The Venice Commission, the Council of Europe’s advisory body, has warned that Georgia’s October 2025 legislative amendments that allow for extending the party ban to individual members are contrary to international standards of pluralism and democracy, and “risk undermining” the country’s constitutional order “profoundly,” rather than protecting it.
In a 22-page opinion published on October 13 at the request of the president of the Monitoring Committee of the Parliamentary Assembly of the Council of Europe (PACE), the commission assessed a legislative package adopted by the Georgian Dream-led disputed Parliament on October 16, 2025, that extends restrictions beyond parties declared unconstitutional to individuals deemed “associated” with them.
The amendments to several laws bar such individuals from establishing or joining political parties, running in elections, holding political office, and exercising other political rights, while also allowing for the termination of electoral mandates and the disqualification of party lists.
According to the opinion, the amendments “further develop interconnected legal framework governing the prohibition of political parties and the consequences flowing therefrom for both political parties and individuals ‘associated’ with such parties.”
“They introduce far-reaching and severe restrictions on such individuals in terms of their ability to participate in political life, including by establishing, joining or leading political parties, standing for election, retaining electoral mandates, holding public or political office, and engaging in electoral processes,” the Commission said.
Citing international standards governing the prohibition of political parties and related sanctions, the Venice Commission stressed that such measures can be justified only under “very limited circumstances,” including “the necessity for a democracy to defend itself” and are “subject to strict legitimate aims and proportionality requirements.” However, “there is no evidence that the October 2025 package would have responded to such a necessity,” the Commission noted.
“The restrictions imposed on individuals ‘associated’ to dissolved political parties raise serious concerns under international human rights standards,” the opinion reads.
Moreover, the commission argues that “regulatory framework lacks legal certainty and foreseeability, as key triggering concepts, such as the notion of individuals ‘associated’ with a prohibited political party, are formulated in overly broad and imprecise terms, conferring excessive discretion on the authorities.”
“It imposes severe consequences on the freedom of association and electoral rights of individuals which are triggered by the prohibition of a political party without ensuring a genuine, individualised assessment of personal conduct, responsibility, or intent, thereby raising concerns of guilt by association,” the commission said.
It added that “the severity and disproportionality of the cumulative restrictions constitute an additional shortcoming, since the combined exclusions from political parties, electoral participation, public office, and representative mandates affect the core of political rights without clear temporal limits or effective review mechanisms.”
The commission also warned that the measures “risk undermining electoral processes and political pluralism, as the removal of candidates or termination of mandates – particularly when applied through expedited procedures during electoral periods – may distort electoral competition and voters’ freedom of choice.”
In its concluding assessment, the Venice Commission rejected the stated justification for the legislation, arguing that the measures do not serve their declared purpose of protecting Georgia’s constitutional order.
“In light of these conclusions, the Venice Commission considers that the legislation under examination does not pursue the stated aim of protecting the constitutional order from violent constitutional change, threats to independence, territorial integrity, war propaganda, violence, incitement to national, regional, religious or social hatred,” the opinion reads.
“It rather imposes disproportionate and unnecessary restrictions on the political freedom of the Georgian citizens, in particular preventing the formation and survival of a political opposition – especially when considering the cumulative and systemic impact of the legislative framework as a whole, including the recent amendments that expanded the grounds for banning political parties and which barred any individual working for a ‘foreign agent’ from joining a political party or an ‘organisation with declared party-political objectives’ for eight years,” the opinion says.
“Rather than protecting the constitutional order, this legislation therefore risks undermining it profoundly. It is contrary to international standards on pluralism and democracy,” the commission concluded.
The Amendments
The legislative package, adopted by the Georgian Dream-led Parliament on October 16, 2025, amended four laws to extend restrictions applying to parties declared unconstitutional to individuals associated with such parties.
The amendments were introduced amid GD’s push to seek the banning of key opposition parties through an appeal to the Constitutional Court. While the ruling party has resubmitted its constitutional claim several times, seeking to outlaw five parties, it has so far refrained from invoking the amendments that allow it to impose restrictions on individual members and figures. The Court announced on October 13 that it started considering the appeal on its merits, and scheduled first hearings on October 21-22-23.
Under the amendments to the Organic Law on the Constitutional Court, such individuals are barred from founding, joining or leading political parties, holding political office or serving in party leadership bodies. The changes also allow for the termination of their electoral mandates and removal from party lists.
Amendments to the Criminal Code introduce fines for political parties that fail to comply with or obstruct the enforcement of Constitutional Court decisions imposing these restrictions.
Changes to the Law on Political Associations of Citizens and the Election Code allow authorities to deny registration to parties involving such individuals, bar them from running in elections and disqualify party lists containing them. The amendments also prohibit these individuals from donating to political parties.
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