For Georgia to obtain the EU candidate status, there are several legislative reforms that the government needs to put in place. The adoption of the new Draft Law on Transparency of Foreign Influence might derail the process of becoming a member of the EU.
The bill introduced in the parliament of Georgia in February 2023 would label non-entrepreneurial legal entities (NNLEs) - the most common CSO type in the country - and mass media as “foreign agents” if 20% of their total revenue is from foreign sources. Due to the negative connotations of “foreign agents”, this development could reinforce stigmatisation towards CSOs. Organisations would face burdensome obligations and penalties for the violation of requirements. The most vulnerable groups may be deprived of important social services and other critical support provided by civil society.
The proposed text of the Draft Law is not compliant with international law and EU standards and is not in line with fundamental democratic principles. The only EU country that adopted similar legislation to the proposed Draft Law is Hungary; however, in June 2020, the European Court of Justice ruled that Hungary’s Law on Transparency of Organisations Supported from Abroad was in breach of EU law.
Based on the Georgian partners’ request, ECNL and ICNL prepared a full analysis and a briefer on the issue. Download the documents below: