EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

Europaudvalget 2021-22
EUU Alm.del Bilag 579
Offentligt

Council of the

European Union

Brussels, 17 June 2022

(OR. en)

10323/22

ELARG 48

COEST 467

COVER NOTE

From:

date of receipt:

To:

No. Cion doc.:

Subject:

Secretary-General of the European Commission, signed by Ms Martine

DEPREZ, Director

17 June 2022

General Secretariat of the Council

COM(2022) 405 final

COMMUNICATION FROM THE COMMISSION

Commission Opinion on Georgia's application for membership of the

European Union

Delegations will find attached document COM(2022) 405 final.

Encl.: COM(2022) 405 final

10323/22

RELEX.4

GL/sb

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

EUROPEAN

COMMISSION

Brussels, 17.6.2022

COM(2022) 405 final

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN

PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL

Commission Opinion on Georgia's application for membership of the European Union

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

A. INTRODUCTION

Since its independence, Georgia has clearly expressed its European aspirations. This European

ambition is included in the Georgian Constitution, and is supported by the people of Georgia

(83% of Georgians approve joining the EU

) and across the political spectrum. This has been a

driver for a number of key reforms founded on European values

and standards. Georgia’s

commitment to progress on its European path was underlined by the Government’s initial

intention to submit an application in 2024.

a) Application for membership

On 3 March 2022, Georgia presented its application for membership of the European Union.

The application was tabled in the context of Russia’s war of aggression against Ukraine.

On 7

March 2022, the Council of the European Union requested the Commission to submit its

opinion on this application. EU Heads of State and Government endorsed this decision at the

informal leaders meeting in Versailles

. Georgia received questionnaires on 11 April 2022 on

the political and economic criteria and on 19 April on the EU

acquis

chapters and provided its

replies on 2 May and on 10 May.

Article 49 of the Treaty of the European Union states that ‘Any

European State which respects

the values referred to in Article 2 and is committed to promoting them may apply to become a

member of the Union. The European Parliament and national parliaments shall be notified of

this application. The applicant state shall address its application to the Council, which shall

act unanimously after consulting the Commission and after receiving the consent of the

European Parliament, which shall act by a majority of its component members. The conditions

of eligibility agreed upon by the European Council shall be taken into account.’

Article 2

states that ‘the

Union is founded on the values of respect for human dignity, freedom,

democracy, equality, the rule of law and respect for human rights, including the rights of

persons belonging to minorities. These values are common to the Member States in a society in

which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women

and men prevail.’

This is the legal framework within which the Commission submits the present Opinion.

In June 1993, in Copenhagen the European Council concluded that:

‘Accession will take place as

soon as a country is able to assume the obligations of membership

by satisfying the economic and political conditions required.

Membership requires:

- that the candidate country has achieved stability of institutions guaranteeing

democracy, the rule of law, human rights and respect for and protection of minorities;

- the existence of a functioning market economy, as well as the capacity to cope with

competitive pressure and market forces within the Union;

- the ability to take on the obligations of membership including adherence to the aims of

political, economic and monetary union’.

In December 1995, the Madrid European Council referred to the need

"to create the conditions

According to the January 2022 National Democratic Institute (NDI) survey.

20220311-versailles-declaration-en.pdf (europa.eu)

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

for the gradual, harmonious integration of [the applicant] countries, particularly through the

development of the market economy, the adjustment of their administrative structures and the

creation of a stable economic and monetary environment."

In December 2006, the European Council agreed that

‘the enlargement strategy based on

consolidation, conditionality and communication, combined with the EU's capacity to integrate

new members, forms the basis for a renewed consensus on enlargement’.

In this Opinion, the Commission assesses Georgia's application on the basis of its capacity to

meet the criteria set by the European Council in Copenhagen in 1993, as well as in Madrid in

1995, notably regarding the country’s administrative capacity. The Opinion also takes into

account Georgia’s efforts in implementing its obligations under the Association

Agreement

(AA) and Deep and Comprehensive Free Trade Area (DCFTA). The Commission will assess

the impact of Georgia’s accession on the EU policy areas at a later stage.

b) Relations between the EU and Georgia

The beginning of the EU-Georgia relations dates back to the times following the independence

of Georgia in 1991. The European Community established relations with Georgia in 1992. In

1996, a Partnership and Cooperation Agreement was signed (PCA), which entered into force in

1999.

An Association Agreement (AA), including a Deep and Comprehensive Free Trade Area

(DCFTA) was signed in June 2014, and fully entered into force on 1 July 2016. The

AA/DCFTA is the key bilateral legal instrument serving as the basis for deepening political

ties, stronger economic linkages, the promotion of common values and enhanced cooperation in

areas of mutual interest. The agreement contains binding provisions and provides for enhanced

cooperation. In its preamble, the EU acknowledged the European aspirations and the European

choice of Georgia, including its commitment to building a deep and sustainable democracy and

a market economy. Based on the AA/DCFTA, Georgia has carried out a number of challenging

reforms and successfully approximated its legislation with the EU

acquis

in many areas. The

EU-Georgia Civil Society Platform (CSP) is one of the bodies set up under the Association

Agreement between the European Union and Georgia. It enables civil society organisations on

both sides to monitor the implementation process and prepare recommendations to the relevant

authorities.

The subsequent Association Agendas agreed between the EU and Georgia establishes clear

priorities in order to implement the Association Agreement and its DCFTA. The adoption of

the new Association Agenda (2021-2027), which focuses on democracy, human rights and

good governance; freedom, security and justice; and economic, trade and sectoral cooperation,

is imminent.

The Georgian government does not exercise effective control over its regions of Abkhazia and

South Ossetia. The EU supports Georgia’s sovereignty and territorial integrity within its

internationally recognised borders and has been engaged since 2008 in peaceful conflict

resolution efforts, including through the EU Monitoring Mission and the EU Special

Representative for the South Caucasus and the crisis in Georgia.

The EU’s commitment to supporting Georgia is long-standing

and has delivered results. The

EU is the biggest provider of financial assistance to Georgia. Over the years 2014-2021, EU

support amounted to EUR 819.2 million in grants under the European Neighbourhood

Instrument, EUR 166 million under the Macro-Financial Assistance programme in the form of

loans and grants to support socio-economic development, and EUR 159.6 million from foreign

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

policy instruments. The EU provides its support to Georgia through policy development and

comprehensive reforms, with the strong involvement from EU Member States in a Team

Europe spirit. Among the key programmes are the support to agriculture and rural development

(ENPARD), support to public finance management, as well as the support to economic and

business development.

The Economic and Investment Plan for the Eastern Partnership

seeks to unlock EUR 3.9

billion in public and private investments for economic development of the country, including

tailored flagship investments.

The EU and other financial institutions have worked hand in hand to support Georgia’s reform

efforts. Since 2014, the European Bank for Reconstruction and Development and the European

Investment Bank have respectively allocated EUR 2.3 billion and EUR 1.6 billion in loans. The

EU is also working in close cooperation with the World Bank and the International Monetary

Fund, which have been key partners providing assistance to the country since 2014. EUR 12,5

million have been allocated in 2021

to strengthen the capacities of the Georgian defence forces’

medical, engineering and logistic units.

Citizens of Georgia enjoy visa-free travel to the Schengen area since March 2017. An

agreement on readmission between the European Union and Georgia is in force since 2011.

Georgia is a contracting Party to the Energy Community Treaty and the Agreement on the

Common Aviation Area, which assist in approximating Georgian legislation to the EU

acquis.

The country is also a full member of the United Nations, the Council of Europe and a

participating state of the Organisation for Security and Cooperation in Europe (OSCE).

Since 2014 Georgia has progressively extended its participation in EU programmes. It currently

takes part in Horizon Europe, Creative Europe, EU4Youth, and the Black Sea Interreg

programme and has recently joined the Customs programme. Organisations and individuals

from Georgia can also benefit from certain actions of the Erasmus+ and European Solidarity

Corps Programme. In November 2018 a high-level meeting between the European Commission

and the Georgian government took place in Brussels.

The country has also concluded working arrangements or memoranda of understandings with a

number of EU agencies such as the European Border and Coast Guard Agency (Frontex); the

European Union Aviation Safety Agency (EASA); the European Union Agency for Criminal

Justice Cooperation (EUROJUST); the European Fisheries Control Agency (EFCA), the

European Agency for Safety and Health at Work (EU-OSHA), the European Environment

Agency (EEA), the European Food Safety Authority (EFSA), the European Centre for Disease

Prevention and Control (ECDC), the European Union Agency for Law Enforcement Training

(CEPOL), the European Training Foundation (ETF), the European Monitoring Centre for

Drugs and Drug Addiction (EMCDDA), the European Union Intellectual Property Office

(EUIPO), the European Police Office (Europol), and the European Maritime Safety Agency

(EMSA).

Georgia is a participant

the Eastern Partnership (EaP). The EaP is based on the principle of

inclusivity and differentiation. Russia’s war in Ukraine has shown that multilateral cooperation

and cohesion is now more important than ever, as is strengthening the resilience of the region.

A focus on bilateral relations will also be important going forward, to allow Georgia to

implement key reforms including in the field of governance, justice and rule of law.

SWD(2021) 186 final

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

CRITERIA FOR MEMBERSHIP

POLITICAL CRITERIA

This assessment is based on the Copenhagen criteria, related to the stability of institutions

guaranteeing democracy, the rule of law, human rights and respect for and protection of

minorities.

1.1. Democracy

As established by its

Constitution,

Georgia is a parliamentary democracy in which the

legislative powers are exercised by the Parliament, and the executive powers by the

Government. The Constitution guarantees the fundamental principles of a democratic state,

including the rule of law, free elections and the protection of human rights. The primacy of

international law is explicitly stipulated by the Constitution, which states that an international

treaty takes precedence over domestic law unless it comes into conflict with the Constitution or

a Constitutional Agreement.

The Supreme Court is the highest court of general jurisdiction, whereas the Constitutional

Court exercises constitutional jurisdiction.

The

President

of Georgia is the head of State, elected for a five-year term of office. He/she is

formally head of the armed forces and has otherwise mostly representative functions, including

representing the country in foreign relations, with the consent of the Government. The

executive power is exercised by the

Government,

consisting of a Prime Minister and 12

Ministers.

The

Parliament

is the legislator in Georgia, adopting legislation, including amendments, to the

Constitution. It exercises democratic control and oversight over the executive branch. Not all

parliamentary procedures function properly in the spirit of control and accountability, mostly

due to strong tensions between two main political parties as political dialogue is polarised. The

EU-mediated 19 April 2021 agreement provided an opportunity to tackle this polarisation and

to forge a cross-party consensus on crucial reforms notably in the electoral and judicial fields.

This opportunity has not been seized by Georgia’s political elites.

More needs to be done to

reduce this polarisation, and improve oversight and control of the Parliament over the

government and effective scrutiny of legislative developments by Parliament.

The

electoral framework

is overall in line with relevant international standards. Through 2020

Constitutional amendments, the parliamentary elections of 2020 were held under a mixed

system of 120 proportional and 30 majoritarian seats in Parliament, with a 1% threshold. Also

in line with these amendments, the parliamentary elections scheduled in 2024 will be fully

proportionate. Further constitutional amendments envisaged by the 19 April agreement, setting

inter alia the threshold to enter Parliament from 2024 onwards, are pending in Parliament.

According to the Office for Democratic Institutions and Human Rights (ODIHR), the 2020

parliamentary elections were competitive and, overall, fundamental freedoms were respected

ODIHR also highlighted allegations of voter pressures, vote buying and the blurring of the line

between the ruling party and the state. More needs to be done regarding the transparency of

campaign and political party financing and countering the misuse of state resources, electoral

dispute resolution, criteria for granting and conducting recounts, as well as balanced and

impartial media coverage. The recommendations made by ODIHR in 2020 and 2021 should be

fully addressed

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

The urgency procedure to pass legislation, including in areas relevant to EU commitments, has

been used often and, at times, for institutionally sensitive issues that would have merited a

broader consensus. There is a legal framework providing for comprehensive impact

assessments of proposed legislation, but it is only partially implemented.

Independent accountability and democratic oversight functions, including through the Public

Defender’s office should be strengthened, as well as effective oversight on law enforcement

agencies and the control of personal data processing.

Civil society

in Georgia is well developed, diverse, vibrant and enjoys freedom to operate. The

country’s legal framework provides an enabling environment for an active civil society.

Freedom of association is protected, and specific rules for the non-profit sector, including a

differentiated tax regime, are in place. Mechanisms for consultation with the public in policy-

making and law-making exist and are used. Recently, some CSOs have been excluded from

policy consultation; this needs to be corrected.

1.2. Public administration reform

The public administration legal framework and the civil service system are mostly in line with

European public administration principles and European standards and practices. The

government needs to continue to implement the legislation and ensure a stable, accountable and

transparent civil service system.

Successive governments followed a

strategic framework for public administration reform,

based on the 2015-2020 public administration reform (PAR) strategy. A new PAR strategy is

being elaborated. The Government Programme 2021-2024,

‘Toward Building

a European

State’, outlines a vision for building a professional, honest and streamlined system of state

governance.

Regarding

multi-level governance,

the Government Programme 2021-2024 focuses on de-

concentrating and decentralising the system of state governance in order to establish successful

European-standard local self-government by 2024, and transform sectoral-centralised

governance into effective local-territorial governance.

The reform of

public financial management

(PFM) is based on the 2019-2022 PFM strategy.

A new PFM strategy is currently being developed. The Government’s medium-term

budget

framework for 2022-2025 is in place and the 2022 budget as well as the annual budget process

are reasonably well developed. Budget transparency remains strong and reforms are being

addressed in the area of external audit, parliamentary oversight and public procurement.

The

public service and human resources management

is based on a coherent legal

framework, which guarantees the implementation of the civil service system and continuity in

the modernisation and capacity building of public administration. More work is needed to

ensure a merit-based, professional civil service at all levels of the administration, as well as

transparent recruitment, promotion and dismissal procedures.

The institutions and the regulatory framework for central government

policy development and

coordination

are in place and functioning. This is a regulatory and procedural foundation for

evidence-based policy making. This framework needs to be enforced, and there is room for

further strengthening the capacity and implementation of policy-monitoring.

The central government is rationally organised, and the legal framework is being improved to

ensure efficient and coherent

accountability

lines between supervisory and subordinated

bodies. Access to public information is ensured by a legal framework, but the administrative

capacity for its effective implementation needs to be further enhanced following a review of the

overall framework.

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

A key government priority is to ensure a more user-oriented

service delivery.

Georgia has

expanded the ‘one-stop-shop’ network of

public services at central and local level and the

government offers

many e-public services.

The Basic Data and Directions 2018-2021 strategy

focused on the need to modernise and expand public services to serve citizens more effectively.

Furthermore, the Public Administration Reform Roadmap 2020 identified some gaps in public

service design and delivery to be addressed.

1.3. Rule of law

In recent years, the country has undertaken numerous legislative and institutional reforms

aimed at strengthening the rule of law, including in the areas of the fight against corruption and

organised crime. Overall the constitutional and legal instruments are in place to guarantee the

respect of the rule of law at all levels. However, practical implementation and enforcement

need to be consolidated. Moreover recent developments have not been in line with the

recommendations of the Venice Commission and weakened the independence of key judicial

institutions.

a) Judiciary

Four successive waves of reform have improved the legal framework regarding the functioning

of the judiciary and the capacity and organisation of the Georgian justice system. However,

progress on justice reforms and their implementation has now stalled and some backward steps

have been taken. Public perception of the independence of the judiciary has deteriorated.

Georgia has not yet adopted a strategic framework for justice reform post-2020.

The

constitutional and legislative frameworks,

in principle, guarantee the independence of

the judiciary and its impartiality, including specific guarantees for judges. Codes of ethics for

judges and prosecutors are in place, as is a complaint mechanism. A system of verification of

asset declarations of judges and prosecutors exists, but its practical implementation needs fine-

tuning.

The appointment of judges and prosecutors is largely based on merit and objective criteria, as

assessed through public competitions. Presidents of individual courts are appointed by the High

Council of Justice. However, as a matter of priority, a substantive reform of the High Council

of Justice is required to increase its transparency, integrity and accountability, including in

appointments, appraisals, promotions, transfers, disciplinary measures and appeals, in line with

the Venice Commission and the Organisation for Security and Co-operation in Europe

(OSCE)’s Office for Democratic Institutions and Human Rights recommendations (ODIHR).

The five non-judge members of the High Council of Justice have not been appointed despite

long-overdue vacancies. Concerns were expressed over the process of recent appointment of

two judge members of the High Council of Justice. The published decisions of the High

Council of Justice should add explanations of their reasoning.

While a system for the nominal random allocation of cases to judges is in place, more needs to

be done to reduce numerous exceptions to this rule, so that the allocation of high-profile cases

is not influenced.

Appointments of all the Supreme Court judges for a life-long term were made despite repeated

calls by the EU to pause and revise the appointment process to bring it in line with the Venice

Commission recommendations. Georgia needs to bring the Law on common courts in line with

the advice of the Venice Commission in its opinions on the applicable legislation and the

ODIHR recommendations issued on the procedures.

Open access to reasoned court decisions in compliance with data protection rules has yet to be

fully ensured.

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

As regards the prosecution, the appointment process for the Prosecutor-General needs to be

improved to ensure the autonomy of the office/position of the Prosecutor

Georgia has

committed, in the Association Agenda, to introduce a qualified majority vote in Parliament,

which is the main recommendation of the Venice Commission in this respect.

The 2020 budget for the judicial system was EUR 32.4 million (0.23 % of GDP). The number

of judges (329) and the number of prosecutors (414) is low compared to the European averages

of 21 judges/12 prosecutors per 100,000 inhabitants (9 judges and 12 prosecutors per 100,000

inhabitants for Georgia

). Judges are trained at the High School of Justice, which is assessed as

adequate. Prosecutors are trained by the General Prosecutor's Office.

The Supreme Court publishes annual statistical data for each year of cases at the common

courts of Georgia. The High Council of Justice publishes activity reports covering several

years. An integrated case management system is in place, but needs to introduce a statistical

element. In terms of

efficiency,

the disposition time in civil and commercial litigious cases

increased to 433 days in 2020, compared to 274 days in 2018. The clearance rate decreased to

87 % (91 % in 2018). The disposition time remains a major concern. The backlog for pending

court cases amounts to 4 322 and 746 cases for the first and second instances, respectively.

b) Fight against corruption

Georgia has introduced substantial legal reforms regarding anti-corruption, approximating to

acquis

and international norms. It

is a participating state of the Council of Europe’s Group

of States against Corruption (GRECO) and the Anti-Corruption Network of the Organisation

for Economic Cooperation and Development (OECD/ACN). Georgia is a party to all key

international anti-corruption conventions, including the United Nations Convention against

Corruption (UNCAC). Corruption remains an issue that requires continued attention.

An important number of cases of corruption involving low and-medium level officials have

been successfully prosecuted, primarily in the public procurement field.

The system of asset declarations of public officials is in place, and the laws regulate conflict of

interests and protection of whistle-blowers. The scope of the law related to asset declaration, its

implementation and monitoring should be improved (as family members are not covered), and

whistle-blower protection needs to be strengthened. There is no single independent anti-

corruption agency that deals independently with conflicts of interest, verification of declared

assets, auditing the spending of political parties and whistle-blowers protection. The

administrative capacity to obtain effective control of party financing and electoral campaign

financing needs to be strengthened.

There are no specialised law enforcement, prosecution services or specialised courts dealing

with the fight against high-level corruption. More needs to be done to strengthen investigations

in this area. The anti-corruption entity is part of the State Security Services. Current

implementation of the policy is on-going, but the

anti-corruption policy in

Georgia is

negatively affected by the fact that the National Anti-corruption Council has not met since

2019. As of the beginning of 2021, the secretariat of the Council was moved from the Ministry

of Justice to the Government Administration and remains understaffed. No new national Anti-

Corruption Strategy and Action Plan for 2021-2022 has been developed yet.

As regards the

track record

of high-level corruption cases, a total of 28 verdicts have been

issued since 2020, out of which 21 were convicted for corruption, including a deputy minister,

deputy district prosecutor, governors and members of local councils. More needs to be done to

According to the Council of Europe European Commission for the Efficiency of Justice (CEPEJ)

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

tackle high-level corruption and in particular, to address the role of large scale vested interests

and their influence in both the economic and political sphere.

c) Organised crime

Georgia has ratified the United Nations Convention against Transnational Organized Crime, as

well as its protocols on Trafficking in Persons and on Smuggling of Migrants. In these areas the

criminal code is partially in line with the EU

acquis,

and anti-money laundering legislation

partially reflects the provision of FATF recommendations and relevant international legislation,

but there are still outstanding recommendations from MONEYVAL. Putting in place a

comprehensive framework for the fight against financial crime and money laundering, and

ensuring its effective implementation, are crucial to address the significant risks they pose.

Georgia’s criminal procedure code gives prosecutors up to ten years to trace and identify assets

after conviction. The law on the confiscation of criminal assets is partially aligned with EU

acquis.

The National Strategy on Combating Organised Crime 2021–2024 and Action Plan

2021-2022 were approved in September 2021.

Investigations of organised crime are conducted by several agencies and institutions, depending

on the nature of the crime. Coordination is ensured by Georgia's Inter-agency Coordination

Council for Combating Organised Crime. Crime statistics are collected by the Ministry of

Internal affairs in a case management data base.

Georgia concluded cooperation agreement with the European Union Agency for Law

Enforcement Training (CEPOL), an operational and strategic agreement with the European

Union's law enforcement Agency (Europol) and a Memorandum of Understanding with the

European Monitoring Centre for Drugs and Drug Addiction (EMCDDA). Georgia participates

in the European Multidisciplinary Platform Against Criminal Threats (EMPACT). The country

is a member of Interpol.

The number of organised crime convictions remains relatively low compared to the estimated

value of the criminal market. In 2020, Georgia prosecuted 5 high-level cases and a further 49

individuals were detained and charged for membership of criminal organisations. 152

cybercriminals were detained by the police and brought to justice.

The number of finalised criminal proceedings on alleged crimes committed by organised crime

groups has slowly increased in recent years but remains still relatively low (2021

–499

cases;

2020

–

377 cases; 2019

–

293 cases). There are very few finalised investigations of Trafficking

in Human Beings (2021

–

45 cases; 2020

–

57 cases; 2019

–

10 cases). There were 20 final

convictions for organised crime in 2020.

Georgia is located at a crossroads for the smuggling of illegal goods (in particular drugs and

arms) to the EU. Trafficking in human beings remains a concern: Georgia is primarily a

country of origin and, to a lesser extent, destination and transit, of victims of trafficking in

human beings. In 2020, 13 cases were prosecuted.

Georgia has made significant efforts to fight organised crime within the framework of its

national strategy and corresponding action plans, and has stepped up cooperation with Europol

and EU Member States. Continued and sustained efforts are needed, to further strengthen the

capacity of law enforcement services to effectively tackle organised crime. .

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

1.4. Fundamental rights

International framework

Georgia has ratified the main international human rights instruments, including the European

Convention on Human Rights, the UN Convention on the Rights of the Child and its Optional

Protocols, the Convention on the Elimination of all Forms of Violence against Women and the

Council of Europe Convention on preventing and combating violence against women and

domestic violence (the Istanbul Convention) with reservations.

Legal and institutional setup

The legal and institutional framework regulating fundamental rights is largely in place, and

laws follow European and international standards.

The Ombudsperson institution is called the Public Defender's Office (PDO). It is designated as

National Preventive Mechanism

and accredited with an “A” status by the Global Alliance of

National Human Rights Institutions as largely complying with the Paris Principles. The

Ombudsperson is an independent and well-functioning institution. Overall, the capacity of the

institutions in charge of the protection and enforcement of human rights, including the judiciary

and police, needs to be further improved.

The Human Rights Strategy drafted in 2020 is yet to be adopted, preventing the approval and

the implementation of related action plans. The State Inspection Service responsible for

investigating alleged human rights violations committed by law enforcement and overseeing

personal data protection has been recently dissolved. The newly created agencies

–

the Special

Investigation Service and Personal Data Protection Services

–

still need to prove their

efficiency and independence.

Key fundamental rights issues

Georgia has 27 judgements of the European Court of Human Rights under enhanced

supervision procedure pending their enforcement. These include cases related to the right to life

and protection against ill treatments, excessive use of force, abuse of pre-trial detention, failure

to protect from homophobic attacks and police inaction related to domestic violence.

Cases of excessive use of force and

ill-treatment

by law enforcement officials still exist but are

being addressed. The physical conditions in places of deprivation of liberty are relatively good

including in pre-trial detention, but infrastructure needs to benefit from further investment.

Georgian citizens are guaranteed

freedom of expression.

The

media

environment is largely

pluralistic, but intimidation and physical and verbal attacks on media professionals have

increasingly taken place, especially in the context of demonstrations and election rallies, and

investigations are lacklustre. Court proceedings and investigations against opposition media

owners have become frequent. Recent verdicts have a chilling effect on critical media

reporting. Further alignment of the legislation on the media regulator (the Georgian National

Communication Commission) with European standards is needed.

The Georgian Constitution guarantees

protection against discrimination,

and the criminal

code defines aggravating circumstances for crimes that include (without using the term) hate

crimes. Overall, the country’s legal framework

on non-discrimination and gender equality is

largely in line with the EU

acquis,

but not sufficiently enforced. There are continued efforts to

raise awareness on

gender equality,

to address persisting inequalities preventing women from

fully exercising their equal rights. 19.3% of parliamentarians elected in 2021 are women. The

scale of gender-based violence, including domestic violence and femicides remains a major

concern. Women continue to face

inequality

in the labour market; a gender pay-gap persists

with women overall earning 36.2% less than men on average in 2019.

After Georgia’s

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

ratification in May 2017 of the Istanbul Convention, work has been carried out to improve

access to justice and to improve the quality of social protection services. Further engagement,

including on increasing public awareness, is needed. More needs to be done to protect the rights

of lesbian, gay, bisexual, transgender, intersex or queer (LGBTIQ) persons in Georgia,

particularly in light of the July 2021 events.

A Code on the Rights of the Child has been adopted, setting a legal framework for the

protection of the rights of the child.

There is no national strategy to address violence against

children. The reform on deinstitutionalisation of children needs to be completed.

A Law on the Rights of

Persons with Disabilities

was adopted in 2020 and the Optional

Protocol to the UN Convention on the Rights of Persons with Disabilities has been ratified.

Persons with disabilities remain one of the most marginalised groups.

A State Strategy for Civic Equality and Integration 2021-2030 and its Action Plan are in place,

but the social, economic and cultural rights of persons belonging to

minorities

and their

political participation remain insufficiently enforced.

Respect for privacy of communications has been put into question by eavesdropping and illicit

surveillance of politicians, journalists, civil society activists and the diplomatic community,

including tapes of private life and correspondence. The pledged investigations usually do not

lead to credible conclusions. The repeated calls, including by the Public Defender, to improve

accountability and effective institutional oversight are yet to be addressed.

2. ECONOMIC CRITERIA

This assessment is made on the basis of the Copenhagen criteria related to the existence of a

functioning market economy, as well as the capacity to cope with competitive pressure and

market forces within the Union.

2.1. Functioning market economy

Georgia has a Gross Domestic Product (GDP) per capita corresponding to 33% of the EU

average in terms of purchasing power parity (PPP). The country demonstrated solid economic

growth of around 5% in the years before the COVID-19 pandemic. Following a year of

pandemic-related contraction by almost 7% in 2020, GDP strongly expanded by over 10% in

2021.

Georgia has a good track record of applying sound fiscal and monetary policy, as commended

by the International Monetary Fund in successive programme reviews. The country has strict

fiscal rules imposing ceilings on the fiscal deficit (3% of GDP), government debt (60% of

GDP) and revenues. Georgia generally complied with these rules before the pandemic. Fiscal

deficit and public debt levels were low: below 2% of GDP and around 40% of GDP

respectively. The fiscal rules were suspended for three years due to the pandemic. The vast

majority of Georgia’s public debt is external, coming almost solely from multilateral and

bilateral partners on concessional terms.

Monetary policy is conducted in a transparent way through an inflation targeting regime, under

which the National Bank of Georgia (NBG) determines the medium-term inflation target

(currently 3%) and makes corresponding decisions on interest rates and other monetary policy

instruments. Actual inflation fluctuated around the target in the last years before increasing

sharply since mid-2021 due to external shocks, as in other economies. Georgia has a floating

exchange rate regime with the rate formed on the foreign exchange market, with sporadic

interventions of the NBG. Despite the gradual depreciation of the lari (by 31% against the euro

between 2016 and 2021), Georgia’s current account balance was consistently strongly negative

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

before 2020 and further deteriorated during the pandemic, leading to the accumulation of

significant levels of external debt (both private and public) and some external vulnerability

concerns. Georgia’s international reserves gradually increased over the last

years and covered

4.6 months of imports in 2021.

Over the past two decades, Georgia has pursued ambitious reforms aimed at improving its

economic governance and business climate. The government-related economic institutions can

be overall considered as effective, with the country scoring high on government effectiveness

(75

percentile of all countries of the world) and on regulatory quality (83

percentile) in the

latest (2021) World Bank Governance indicators. Substantial progress has been made notably

in the field of public financial management, public procurement, tax and customs

administration, supported by EU and IMF programmes and their conditionality.

Georgia’s business environment has been profoundly liberalised since the mid-2000s.

According to the OECD, Georgia has managed to build up a high-standard regulatory and

business environment that has received international recognition. The country scores better than

other countries in the region in all dimensions of the recent (2020) OECD small and medium

sized enterprises (SME) policy index. Registering a company requires just a single procedure

and can be completed in a day. Licences and other barriers to market entry were systematically

reduced. The new insolvency law, adopted in 2020, facilitated insolvency proceedings, made

them more transparent and reduced their duration and costs. The Law on Entrepreneurs,

adopted in 2021, modernised the regulations on the legal forms of companies, the procedures

for their establishment and functioning. To ensure a resilient business environment, more needs

to be done to strengthen the legal framework and enforcement procedures in competition law,

and step up the enforcement of contracts and judicial independence.

The state footprint in the economy is very modest. There are 236 state-owned enterprises

(SOEs), which account for less than 5% of the total value added of the corporate sector. As

many SOEs reported financial losses in the last years, a reform of SOE governance is ongoing.

The government adopted in 2021 SOE corporate governance standards in line with OECD

guidelines and is developing a comprehensive SOE strategy. Work is also ongoing with the

IMF on disclosing and preventing fiscal risks coming from SOEs.

Georgia’s financial sector is generally sound.

It is dominated by banks and strongly

concentrated; the two largest domestic banks, out of 16 in total, hold around three quarters of

the total assets. Georgia’s banking sector has a low-risk

profile: the share of nonperforming

loans in total gross loans has been low (between 5% and 8%) over the last five years, and the

capital adequacy ratio has been high and rising (to 19.6% at the end of 2021).

The IMF’s recent

Financial Sector Stability Assessment confirms that Georgia’s banking system remains resilient

after the pandemic, in spite of some losses incurred in this period. Bank lending to the private

sector was the highest in the region at 80% of GDP, and has more than doubled over the last

decade. The share of companies without access to credit is lower in Georgia than in the other

countries of the region, although access to finance remains an obstacle for many SMEs.

The unemployment rate in Georgia stood at 19% at the end of 2021 and was high in

comparison to other countries in the region. The employment rate has persistently been low

(41.5% at the end of 2021). This is partially caused by a mismatch between workforce skills

and fast evolving needs of employers, a high number of subsistence farmers (classified in the

statistics as being outside the labour force or unemployed), as well as high informal

employment, estimated at 32% of non-agricultural employment. Public employment services

played a very limited role until recently, but they have been gradually strengthened following

the establishment of the State Employment Support Agency in 2019.

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

2.2. Ability to cope with the competitive pressure and market forces of the EU

Despite high educational attainment with an average of 12.8 years of schooling, the quality of

the education system and curricula is poor, which partially reflects lower spending on education

(3.8% of GDP in 2020) than recorded by regional peers. Skills of graduates in Georgia are

ranked only 125

out of 141 countries in the Global Competitiveness Index, and the learning

outcomes measured by the PISA assessment are behind countries in the region. The authorities

make efforts to improve curricula and teaching methods and to strengthen vocational education.

In the latter field, the National Agency for Vocation Skills was established in 2019. Spending

on R&D was low at some 0.3% of GDP in the last years. Georgia ranks 91

in the Global

Competitiveness Index as regards innovation capability, behind most countries of the region.

Georgia’s investment levels have been high,

around 25% of GDP in the last years, but only 3-

4% of GDP was spent on infrastructure. According to a recent joint EIB and EBRD assessment,

the main energy infrastructure, including generation units, transmission lines and gas pipelines,

has improved substantially over the last two decades. In spite of its huge potential for

producing renewable energy, Georgia remains excessively dependent on fossil fuels, especially

on subsidised gas, and has become a net electricity importer. In the area of transport, the quality

and density of road and rail network remains weak despite gradual improvement, leading to

long travel times and poor road safety records. Water supply and sanitation outside of big cities,

as well as in waste management facilities, need substantial infrastructure investment. Despite

the noticeable growth of the ICT sector in the last years, access to digital infrastructure remains

insufficient in some parts of the country.

The Georgian economy has a diversified economic structure, with a focus on low value-added

sectors. Services play a major role in the economy, especially trade and repairs (17% of GDP in

2021), real estate, construction, transport and tourism. Manufacturing accounts for 12% of

GDP, agriculture for 7% and mining for 4%. Exports of goods were systematically increasing

from 14% of GDP in 2016 to 23% of GDP in 2021. The structure of exports is dominated by

metals (copper ores and ferroalloys), food products (wine, spirits, mineral waters, hazelnuts)

and re-exported cars. The participation of Georgian firms in global value chains is very limited.

The country has in recent years consistently displayed a substantial trade deficit, partially

compensated by the inflow of remittances and a surplus in tourism and other services.

The Association Agreement including the Deep and Comprehensive Free Trade Area between

the EU and Georgia, signed in 2014, contributes to the development of Georgia’s economy

through trade liberalisation and alignment with EU legislation and standards. Between 2016,

when the AA entered into force, and 2021, Georgia’s exports to the EU increased by 30% and

imports from the EU by 11%. The EU has been the top trade partner of Georgia over the last

years, accounting for 21%

of the country’s exports and 23% of imports in

2020. Georgia is a

WTO member since 2000, with a tradition of an open trade policy.

3. ABILITY TO ASSUME THE OBLIGATIONS OF MEMBERSHIP

The ability of Georgia to assume the obligations of membership has been evaluated based on

the following indicators:

The commitments in the Association Agreement and the Deep and Comprehensive Free

Trade Area and their implementation;

The level of adoption, implementation and enforcement of the

acquis

outside the

AA/DCFTA

The EU-Georgia Association Agreement, including the Deep and Comprehensive Free Trade

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

Area (AA/DFCTA) belongs to a new generation of most ambitious association agreements the

EU has concluded with its partner countries. The Agreement captures a substantial part of the

acquis

with detailed timetable of implementation varying from 2 to 10 years and brings the

country closer to the European Union in terms of regulatory alignment.

Since the provisional entry into force of the AA/DCFTA in 2014, EU Member States are

closely involved in the implementation of the AA/DCFTA through the Association Council and

the Association Committee. Common Positions are adopted for the Association Council and a

detailed Annotated Agenda is agreed for the Association Committee. The strategic guidance is

provided by the Association Council meetings at the highest political level. Furthermore, the

EU-Georgia Parliamentary Association Committee involves the European Parliament and the

Georgian Parliament into the implementation of the agreement. The discussions are also

informed by the input provided by the civil society through the EU

–

Georgia Civil Society

Platform and duly taken into account.

The institutional set-up includes also the Association Committee and the Association

Committee in Trade Configuration, dedicated Sub-Committees as well as Cluster Sub-

committees covering almost all chapters of the EU

acquis

allow for on-going and thorough

analysis of the progress in the relationship. The EU and Georgia have worked closely together

to identify key policy areas, set targets for reform and legislative progress, and benchmark

achievements in those areas. The regularly updated Association Agendas set out the short- and

medium-term policy objectives of EU-Georgia cooperation.

Georgia’s implementation of the EU

acquis

is documented in the EU’s ‘Association

Implementation Reports’ issued annually since 2016

. Pending a fully-fledged analysis of all

chapters to be carried out at a later stage in the process, the analysis provides examples of

chapters in the clusters in which Georgia has achieved particularly good results and highlights

areas where there has been a limited approximation to the

acquis.

Following the adoption of the revised methodology

and for the purpose of the EU’s

Enlargement policy, the EU

acquis

is structured in six thematic clusters. The EU

acquis

these clusters is substantially covered by the Association Agreement and the Deep and

Comprehensive Free Trade Area and Georgia has gradually approximated with it. Overall

Georgia has a satisfactory track record of implementation, though progress is uneven and there

have been some delays in meeting the ambitious times lines in the AA/DCFTA.

The

Fundamentals cluster

includes the chapters of the

acquis

Judiciary & fundamental

rights, Justice, freedom and security, Public procurement, Statistics, and Financial control.

This cluster has been mainly assessed under the Political and Economic criteria sections.

There are areas in the cluster where approximation to the EU

acquis

is still limited, for example

Judiciary and fundamental rights

and

Justice, freedom and security.

The

Internal market

cluster includes the chapters of the

acquis

Free movement of goods,

Free movement for workers, Right of establishment and freedom to provide services, Free

movement of capital, Company law, Intellectual property law, Competition policy, Financial

services, Consumer and health protection.

Georgia has for example made substantial progress

in approximating the

acquis

in the area of

company law

by adopting new legislation, creating a

uniform and transparent legal framework for corporations, their shareholders, directors,

creditors, and other stakeholders.

There are other areas where the approximation to the EU

acquis

is still limited, for example, the

SWD(2021) 18 final

COM (2020) 57 final

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

area of

consumer protection policy,

where more efforts are needed including as regards the

implementation and enforcement of recently adopted legislation.

The

Competitiveness and inclusive growth

cluster includes the chapters of the

acquis

Information society and media, Taxation, Economic and monetary policy, Social policy and

employment, Enterprise and industrial policy, Science and research, Education and culture,

Customs union.

Particularly good results were reached. For example Georgia has already made

substantial progress in the area of

economic and monetary policy,

with legislation defining

numerical fiscal rules for budget deficit and public debt.

education and culture,

Georgia is well advanced in fulfilling all recommendations and

Council Decisions on the enhanced quality of all levels of education. Progress towards

recognition of qualifications and competences, and ensuring transparency in the area of

recognition of qualifications, is good.

Georgia’s association to Horizon Europe is a successful

instrument for integration with the EU’s practices in the field of

research and innovation.

There are other areas where the approximation to the EU

acquis

is still very limited; for

example,

electronic communication

and

social policy and employment.

Further efforts are

needed to ensure effective implementation of the anti-discrimination legislation. In the field of

antitrust and merger control, Georgia has partially aligned its legislation with the EU

acquis.

Georgian State aid legislation is not aligned.

The cluster on the

Green agenda and sustainable connectivity

includes the chapters of the

acquis

Transport policy, Energy, Trans-European networks, and Environment and climate

change.

Georgia has made substantial progress in the area of

energy

by approximating the

adapted EU

acquis

under the Energy Community Treaty. However, important steps still need to

be undertaken to unbundle and certify the electricity and gas transmission system operators in

order to accelerate the development of renewables and reduce the energy dependence on

Russian fossil fuels in line with REPowerEU Plan. This is especially relevant as Georgia does

not have yet physical energy interconnections with the EU. Georgia has adopted key pieces of

legislation related inter alia to renewables and energy efficiency

In other areas, such as

environment and climate change,

Georgia will have to invest

considerable efforts in further legislative alignment with the acquis and the European Green

Deal policies as well as strengthening its administration to enable the green transition.

Alignment with the transport acquis, in particular in the maritime and aviation sectors, is

supported by the Common Aviation Area Agreement signed in 2010 and a multi-sectorial

Transport Dialogue launched in 2019.

The cluster

Resources, agriculture and cohesion

includes the chapters of the

acquis

Agriculture and rural development, Food safety, veterinary and phytosanitary policy,

Fisheries, Regional policy and coordination of structural instruments, and Financial and

budgetary provisions.

Georgia has already made substantial progress in

food safety, veterinary

and phytosanitary policy

allowing trade between the EU and Georgia to be increased and

diversified. Georgia is working in close cooperation with regional

fisheries

management

organisations to align its relevant legislation to the EU

acquis

and international standards. The

country has started to implement some key mechanism for

regional policy.

Georgia has been very effective in implementing the ambitious legal approximation plan of the

AA/DCFTA, and is on track to achieve full approximation as scheduled. More efforts will be

needed in order to effectively implementing the Directives.

The approximation to the

acquis

in the area of

Agriculture and rural development

is limited.

The cluster on

External Relations

contains the chapters on

External relations

and

Foreign,

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

security and defence policy.

Georgia’s alignment rate with relevant High Representative

statements on behalf of the EU and Council Decisions was 53% in 2021, (2020: 61%; 2019:

55%; 2018: 54%, 2017: 56%).

Georgia has been an active contributor to EU CSDP missions and operations: it currently

contributes to the European Union Training Mission (EUTM) in Central African Republic with

32 personnel ensuring protection, and with 1 military officer in EUTM Mali. A High-Level

Political and Security Dialogue with Georgia was launched in 2017, to complement the regular

exchanges under the Association Council and further promote the gradual convergence on

foreign and security policy matters. There is scope to further enhance cooperation in the area of

Common Security and Defence Policy. Efforts should be made to increase Georgia’s

convergence with the Common Foreign and Security Policy, including on EU positions.

4. CONCLUSIONS AND RECOMMENDATIONS

Georgia is a parliamentary democracy. Recent national and local elections have been

recognised as competitive and conducted with overall respect of fundamental freedoms.

Crucial challenges nevertheless remain in particular due to the overly divided political scene.

There is an urgent need to address this political polarisation and enhance democratic oversight.

Eradication of vested interests needs to be a high priority. Georgia has a well-developed and

dynamic civil society whose opinion and input needs to be taken into account in a more

systematic manner. A strategic framework for reforms in public administration is in place and

includes provisions to strengthen local governance. Regarding the judiciary Georgia had

undertaken important judicial reforms, but later changes have stalled this positive trend. The

independence of the judiciary needs to be consolidated and accountability and impartiality of

the entire judicial institutional chain ensured. Georgia has taken important steps to fight

corruption yet more needs to be done to strengthen the anti-corruption processes and their

effectiveness. In particular, fighting high-level corruption and eliminating vested interests,

including that of oligarchs, require further decisive actions. Similarly, important measures

undertaken to tackle organised crime need to be strengthened further. A vocal pluralistic media

environment exists and needs to be protected including in legal proceedings. Fundamental

rights laws broadly follow European and international standards. The enforcement of these

rights needs to be strengthened. Overall, as regards the

political criteria,

Georgia has a

foundation in place to reach the stability of institutions guaranteeing democracy, the rule of

law, human rights and respect for and protection of minorities, even if recent developments

have undermined the country’s progress.

As regards the

economic criteria,

Georgia has achieved a good degree of macroeconomic

stability with a track record of sound economic policy and a favourable business environment.

In order to improve the functioning of its market economy, further reforms and investment are

needed to ensure long-term inclusive growth and external competitiveness. In order to reinforce

the capacity of the country to cope with competitive pressure in the EU, Georgia needs to

strengthen in particular its human capital (particularly through education reform) to ensure

skills for the labour market and innovativeness, strengthen physical infrastructure including

renewable energy generation and transport infrastructure, as well as access to global value

chains.

As regards the

capacity to fulfil the obligations of membership,

Georgia has worked since

2016 on the implementation of the EU-Georgia Association Agreement, including a Deep and

Comprehensive Free Trade Area (AA/DFCTA). These agreements already capture an

unprecedented amount of the EU

acquis.

Georgia has gradually approximated to substantial

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

elements of the EU acquis across many chapters. It has an overall positive track record of

implementation, while in some sectors the country is more advanced than in others. Overall

Georgia has established a solid basis for further alignment.

Georgia is a European State committed to respecting and promoting the values on which the

European Union is founded. The Commission therefore recommends to the Council that

Georgia should be given

the perspective to become a member

of the European Union.

The Commission recommends that Georgia be granted

candidate status,

once the following

priorities will have been addressed:

address the issue of political polarisation, through ensuring cooperation across political

parties in the spirit of the April 19 agreement;

guarantee the full functioning of all state institutions, strengthening their independent and

effective accountability as well as their democratic oversight functions; further improve the

electoral framework, addressing all shortcomings identified by OSCE/ODIHR and the

Council of Europe/Venice Commission in these processes.

adopt and implement a transparent and effective judicial reform strategy and action plan

post-2021 based on a broad, inclusive and cross-party consultation process; ensure a

judiciary that is fully and truly independent, accountable and impartial along the entire

judicial institutional chain, also to safeguard the separation of powers; notably ensure the

proper functioning and integrity of all judicial and prosecutorial institutions, in particular

the Supreme Court and address any shortcomings identified including the nomination of

judges at all levels and of the Prosecutor-General; undertake a thorough reform of the High

Council of Justice and appoint the High Council’s remaining members.

All these measures

need to be fully in line with European standards and the recommendations of the Venice

Commission.

strengthen the independence of its Anti-Corruption Agency bringing together all key anti-

corruption functions, in particular to rigorously address high-level corruption cases; equip

the new Special Investigative Service and Personal Data Protection Service with resources

commensurate to their mandates and ensure their institutional independence;

implement the commitment to “de-oligarchisation” by eliminating the excessive influence

of vested interests in economic, political, and public life;

strengthen the fight against organised crime based on detailed threat assessments, notably

by ensuring rigorous investigations, prosecutions and a credible track record of

prosecutions and convictions; guarantee accountability and oversight of law enforcement

agencies.

undertake stronger efforts to guarantee a free, professional, pluralistic and independent

media environment, notably by ensuring that criminal procedures brought against media

owners fulfil the highest legal standards, and by launching impartial, effective and timely

investigations in cases of threats against safety of journalists and other media professionals;

move swiftly to strengthen the protection of human rights of vulnerable groups, including

by bringing perpetrators and instigators of violence to justice more effectively;

notably consolidate efforts to enhance gender equality and fight violence against women;

EUU, Alm.del - 2021-22 - Bilag 579: Kommissionens udtalelser vedr. Ukraines, Moldovas og Georgiens ansøgninger om EU-medlemskab

ensure the involvement of civil society in decision-making processes at all levels;

adopt legislation so that Georgian courts proactively take into account European Court of

Human Rights judgments in their deliberations;

ensure that an independent person is given preference in the process of nominating a new

Public Defender (Ombudsperson) and that this process is conducted in a transparent

manner;

ensure the Office’s effective institutional independence.

The Commission will monitor Georgia’s progress to address these priorities and report on them

by the end of 2022.

The accession process remains based on

established criteria and conditions.

This allows any

country in the process to progress based on own merits but also means that steps towards the

EU can be reversed if the underlying conditions are not met anymore.