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Thursday, 06 July, 2023
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The Minister of Justice Summarises the first Georgian-German Legal Forum

The forum on the topic "Sharing the best experience on the path of Georgia's integration with the European Union" was held in Tbilisi for two days.

The event will take an annual form and will be held alternately in Georgia and Germany, which is a unique opportunity for sustainable and irreversible legal cooperation between the two countries.

The Georgian-German legal forum was planned within the framework of the memorandum of cooperation signed last year between the Federal Republic of Germany and the Ministry of Justice of Georgia.

It is a platform that brings together both legislative, executive and judicial authorities, including representatives of the Ministry of Justice system and the scientific circle.

Within the framework of the forum, all of the participants had the opportunity to discuss current issues and challenges in the field of law, interesting reforms, innovations and new joint initiatives.

The forum created a solid legal cooperation format, which is of particular importance in the path of Georgia's integration with the European Union. Within the framework of the forum, the participating parties discussed such important legal issues as:

Institutional organisation of the legal systems of Georgia and Germany;

Georgia's legal rapprochement with the European Union;

improvement of international legal guarantees for the protection of children's rights;

The role of academia in policy development and science-based law-making;

Professional development of penitentiary and probation systems.

At the Georgian-German forum, special attention was paid to the approaches of rehabilitation and re-socialisation of convicts and continuous measures of raising the qualifications of employees. For the German side, as well as for the international community, the innovations introduced in Georgia- Public Service Halls in penitentiary institutions and Digital University - were especially interesting; At the two-day Georgian-German legal forum, the German delegation was led by the State Secretary of the Federal Ministry of Justice, Angelika Shlunk.

The event was attended by Vice-President of the European Union Agency Eurojust, Boštjan Škrlec; representatives of legislative and judicial authorities; Heads of the Prosecutor's Office, Bar Association, Penitentiary Service and representatives of the academia.

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According to the Strasbourg Court, Publicly Made Insulting, Obscene, and Degrading Statements Fall Outside the Scope of Freedom of Expression

The European Court of Human Rights in Strasbourg upheld the position of the Ministry of Justice in the case of Miladze v. Georgia, confirming that publicly made insulting, obscene, and degrading statements directed at public officials are not protected under the right to freedom of expression.

The case concerned a video published on the social media platform TikTok in 2022, in which the applicant, civil activist Irakli Miladze, used obscene and insulting language toward the Mayor of Tbilisi, City Hall employees, and police officers. As a result, the national courts imposed a fine of 500 GEL, the minimum penalty provided for by law.

The Strasbourg Court unanimously held that the applicant’s statements did not amount to political criticism or the expression of views on a matter of public interest. According to the Court’s assessment, the language used was intended primarily to humiliate and insult public officials.

The Court also agreed with the reasoning of the national courts, noting that they had properly distinguished between harsh political criticism, which is protected in a democratic society, and personal insults, which are not. The judgment further emphasized that the sanction imposed on the applicant was minimal and proportionate, as he received only the lowest fine available under the law.

Today’s ruling by the Strasbourg Court reaffirmed an important principle: freedom of expression is one of the fundamental values of a democratic society and protects even strong and offensive criticism; however, it does not extend to humiliating or personally insulting statements directed at others, including public officials and civil servants.

The judgment further underscores that the state is entitled to protect political officials and public servants from unjustified verbal abuse and insults, ensuring that they are able to perform their duties in an environment free from attacks that undermine their dignity.

The Court’s assessment once again highlights the fundamental importance of freedom of expression, while clearly establishing that the exercise of this right — particularly on the internet and social media platforms — must not infringe upon the dignity and rights of others.