The Venice Commission published its final opinion on the draft law on deoligarchization.

“Most countries have devised and put in place a set of interconnected legislative, (inter)institutional, administrative, economic and other measures, in order to prevent the disruptive effects on democracy, the rule of law and human rights brought on by the concentration of such influence with the objective of leveling the playing field for all actors in society.

Rather than pursuing this multi-sectoral, “systemic” approach, Georgia has chosen to tackle the destructive influence of oligarchisation through a different “personal approach”, by preparing a draft law on de-oligarchisation.

This “personal approach”, as specified by revised draft law, seeks to identify persons as “oligarchs” through specific criteria, such as wealth, media ownership (etc.), and subjects them to a series of limitations.

Despite having been deprived of most of its punitive consequences and limitations in its revised version, the potential political abuse of the revised draft law and a possible arbitrary application of its provisions may still severely jeopardize the rule of law and political pluralism.

While recognizing that in the fight against oligarchic influence there is no one-size-fits-all and that in exceptional, extremely critical situations, for example a situation of state capture, radical solutions – such as some measures of a personal nature – could appear to be justified, as a measure of last resort, on a temporary and exceptional basis, the Venice Commission considers that these should be a supplement, not an alternative, to the “systemic” approach”, - reads the report.