission), Rule of Law Checklist; adopted in 2016.
[6] Subparagraph “b” of Paragraph 3 of Article 23 of the Organic Law of Georgia “On the Constitutional Court of Georgia.”
[7] Ibid., Article 43, Paragraphs 1 and 5, Subparagraph “e¹”
[8] “Georgian Dream plans to ban political activity for individuals who are not members of any party either”; Netgazeti, October 15, 2025.
[9] The international human rights principles of political participation are primarily defined by: Article 21 of the Universal Declaration of Human Rights; Article 3 of Protocol No. 1 to the European Convention on Human Rights; Article 11 of the European Convention on Human Rights; Articles 22 and 25(b) of the International Covenant on Civil and Political Rights; and the 1990 OSCE Copenhagen Document.
[10] General Comment No. 25: The Right to Participate in Public Affairs, Voting Rights and the Right of Equal Access to Public Service (Article 25), adopted on 12 July 1996, CCPR/C/21/Rev.1/Add.7.
[11] According to Article 3 of the Constitution of Georgia, Georgia is a democratic state, which further defines the foundations of democracy. The following paragraph stipulates that the source of state authority is the people. The people exercise power through their representatives, as well as by means of referendums and other forms of direct democracy. Political parties participate in the formation and implementation of the political will of the people. Their activities are based on the principles of freedom, equality, transparency, and internal party democracy.The Constitution of Georgia guarantees the freedom of association. The dissolution of an association may occur only by its own decision or by a court decision, in cases and under procedures prescribed by law. Citizens of Georgia have the right, in accordance with the organic law, to establish political parties and to participate in their activities.
It is prohibited to establish or operate a political party whose objective is the overthrow or violent change of the constitutional order of Georgia, infringement of the independence of the country, violation of its territorial integrity, or which engages in war or violence propaganda, or incites national, ethnic, regional, religious, or social strife. The establishment of a political party on a territorial basis is also prohibited.
The prohibition of a political party may only be decided by the Constitutional Court of Georgia, in cases and under procedures defined by an organic law.
[12] Guidelines on Political Party Regulation, Second Edition, by the Venice Commission and OSCE/ODIHR.
[13] PACE Resolution No. 1308 (2002), 18 November 2002, paragraph 11: Regarding restrictions on the activities of political parties, the Parliamentary Assembly of the Council of Europe (PACE) stated that “restrictions on or dissolution of political parties should be regarded as exceptional measures to be applied only in cases where the party concerned uses violence or threatens civil peace and the democratic constitutional order of the country. As far as possible, less radical measures than dissolution should be used.”
[14] “Irakli Kobakhidze stated that up to ten parties may be banned.” – Netgazeti, October 15, 2025.
[15] European Commission for Democracy through Law (Venice Commission), Guidelines on the Prohibition and Dissolution of Political Parties and Analogous Measures, CDL-INF(2000)001.