Georgia’s European Future: What the EU Expects for Deoligarchization?

Blog Post 9 October 2024

Author: Dr. Tinatin Akhvlediani, Research Fellow at Centre for European Policy Studies (CEPS)

 

In June 2022, Georgia received the European perspective, followed by the long awaited candidate status in December 2023. While this marks significant progress in Georgia’s European integration journey, the road ahead remains fraught with challenges. Chief among these is Georgia’s recent democratic backsliding, largely driven by the influence of Bidzina Ivanishvili, the country’s wealthiest man and de facto ruler. His control over key institutions threatens to derail Georgia’s European aspirations, making the EU’s demand for deoligarchization a central and urgent condition for the country’s progress.

 

While the list of conditions does not explicitly detail how Georgia should tackle the daunting task of deoligarchization—especially when the country’s richest man holds significant sway—the way these conditions are framed (initially twelve and now nine) provides clear guidance on what is expected. Furthermore, the Venice Commission’s opinions offer a more concrete understanding of the EU’s expectations, emphasizing a systemic approach to dismantling oligarchic influence.

 

The Venice Commission’s opinion and recommendations are particularly instructive, urging Georgia to adopt a systemic approach rather than a personalized one. Unfortunately, Georgia's initial draft law on deoligarchization has taken a personal approach, which risked stigmatizing individuals based on vague criteria. This carries significant human rights risks and could lead to the arbitrary application of the law. The danger is even more pronounced as the law could be used to target opposition figures, or free media representatives instead of deoligarchising the country. Such a misuse would not only fail to address the deeper structural issues at play but would also undermine democratic processes in the country.

 

The systemic approach that the Venice Commission advocates involves judicial reforms that strengthen the independence and integrity of the judiciary, especially in high-profile cases. Georgia’s courts have often come under scrutiny for lacking impartiality especially in cases of importance to the ruling elite. Ensuring that the judiciary operates independently is a crucial first step in deoligarchization.

 

Another priority is strengthening competition policy to safeguard the country from oligarchic forces. This requires enhancing anti-trust legislation and empowering the National Competition Agency to address the market distortions caused by oligarchic influences. Tax reforms are also a vital part of the systemic approach. The EU expects Georgia to eliminate preferential tax treatment and exemptions that oligarchic structures benefit from.

 

Media transparency is another area where reforms are urgently needed. Oligarchs often control media outlets, using them to manipulate public opinion and distort democratic processes. Ensuring transparent media ownership and freeing the media from oligarchic influence are essential for the health of Georgia’s democracy.

 

The systemic approach also calls for election campaign finance reforms, as these donations are often used to maintain oligarchic control over political parties and election campaigns. In addition, the systemic approach emphasizes the need for parliamentary oversight of security services and greater efforts to separate key government agencies from the ruling elite.

 

Having all this in mind, it becomes clear that the nine conditions set out by the EU for Georgia’s candidacy in fact reflect the systemic approach for deoligarchisation. For instance, the conditions require Georgia to undertake holistic judicial reforms including a comprehensive reform of the High Council of Justice and the Prosecutor’s Office, as well as ensuring the independence and impartiality of the Anti-Corruption Bureau, the Special Investigative Service, and the Personal Data Protection Service. Conditions also require the country to strengthen parliamentary oversight, particularly regarding security services, to curb oligarchic influence.

 

Furthermore, the nine conditions call for media freedom and increased civil society engagement in legislative and policymaking processes, both of which are vital to diminishing the influence of oligarchs. And above all, the list of the conditions start with the need to fight disinformation and interferences against the EU values, which require Georgia to uphold democratic values, the rule of law, and human rights at the highest level.

 

So the nine conditions set out for Georgia’s European integration should be read in the light of the EU’s approach of systematically rooting out oligarchic influence in the country. In other words, addressing these nine conditions will also result in de-oligarchisation of the country.

 

However, with the ruling party backed by Georgia's most influential oligarch, it is no surprise that the nine conditions set by the EU have not been met to its satisfaction. Instead of closing tax loopholes, the government recently amended the tax code, allowing tax-free transfers from tax havens—that directly contradict the EU’s expectations. The establishment of the National Anti-Corruption Bureau, has also been underwhelming as the Bureau lacks the legislative teeth needed to tackle not only low-level corruption but the deeply entrenched structures that sustain oligarchic control and the appointment and dismissal of the head of the Bureau remains in the hands of the Prime Minister. And the adoption of the so-called ‘Foreign Agent’ Law poses a direct threat to media freedom and civil society, undermining the very pillars of democracy that the EU demands Georgia protect.

 

Rather than enacting meaningful legislation that reflects the systemic approach to deoligarchization, the ruling party has opted for an action plan - one that appears more like an attempt to buy time than to enact real change. This lack of political will to address oligarchic influence halts the necessary reforms, signaling that the government is reluctant to challenge the interests of the oligarchic elite that props it up.

 

In this regard, deoligarchization is not just a political requirement—it is fundamental to Georgia’s democratic future and its European integration. In the end, Georgia’s path to European integration depends on more than just fulfilling technical conditions. It is about choosing between democracy over oligarchy and autocracy, between a European future or going back to the Soviet style terror and corruption. Therefore, it is crucial that Georgia fully complies with the nine conditions outlined for its integration into the European Union, as these reforms will determine the country’s trajectory toward a democratic and European future.

 

 

 

This op-ed is made possible by the generous support of the United States Agency for International Development (USAID) and the opinions expressed herein do not necessarily reflect the views of USAID or the United States Government.
 

The content of this op-ed was prepared in the frames of the “Public Policy Pilot Initiatives to Engage and Mentor Youth” project implemented by the Institute for Development of Freedom of Information (IDFI) and is the sole responsibility of the author.

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