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Friday, 01 March, 2024
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Minister of Justice, Rati Bregadze Holds Meeting with Chairperson and Members of the Legal Affairs Committee of the Bundestag of the Federal Republic of Germany

During the meeting, Minister Rati Bregadze underscored the significance of deepening sectoral cooperation with European counterparts, particularly for Georgia as a candidate country for the European Union.

Highlighting the pivotal role of the Ministry of Justice in advancing Georgia's EU candidacy, Minister Bregadze outlined significant strides, including the implementation of key steps from the EU's 12-step plan. Notably, the ministry's efforts have been instrumental in combating organized crime (step 6) and proactively utilizing Strasbourg Court decisions (step 11) to bolster Georgia's EU candidacy status.

Emphasizing the urgency of legal harmonization, Minister Bregadze stressed the imperative of expediting the alignment of Georgian legislation with EU law within the framework of the EU enlargement policy.

On the topic of legal rapprochement, last week, Minister Bregadze participated in the Conference of Ministers of Justice in Zagreb, where concerted efforts towards fulfilling obligations outlined in Chapter 23 (Justice and Fundamental Rights) were deliberated. Key initiatives discussed include:

  • - Submission of legislative amendments mandating all government agencies to seek the Ministry of Justice's legal opinion on EU draft law compliance prior to initiating draft laws in Parliament;
  • - Launch of an electronic platform facilitating the recording, planning, and evaluation of the legal convergence process;
  • - Development of the "Guide to Approximation of Georgian Legislation to EU Legislation," alongside plans to establish the EU Law Center within the Training Center of Justice.

Rati Bregadze also emphasized the Ministry's proactive stance in fostering legal cooperation with European counterparts, exemplified by the inaugural Georgian-German Legal Forum in 2023, with plans for the second forum in Germany this year.

At the end of the meeting, Minister Bregadze thanked Elizabeth Winkelmeyer-Becker, Chair of Bundestag's Legal Affairs Committee, for Germany's steadfast support and friendship towards Georgia's territorial integrity and European integration.

Deputy Minister of Justice Beka Dzamashvili also attended the meeting.

where the delegation of Bundestag's Legal Affairs Committee also visited a penitentiary institution as part of their visit.

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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.