On November 19, Eka Sepashvili, a member of People’s Power, the political party closely affiliated with the ruling Georgian Dream, said on POSTV’s program “Political Post” (starting at 17:30) that the EU High Representative for Foreign Affairs and Security Policy, Josep Borrell, asserts that the Georgian government has deviated from the EU course; however, according to the Enlargement report published by the European Commission, Georgia has shown progress in every area and outperformed Moldova and Ukraine.
Sepashvili’s statement was covered by pro-government media, including Imedi, the media holding Kvira (1; 2), Resonance, and Marshalpress.
Eka Sepashvili is spreading disinformation about the Enlargement Report. In reality, according to the report, Georgia has made no progress in certain areas, while in others, it has achieved only “limited” or “some” progress.
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Enlargement Report 2024 – General Overview
The European Commission presented the Enlargement Report on Georgia on October 30, 2024. The introduction provides general information about Georgia’s path toward the European Union. It notes that despite adopting the 2024 Action Plan for integration, the government passed the Law on Transparency on May 28, followed by other negative developments that contradict the government’s declared intention to pursue the EU path. The introduction also make reference to discussions by the European Council regarding the events in Georgia, concluding that the course of action taken by the Georgian government runs counter to the principles and values upon which the EU is founded, also jeopardizes the country’s European path, and de facto halts the accession process.
The alignment rate with the EU’s common foreign and security policy remains considerably low, at 49%. The general overview states that Georgia did not participate in the EU’s crisis management missions and operations, while the number of flights to and from Russia increased substantially. According to the report, Georgia cooperated with the EU to prevent the circumvention of sanctions.
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Does Georgia Show Progress in All Areas?
Sepashvili claims that, according to the report, Georgia has made progress in all 35 areas. This statement does not reflect reality.
The report covers the period from June 15, 2023, to September 1, 2024, and is based on data from various sources. Countries are assessed across different areas according to their level of preparedness, using the following assessment scale: early stage, some level of preparation, moderately prepared, good level of preparation, and well advanced. To describe progress achieved during the reporting period, the following terms are used: backsliding, no progress, limited progress, some progress, good progress, and very good progress.
In certain areas, Georgia has made no progress during the reporting period. The report does not use the terms “good level of preparation” or “well advanced” to describe Georgia in any area. Likewise, no assessment such as “good progress” or “very good progress” can be found in measuring Georgia’s advancements across the areas.
For example, no progress was observed in the areas of financial control, free movement of goods, free movement of workers, freedom to provide services, financial and budgetary provisions, and foreign, security, and defense policy. In 13 areas, Georgia demonstrated “limited progress.” The evaluations for each area are as follows:
Judiciary and Fundamental Rights: Georgia has some level of preparation. There was backsliding during the reporting period.
Justice, Freedom, and Security: Georgia has some level of preparation and showed limited progress during the reporting period.
Public Procurement: Georgia has some level of preparation and made some progress during the reporting period.
Statistics: Georgia has some level of preparation and showed limited progress during the reporting period.
Financial Control: Georgia has some level of preparation but made no progress during the reporting period.
Free Movement of Goods: Georgia has some level of preparation but made no progress during the reporting period.
Free Movement of Workers: Georgia is at an early stage of preparation and showed no progress during the reporting period.
Right of Establishment and Freedom to Provide Services: Georgia is moderately prepared and made no progress during the reporting period.
Free Movement of Capital: Georgia is moderately prepared, and there was limited progress during the reporting period.
Company Law: Georgia has some level of preparation and showed limited progress during the reporting period.
Intellectual Property Law: Georgia has some level of preparation and showed limited progress during the reporting period.
Competition Policy: Georgia is between an early stage of preparation and having some level of preparation, and there was some progress during the reporting period.
Financial Services: Georgia has some level of preparation and made limited progress during the reporting period.
Consumer and Health Protection: Georgia has some level of preparation and made some progress during the reporting period.
Digital Transformation and Media: Georgia has some level of preparation and made limited progress during the reporting period.
Taxation: Georgia is between having some level of preparation and a moderate level of preparation, and there was limited progress during the reporting period.
Economic and Monetary Policy: Georgia is moderately prepared and made limited progress during the reporting period.
Social Policy and Employment: Georgia has some level of preparation; limited progress was made during the reporting period.
Enterprise and Industrial Policy: Georgia is moderately prepared and made limited progress during the reporting period.
Science and Research: Georgia is moderately prepared and made some progress during the reporting period.
Education and Culture: Georgia is moderately prepared and made limited progress during the reporting period.
Customs Union: Georgia is moderately prepared; some progress was made during the reporting period.
Transport Policy: Georgia is at some level of preparation; some progress was made during the reporting period.
Energy: Georgia has some level of preparation; there was some progress during the reporting period.
Trans-European Networks: Georgia has some level of preparation; there was some progress during the reporting period.
Environment and Climate Change: Georgia is at an early stage of preparation; there was some progress during the reporting period.
Agriculture and Rural Development: Georgia is at an early stage of preparation; some progress was made during the reporting period.
Food Safety, Veterinary, and Phytosanitary Policy: Georgia is at some level of preparation and has made some progress during the reporting period.
Fisheries and Aquaculture: Georgia is at some level of preparation and made limited progress during the reporting period.
Regional Policy and Coordination of Structural Instruments: Georgia is in between an early stage of preparation and having some level of preparation; some progress was made during the reporting period.
Financial and Budgetary Provisions: Georgia is at an early stage of preparation; there was no progress during the reporting period.
External Relations: Georgia is moderately prepared; there was limited progress during the reporting period.
Foreign, Security, and Defense Policy: Georgia is moderately prepared; there was no progress during the reporting period.
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Is Georgia Ahead of Moldova and Ukraine in Terms of Progress?
In addition to claiming that Georgia has shown progress in every area, Eka Sepashvili also claims that Georgia outperformed Moldova and Ukraine in terms of progress.
The European Union has reviewed the situation in Moldova and the progress the country made in the areas on which, among others, it assessed Georgia’s progress as well. In most areas, 19 chapters, Moldova is at some level of preparation; in five areas, it is at an early stage of preparation; in four areas, it is moderately prepared; in two areas, it is between some and moderate levels of preparation; in two other areas, it is between an early stage and some level of preparation; and in one case, it is between the moderate and good preparation. Regarding progress, Moldova has made some progress in 18 areas, limited progress in six areas, and good progress in seven areas. The country has made no progress in the areas of fisheries and aquaculture, as well as financial and budgetary provisions.
As regards Ukraine, the report on this country reads that despite Russia’s aggression, the country has demonstrated remarkable resilience and commitment to its European path. According to the report, Ukraine is at some level of preparation in 17 areas, at an early stage in five areas, at a level of good preparation in four areas, and moderately prepared in the other four areas. In one area, the country is between moderate and good levels of preparation, and in two areas, it is between some level and moderate level of preparation. Ukraine has made some progress in 16 areas, limited progress in 10 areas, good progress in six areas, and has no progress in one area.
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Assessment of the implementation of the steps/priorities
On November 8, 2023, the European Commission issued a recommendation to grant Georgia the status of a candidate for European Union membership. At the same time, the decision was made on the condition that the country would take steps in nine areas – fulfil nine points. As of now, the process of Georgia’s accession to the European Union is on hold. The enlargement report, which Eka Sepashvili discusses, also assesses the state of implementation of the nine recommendations by Georgia:
- Fight disinformation, foreign information manipulation, and interference against the EU and its values
According to the document, during the reporting period, manipulation of EU-related information has been increasing. In particular, since the re-introduction of the so-called “Russian law,” anti-EU messages, actively spread by high-level ruling party officials and MPs, have become recurrent. In the run-up to the parliamentary election, disinformation narratives amplified, including from government-affiliated media and ruling party officials.
- Improve Georgia’s alignment with the EU’s Common Foreign and Security Policy
By the end of the reporting period, Georgia’s alignment rate with relevant statements of the High Representative on behalf of the EU and Council decisions was persistently low at 49%.
- Political polarization
The level of political polarization further deepened, particularly in the run-up to the 2024 parliamentary election and in the wake of the adoption of the Law on Transparency of Foreign Influence; cross-party cooperation on EU integration-related reforms was very limited; threats from representatives of the parliamentary majority towards opposition members and civil society continued; during the protests against the law on transparency of foreign influence, members of opposition parties and civil society representatives were physically attacked and intimidated; the Georgian Dream announced that it would ban the opposition parties in case of victory in the parliamentary election; relations between the President and the Government further deteriorated.
- Free, fair, and competitive electoral process
The amendments to the Election Code adopted by Parliament in March disregarded the long-standing recommendations issued by the Venice Commission and OSCE/ODIHR. This section of the report also discusses the irregularities identified by OSCE/ODIHR during the elections, including violations of vote secrecy, procedural inconsistencies, intimidation, and pressure on voters, all of which negatively impacted public trust in the electoral process.
- Further improvement of parliamentary oversight and institutional independence
This section discusses problems related to the appointment of personnel in various agencies, including the Central Election Commission, the National Bank, and the Communications Commission, as well as challenges to institutional independence. The section reads: Investigation into allegations of large-scale illegal wiretapping in 2021 has not, so far, led to any prosecutions; no actions were undertaken to strengthen the independence of the National Bank and to ensure that all board members are appointed in a transparent and competitive manner.
- Judicial Reform
According to the report, the Law on Common Courts adopted by the government does not address the recommendations of the Enlargement Report and the Venice Commission. While the law contains a few minor positive elements, the amendments do not provide a unified and effective approach to implementing judicial reform. In 2024, Parliament appointed four judges to the Supreme Court, despite the fact that the legislative framework concerning the selection process is not fully in line with European standards.
- Effectiveness of the Anti-Corruption Bureau, the Special Investigation Service, and the Personal Data Protection Service
The current institutional structure of the Anti-Corruption Bureau does not ensure a sufficient degree of independence, as the amendments did not address key recommendations of the Venice Commission. The Parliament adopted amendments to the laws on the Special Investigation Service and personal data protection, which accommodated some of the Venice Commission’s recommendations. However, the report notes that key concerns regarding the appointment and immunity of the heads of these services, the exclusion of high-ranking officials, the effectiveness of the investigations of the Special Investigation Service, and expanding the mandate linked to covert wiretapping remain outstanding.
- De-oligarchization
In September 2023, the Parliament voted down the bill on de-oligarchization, which envisaged a “personal” approach, and in November of the same year, the government adopted a de-oligarchization action plan, which built on prior recommendations of the Venice Commission to follow a “systemic” approach. The plan does not provide a regular consultation mechanism with all parliamentary parties and civil society. The distribution of tasks and timelines remains excessively broad. Amendments to the tax code adopted in an expedited procedure in April 2024, allowing for the tax-free transfer of offshore funds to Georgia, are not in line with international best practices.
- Improving human rights protection standards
The report states that the human rights protection strategy has not been amended in light of the recommendations from the 2023 enlargement report. The action plan was approved with limited consultation and does not include provisions for the protection of LGBTQ+ individuals and the right to privacy. On September 17, the parliament adopted a legislative package consisting of the Law on Family Values and Protection of Minors and 18 amendments to existing laws, but this happened without prior public consultations or a thorough analysis of their compliance with European and international standards. The Venice Commission considered the draft constitutional law incompatible with relevant European and international standards and did not recommend its adoption. As a result of legislative activities and the continuous spread of homophobic hate speech, LGBTQ+ individuals in Georgia face an increasingly hostile and stigmatized environment. The investigations into the organization of violence during the 2021 and 2023 Pride events have not been concluded.
Georgia continues to implement the national action plan to combat domestic and gender-based violence, but shortcomings in the prevention and response to gender-based violence remain. The legal definition of rape does not fully comply with the standards set in the Istanbul Convention.
The Law on Transparency of Foreign Influence was adopted despite the Venice Commission’s opinion recommending its complete repeal. The law violates the freedom of assembly and expression and further restricts the activities of civil society. There has been an increase in incidents of intimidation, threats, and physical assault against civil society activists, political leaders, and journalists.
Thus, Eka Sepashvili’s claim that, contrary to Borrell’s criticism, Georgia’s progress is noted in all 35 chapters of the EU report is not true. The country has made no progress or showed limited progress in several areas. As for the nine points that were conditions for granting candidate status to Georgia, these priorities, according to the review, have not been fulfilled. The report states that in some areas the situation has worsened rather than improved.
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