As part of one of its election promises, the Georgian Dream party is initiating procedures to ban opposition political parties. According to a new draft, if the Constitutional Court determines, based on a complaint, that a particular political party is taking concrete steps to overthrow the constitutional order or change the government through violence, it will be declared dissolved. Moreover, individuals affiliated with such a party will be banned from establishing new parties in the future.
Leaders of Georgian Dream claim this move protects the state and sovereignty, and see nothing undemocratic in it. Additionally, the government has adopted legislation concerning the media, a Georgian version of the Foreign Agents Registration Act (FARA), and three other laws. Why has the ruling party initiated these legislative changes and the decision to ban parties? What is the main objective behind these actions?
Constitutional law expert Vakhushti Menabde spoke to Front News about these and other issues.
– A change to the law regarding the Constitutional Court requires it to deliver a ruling no later than 9 months after a complaint is filed, or within 14 days during an election period. If a party is banned or self-dissolves, its remaining assets will be transferred to the state treasury. Georgian Dream plans to adopt this amendment unanimously and in fast-track mode during the current parliamentary week. Do you think the party truly intends to pass this law, or is this just a political maneuver?
Georgian Dream certainly has the resources to do this. It has solid control over the Constitutional Court and manages appointments effectively, so I have no doubt they can do it—if they want to, they will. The question is whether they consider it politically beneficial. The final outcome depends entirely on that assessment. If they deem it appropriate, they will act accordingly.
– But would you agree that Georgian Dream still needs the opposition in order to maintain the appearance of fair elections, especially given pressure from the West? Wouldn’t this look like self-destruction and provide the opposition and international partners with stronger arguments about repression?
– Again, it depends on the political cost. If Georgian Dream calculates that it won’t face heavy consequences or major backlash, it will go ahead. It’s all about their political assessment, which may or may not turn out to be accurate. They will certainly consider this. They won’t eliminate the entire opposition but will likely create proxy opposition forces. These will be parties branded as “constructive opposition,” like People’s Power. These types of parties will take part in elections, appearing as opposition in name only. Everything depends on how the political field is rearranged.
– On April 1, Georgian Dream passed the FARA bill in its third reading, amended media legislation, removed “gender” from existing laws, and reinstated the criminal provision for “treason.” The government claims these five new laws will reduce the risks of revolution or regime change. Why did they really push for FARA, and what is the key motivation behind these legislative changes?
– All these legal reforms serve several purposes. The first is to neutralize the opposition movement. By passing a variety of laws, they’re creating barriers that the opposition and its leaders will struggle to overcome. So far, Georgian Dream has failed to fully implement the “agents’ law” or use it effectively, mainly because civil society has strongly resisted it. Now they want to send a clear message: either you’re with us, or you’re under this repressive legislation. This applies to NGOs, academia, media, activists—everyone. They’re taking the keys to every door to gain access and control.
That’s the key message from Georgian Dream. The specific legal details—what each article says—don’t matter as much. What matters is the signal: “You’re either on our side, or you’ll be punished.”
– The Central Election Commission (CEC) recently made a controversial decision. According to the NGO sector, under the new changes, anyone allowed inside polling stations is now forbidden from requesting or collecting voters’ ID documents. The CEC later responded in writing, calling the criticism another “manipulation campaign,” and noted that “the election code has always prohibited the processing or sharing of voters’ personal data.” So, where is the issue? What kind of decision is this?
– This is part of Georgian Dream’s preparation for the elections—whether snap or the scheduled local elections in October. The party needs a tailored legal framework to facilitate election manipulation and to hinder monitoring efforts. That’s how these changes should be understood. I also believe that the removal of Giorgi Liluashvili and other recent cabinet reshuffles are part of this preparation. I don’t know exactly what’s happening behind the scenes or why Liluashvili declined to continue in the new ministry, but it’s clear that preparations are already underway, and this government reshuffle signals that.
– What’s your take on the sanctions imposed on judges? Chinchaladze and Murusidze have now been sanctioned by the UK. The government claims this is an attempt to blackmail judges and part of Western efforts to take control of the judiciary. Prime Minister Irakli Kobakhidze even met with the judges. Do you think these sanctions could cause cracks within the judiciary?
– Of course, fear of sanctions exists among other judges as well. UK sanctions are no joke. That’s why the government has pledged to protect any sanctioned individuals. I don’t think we’re at the stage where judges will start speaking out or rebelling, but to prevent that very outcome, Kobakhidze met with them. He clearly provided guarantees that if they are sanctioned, the government will stand by them.
Elza Paposhvili