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Wednesday, 07 September, 2022
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Rati Bregadze Discusses Future Cooperation in the Law-making Process with the Legal Committee of the German Bundestag

Within the framework of his official visit to Germany, the Minister of Justice met today with Chairperson of the Legal Committee of the German Bundestag, Elisabeth Winkelmeier-Becker. First Deputy Minister, Tamar Tkeshelashvili, Deputies, Buba Lomuashvili and Beka Dzamashvili, and Georgian ambassador to Germany, Levan Izoria also attended the meeting.

At the meeting, the minister said that for him, as for the head of the department of law-making activities, the directions of cooperation with the Legal Committee of the Bundestag and the Federal Ministry of Justice of Germany are particularly interesting.

During the meeting, the members of the delegation of the Ministry of Justice also noted that the modern Georgian legal space was formed under the influence of the values established in Germany. Accordingly, the legal institutions regulated by the legislation of Georgia and their components are clearly similar to the German legal system. According to the Minister of Justice, a great contribution to the creation of the legislation of independent Georgia was made by Georgian scientists, who at one time attended the German school of law and used the experience gained in the preparation of the legislative framework.

The Minister of Justice spoke about the fact that in Georgia, as in all other countries, the Ministry of Justice ensures, on the one hand, law-making activities, and on the other hand, the harmonization of Georgian legislation with international legal norms.

As the Chairperson of the Legal Committee of the German Bundestag noted, such important issues as: legal policy, legal state and democracy were discussed at the meeting. "We have a very high interest in Georgia. At the meeting, we got acquainted with the different directions of the activities of the Ministry of Justice, including digital services. We shared our experiences with each other and I think we will continue to do so with pleasure in the future," said Elizabeth Winkelmeier-Becker.

At the end of the meeting held in the Bundestag, Rati Bregadze noted that it is interesting for him to share German experience and learn about research activities. According to the Minister, the agency is working on a new prison code, and it will be important to get acquainted with the German practice on this issue in the format of cooperation.

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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.