An independent, politically neutral, and impartial public service is a necessary precondition for the democratic development of a country. Public administration reform was one of the important components of the Association Agreement signed between Georgia and the European Union in 2014 (Article 4). The reforms put into place based on the Association Agreement were met with a positive response from civil society and the European Parliament.

In the past two years, public servants have repeatedly issued statements opposing within the legal framework, to decisions made by the Georgian Dream that threatened the Georgian people’s foreign-political aspirations as reflected in the Constitution. In response, representatives of the Georgian Dream resorted to threats against public servants. Irakli Kobakhidze stated that they would react accordingly to the actions of public servants. Kakha Kaladze, meanwhile, dubbed this process as “self-lustration” and linked it to the planned reorganization in the Tbilisi City Hall. On 9 December 2024, Mamuka Mdinaradze announced legislative amendments, which were adopted in the third reading on December 13. The amendments simplify the reorganization process in public service and reduce the independence of public servants.

The initially announced amendments envisaged a new basis for the reorganization of a public institution - adding new functions or changing existing functions for each employee in a structural unit. However, prior to the adoption of the draft law in the second reading, the mentioned amendment was withdrawn. Nevertheless, after the adoption in the third reading, the rule remains in place according to which a public servant dismissed on the grounds of reorganization will no longer be subject to mobility to another position or institution, but will be unconditionally dismissed from the position. In addition, appealing a decision on dismissal as a result of reorganization will not result in the suspension of the disputed act. A court decision to satisfy the appeal will not become a basis for the reinstatement of the person to the position, instead, severance pay and compensation in the amount of 3 months' salary will be given, and if desired, the person concerned will be included in the civil service reserve.

In addition to the rules related to reorganization, the amendments authorize heads of public institutions to alter the evaluation of the public servant prepared by the direct supervisor within 1 month. This undermines the independence of civil servants and their direct supervisors and increases the possibility of pressure from the head of a public institution.

It raises serious concerns that after adoption in the first reading, more repressive mechanisms were added to the draft law. In particular, the heads and deputies of the primary structural unit of a public institution will be employed under an administrative contract. In addition, the duration of their administrative contract will be defined according to the term of office of the head of the corresponding public institution. Representatives of Georgian Dream explain this amendment with the need for trust towards the person employed in the highest managerial position, but in reality, the purpose of the amendment is to remove these officials’ legislative guarantees and ensure their obedience. The aforementioned rule, as well as simplified reorganization rules, will also apply to Legal Entities under Public Law during the transitional period. In addition, according to the new rule added to the draft law, should an official receive an unsatisfactory evaluation, 20% of their salary will be withheld until the start of the next evaluation period (once every 6 months). It should be underlined that some of these amendments directly contradict the constitutional guarantees of freedom to hold and perform public service.

The purging of the Georgian public service of people with free will and high political resilience is a process that began years ago. IDFI believes that the main purpose of the adopted legislative amendments is to intimidate public servants so they refrain from expressing opposition to the apparent violation of Georgia’s Constitution and the attempt to isolate the country from the international community.

IDFI believes that the content of the amendments to the Law “On Public Service” and their expedited adoption process is an additional confirmation that if Georgian Dream succeeds in restricting freedom of expression in the country and isolating Georgia from the democratic world, it will initiate a broader purge of various sectors, including the public service, of individuals deemed unacceptable to the party.