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Public Defender’s Statement on Multiple Legislative Amendments

As is known to the public, the Parliament of Georgia has adopted significant legislative amendments over the past week, several of which do not comply with human rights standards. It is noteworthy that despite the substantial nature of the legislative amendments, this legislative process was conducted in an expedited manner, without the involvement of stakeholders or relevant specialists, which generally harms the legislative process and is not welcome.

As for the content of the legislative amendments, the Parliament of Georgia considered amendments to be introduced into the Law of Georgia on Public Service. Although the Legal Issues Committee approved the opinions presented by the Public Defender during the first hearing of the committee relating to the grounds for reorganization, it is regrettable that according to the finally adopted legislative draft, persons dismissed from the public service due to reorganization will no longer have the right to request reinstatement in the public service, which puts them in an unequal position with civil servants dismissed on other grounds.

In addition, during the second hearing, new amendments were introduced, according to which, the head of the primary structural unit and his/her deputy will no longer be considered professional civil servants and they will be appointed on the basis of administrative contracts, which significantly reduces the guarantees of protection of their labour rights and contradicts the principles of the public service itself, such as career advancement, service based on merit and stability. At the same time, these regulations will also apply to persons employed at a similar level in legal entities of public law of Georgia.

Amendments banning the wearing of masks at assemblies and demonstrations were also passed this week. Although similar restrictions are common in many Western countries, in most cases, the legislation of these countries, international human rights standards and the practice of the European Court of Human Rights indicate that this ban is not unconditional or blanket. It is important in this case for the legislation to protect the balance between freedom of expression and security interests.

Another amendment was made to the Administrative Offences Code, according to which, fines for certain violations will be significantly increased, and in a number of cases, additional administrative imprisonment will be imposed. Given the financial situation of the population in Georgia, this may be a rather heavy burden for citizens.

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