Georgia's EU Aspirations: Legal Implications of Prolonged Protests and Democratic Backsliding

Georgia faces a pivotal moment in its democratic development as large-scale protests erupt following the October 26, 2024, parliamentary elections. Allegations of corruption, vote-rigging, and suppression have cast doubt on the legitimacy of the results. The ruling Georgian Dream party declared victory with 54% of the vote, but opposition parties and thousands of protesters have denounced the election as fraudulent.[1] This crisis has plunged the country into political turmoil, threatening its democratic trajectory and aspirations for European Union (EU) membership.

The situation escalated on November 28, 2024, when Prime Minister Irakli Kobakhidze announced that Georgia would postpone its EU accession process until the end of 2028.[2] This announcement came in response to the European Parliament's adoption of a resolution rejecting the results of Georgia's October elections, further fueling public outrage.[3] Since then, citizens across all regions have taken to the streets in protests that have transitioned from peaceful demonstrations to violent confrontations.

The government's response has drawn international criticism for its apparent disregard for fundamental human rights. Reports of excessive force against protesters, including the use of tear gas and mass detentions, raise significant concerns under international human rights law. Georgia is obligated under the International Covenant on Civil and Political Rights and the European Convention on Human Rights to protect freedom of assembly and expression. [4] The detention of opposition politicians and allegations of police brutality deepen the concerns about the state of democracy and the rule of law in Georgia.[5]

The international community has responded with increasing alarm. The European Union has expressed its concerns over the electoral irregularities and called for an independent investigation into the election process.[6] As President Biden stated, the U.S. is "deeply alarmed by the country's recent democratic backsliding."[7]

In a significant development, on December 27, 2024, the United States imposed sanctions on Bidzina Ivanishvili, founder of Georgian Dream and former Prime Minister, citing his alleged role in undermining democracy and facilitating Russian malign influence in Georgia. [8] This move signals increased international pressure on Georgia's political elite and could have far-reaching implications for the country's foreign relations and economic ties.

The ongoing crisis presents several legal challenges for Georgia. The allegations of electoral fraud raise questions about compliance with domestic electoral laws and international standards for free and fair elections. The International Republican Institute’s final report on Georgia’s parliamentary elections concluded that systemic irregularities—including misuse of public resources by the ruling government, voter intimidation, and suppression of civil society—rendered the electoral process fundamentally flawed.[9] Similarly, observers from the OSCE Office for Democratic Institutions and Human Rights noted that numerous issues negatively impacted election integrity and eroded public trust.[10]

As protests intensify, Georgia faces a pivotal decision: address the demands for accountability and reform or risk further alienation from the West. As Georgia navigates this turbulent political landscape, its commitment to democratic principles and adherence to the rule of law will be crucial in determining its future relationship with the EU and its standing in the international community. The resolution of this crisis will significantly impact Georgia's aspirations for closer integration with Western institutions and its broader democratic future. For a country that has long sought to distance itself from Russian influence and strengthen ties with the West, the stakes could not be higher. The world is watching closely as Georgia navigates this pivotal moment in its democratic journey.

 Nata Mushkudiani is a staff member of Fordham International Law Journal Volume XLVIII.

[1] Thousands Rally Again in Georgia to Protest Oct. 26 Parliamentary Election They Say Was Rigged, VOA News (Nov. 04, 2024, 1:44PM), https://www.voanews.com/a/thousands-rally-again-in-georgia-to-protest-oct-26-parliamentary-election-they-say-was-rigged/7851020.html.

[2] Georgia to Suspend EU Accession Talks Until 2028, Al Jazeera (Nov. 28, 2024), https://www.aljazeera.com/news/2024/11/28/georgia-to-suspend-eu-accession-talks-until-2028.

[3] Id.

[4] Undue Punishment: Abuses Against Prisoners in Georgia, Human Rights Watch (Sept. 13, 2006), https://www.hrw.org/report/2006/09/13/undue-punishment/abuses-against-prisoners-georgia.

[5] Georgia: Police Committing Shocking Human Rights Violations Amid Ongoing Crackdown on Protesters, Amnesty International (Dec. 13, 2024), https://www.amnesty.org/en/latest/news/2024/12/georgia-police-committing-shocking-human-rights-violations-amid-ongoing-crackdown-on-protesters/.

[6] Jorge Liboreiro, EU Calls for Swift Probe of Alleged Georgian Election Irregularities, EuroNews (Oct. 28, 2024), https://www.euronews.com/my-europe/2024/10/28/eu-calls-for-swift-probe-of-alleged-georgian-election-irregularities.

[7] Statement from President Joe Biden on Democratic Backsliding in the Country of Georgia, The White House (Oct. 29, 2024), https://www.whitehouse.gov/briefing-room/statements-releases/2024/10/29/statement-from-president-joe-biden-on-democratic-backsliding-in-the-country-of-georgia/.

[8] Sanctioning Georgian Dream Founder Bidzina Ivanishvili, U.S. Dep’t of State (Dec. 27, 2024), https://www.state.gov/sanctioning-georgian-dream-founder-bidzina-ivanishvili/.

[9] IRI Releases Final Report on Georgia's Parliamentary Elections, Int'l Republican Inst. (Dec. 23, 2024), https://www.iri.org/news/iri-releases-final-report-on-georgias-parliamentary-elections/

[10] Georgia: Parliamentary Elections 2024 – Final Report, OSCE (Dec. 20, 2024), https://www.osce.org/files/f/documents/1/6/584029.pdf.

This is a student blog post and in no way represents the views of the Fordham International Law Journal.