On February 9, 2024, the Parliament passed, in the second reading, amendments to the electoral legislation that once again change the procedure of forming the Central Election Commission (CEC), contrary to the conditions set for our country by the European Commission in return for awarding the status of a EU candidate. The amendments fail to take account of any of the recommendations of the Venice Commission and the OSCE/ODIHR; they retain the one-party control over the election of the Chairperson and non-partisan members of the CEC and abolish the position of the Deputy Chairperson of the CEC which has been designed for the opposition.

The contents of the legislative amendments

In June 2023, well before the initiation of the aforementioned amendments, the Parliament had already changed the procedure of election of the Chairperson and members of the CEC, by which it had finally abolished the CEC formation model adopted in the framework of the so-called “Charles Michel Agreement”: the authority to hold competitions for candidates and to nominate them to the Parliament shifted from the President of Georgia to the Speaker of the Parliament, and it became possible to elect the Chairperson/members of the CEC by a parliamentary majority (76 votes). TI Georgia criticized those changes at the time when they were still a draft law. 

According to the current amendments that have already been passed in the second reading, more changes are being made to the Election Code and the Rules of Procedure of the Parliament, according to which after the Speaker of the Parliament nominates candidates for the position of the Chairperson/member of the CEC, in the first vote, they will need to obtain the support of 3/5 of MPs (90 votes) to be elected; but if the Parliament fails to elect the candidate for the position of the Chairperson/member of the CEC with 90 votes, in the next phase of voting, the Parliament may elect him/her by a majority of all members of the Parliament (76 votes). For this, the Parliament is given two attempts. If the Parliament fails twice to elect the candidate with 76 votes, the authority to appoint the Chairperson/member of the CEC shifts to the President of Georgia who may appoint the candidate at his/her sole discretion. It should be noted that according to the draft law, the Chairperson/member of the CEC will be appointed for a full term of five years even if he/she is elected with a lowest quorum.

The amendments also abolish one of the two positions of the Deputy Chairpersons of the CEC, the one which has been designed for a representative of the opposition. The powers of the current Deputy Chairperson, Giorgi Sioridze, who represents Lelo for Georgia party, will be terminated as soon as the amendments take effect.  

Thus, the draft law does not substantially alter the procedure of forming the CEC: under the circumstances that the ruling party has enough majority in the Parliament to elect to the positions of the CEC Chairperson/member the candidates of its own choice, the one-time quorum of 3/5 and the President’s involvement in the process at the fourth stage of election of candidates will remain a pure formality and will not, in practice, increase the possibility of forming the CEC on the basis of a multi-party consent. In addition, the abolition of the position of the Deputy Chairperson of the CEC designed for the opposition, will be a step backwards, which will further strengthen the ruling party’s total control over the commission.  

The Joint Opinion of the Venice Commission and the OSCE/ODIHR of December 18, 2023

After the   amendments were adopted in the first reading, the Speaker of the Parliament, Mr. Shalva Papuashvili, forwarded them to the Venice Commission. The Venice Commission, jointly with the OSCE/ODIHR, released an opinion on the draft amendments on December 18, 2023.

In connection with the procedure of forming the CEC, the Joint Opinion of the Venice Commission and the OSCE/ODIHR set forth the following recommendations:

• At the time of election of the Chairperson and non-partisan members of the CEC, in the first vote, the quorum should be 2/3 of the MPs (100 votes), with a further anti-deadlock mechanism; candidates should be elected with a simple or absolute majority only in an extreme case as a way out of a deadlock;
• The interval between the votes should increase;
• The authority to nominate candidates should again be transferred from the Speaker of the Parliament to the President of Georgia;
• Decisions by the Speaker of the Parliament or the President of Georgia on nomination or rejection of a candidate should be reasoned;
• The position of the Deputy Chairperson of the CEC that was designed for the opposition should be restored;
• The term of the Chairperson or member of the CEC who was not elected with a full quorum should be significantly limited in time.^[1]

The recommendations listed above concerned the version of the draft law adopted in the first reading. However, the Parliament adopted the draft law in the second reading without taking account of any of the above recommendations of the Venice Commission and the OSCE/ODIHR.  

Conclusion

In addition to the fact that the draft law contradicts the Opinion of the Venice Commission, it is also in conflict with the nine steps defined by the European Commission,^[2] which, together with other requirements, call for taking full account of the recommendations of the OSCE/ODIHR and ensuring independence and impartiality of the Election Administration. If adopted, the draft law will continue the tendency of full concentration of power in the hands of the ruling party enabling the latter to maintain an unfettered authority to elect the professional members of the CEC and exercise full control over the entire vertical of the Election Administration.

We believe that adoption of the draft law in its current shape is not going to contribute to the enhancement of the electorate’s trust in the Election Administration and to holding free, fair, and competitive parliamentary elections on October 26 of this year. In addition, the draft law may also seriously hinder the process of Georgia’s integration into the European Union.  

We call upon:

• The Parliament of Georgia: to refuse to pass the draft law in its current shape and to develop and approve as soon as possible the amendments that will be in full compliance with the recommendations of the Venice Commission;  

The President of Georgia: to apply the veto powers granted by the Constitution in the event of adoption of the draft law in the third rea

^[1] See Subparagraphs A-F of Paragraph 57 of the Opinion.

^[2] Step 4: Ensure a free, fair and competitive electoral process, notably in 2024, and fully address OSCE/ODIHR recommendations. Finalise electoral reforms, including ensuring adequate representation of the electorate, well in advance of election day.

Step 5: Further improve the implementation of parliamentary oversight notably of the security services. Ensure institutional independence and impartiality of key institutions, notably the Election Administration, the National Bank, and the Communications Commission. See in full:  https://neighbourhood-enlargement.ec.europa.eu/system/files/2023-11/COM_2023_690%20Communication%20on%20EU%20Enlargement%20Policy_and_Annex.pdf