The Legal Affairs Committee deliberated on the Draft Law on Assemblies and Demonstrations with companion Bills for the I reading and expedited procedure.

As the reporter, Chair of the Committee, Archil Gorduladze, noted, an organizer of a spontaneous or non-spontaneous assembly or manifestation, who is currently obligated to notify municipal authorities in advance, will now be required to notify the Ministry of Internal Affairs, as provided by the Constitution.

“The Ministry of Internal Affairs will be granted the authority previously held by municipalities to determine, within three days, whether holding an assembly or manifestation at a specific time, in a specific place, or along a specific route infringes upon the rights of others, hinders the proper functioning of enterprises or institutions, or affects public safety. Only in such cases will it be authorized to make a decision and propose an alternative time or place where the assembly or manifestation may be held. If individuals do not accept the Ministry’s proposal and nonetheless gather at the location where they were advised not to assemble, they will face liability—up to 15 days of administrative detention, and in case of repetition, imprisonment for up to one year under criminal law. These rules apply to non-spontaneous assemblies,” - stated Archil Gorduladze.

According to him, in the case of spontaneous assemblies, the current legislation (as considered by the Parliament of Georgia when enforcing the 2023 Constitutional Court decisions) also requires that a warning be issued within reasonable limits.

“If an assembly or manifestation is not violating the rights of others at the moment of warning, but later turns into a violation, the Ministry of Internal Affairs will warn the participants and inform them that their actions are infringing upon the rights of others. In this case, the assembly will not be terminated, but participants will be subject to administrative liability. Furthermore, according to the amendments, if the participants of an assembly or manifestation block a road en masse, the Ministry of Internal Affairs will warn them and grant 15 minutes to cease the violation. If the violation is not stopped within 15 minutes — meaning the roadway is not cleared — the entire assembly will be deemed unlawful. Consequently, a decision will be made to terminate the assembly, and each participant will bear liability in accordance with the law, which includes administrative detention for up to 15 days or criminal liability for up to one year. Individuals who block the road not en masse, but individually enter the roadway, will also be held liable; however, other participants who do not block traffic, do not obstruct pedestrian movement, and do not violate the rights of others will not be held responsible and will be able to express their protest in accordance with the law,” - stated Archil Gorduladze.

As he emphasized, the current legislation does not adequately ensure, on the one hand, the exercise of the right to assembly and manifestation, and on the other hand, the effective protection of the rights of others.

Therefore, it is essential to maintain a balance between the exercise of the right guaranteed by Article 21 of the Constitution and the protection of other rights guaranteed by the Constitution and other legislation.