A Council of Europe expert body calls for the repeal of Georgia's Foreign Agents Registration Law

A controversial law and global attention

In May 2024, the Foreign Agents Registration Law, pushed by Georgia's ruling Georgian Dream party, officially came into effect. The law requires organizations and media outlets receiving more than 20% of their funding from foreign sources to register as "agents of foreign influence" and be subject to strict oversight. Its passage sparked sustained domestic protests and widespread international criticism.

In August 2025, the Council of Europe's Expert Council on NGO Law, an expert body under the Council of Europe's Conference on International Non-Governmental Organizations, issued an opinion stating that the law, if implemented, would cause "serious and unjustifiable" damage to Georgia's civil society and explicitly called for its repeal. This statement once again focused global attention on this small country at the junction of Europe and Asia and its difficult geopolitical position.

Law Content and Controversial Focus

The Foreign Agents Registration Law stipulates that any organization receiving more than 20% of its funding from foreign sources must register as a "foreign agent," subject to strict disclosure requirements and facing severe fines. Organizations that fail to comply could face fines of up to 25,000 Georgian Lari (approximately US$9,300).

In its August 25 opinion, the Council of Europe's expert body stated that the law does not meet the conditions for restricting fundamental rights under the European Convention on Human Rights, affecting freedom of association, freedom of expression, and the right to respect for private life. These rights may only be restricted if expressly provided for by law, for a legitimate purpose, and necessary for a democratic society. The Council of Experts concluded that Georgian legislation fails to meet any of these conditions.

The law has also been criticized for requiring the disclosure of extensive personal data on directors, managers, and employees, calling it "excessive in a democratic society." Requirements for civic organizations to maintain records for three years after ceasing to operate as "agents" and for directors to remain accountable for their disclosures even after the organization is dissolved have also been criticized as "unduly burdensome."

International Response

The EU and the US have expressed strong dissatisfaction with the law. European Commission President Ursula von der Leyen has expressed "deep concern" about developments in Georgia and reiterated Brussels' concerns about the law. The EU also explicitly stated that the passage of the Foreign Agents Law would be an obstacle to Georgia's accession to the EU.

In May 2025, the EU issued another statement, calling the law a "serious setback for Georgian democracy" and stating that Georgia's accession process had been "de facto suspended." EU officials emphasized that "if the Georgian authorities take credible steps to reverse this democratic backsliding, the EU is ready to consider putting Georgia back on the path to EU accession."

The United States also expressed concern about the law and the country's "democratic backsliding." White House Press Secretary Jean-Pierre stated, "If this legislation is passed, it will force us to fundamentally reassess our relationship with Georgia." The US also imposed visa restrictions on dozens of Georgian nationals, accusing them of playing a role in "undermining Georgia's democracy."

Georgian Government Position and Domestic Reaction

The Georgian government defended the law, stating that it aims to ensure transparency regarding non-governmental organizations receiving foreign funding and that it is modeled after the US Foreign Agents Registration Act of 1938. Prime Minister Kobakhidze even linked the law to "Europeanness," stating, "For me, transparency means Europeanness, and opacity means non-Europeanness."

However, Georgians who oppose the law believe it will become a tool for the ruling party to suppress dissent and deviate from Georgia's "European path." Polls show that approximately 80% of Georgians want to join the EU, and many worry that the law could jeopardize that vision.

Following the law's passage, large-scale protests erupted in Tbilisi, the Georgian capital, for weeks. Protesters, holding Georgian and EU flags, gathered outside the parliament building, chanting "No Russian laws." Police used tear gas, water cannons, and rubber bullets to disperse the protesters, detaining hundreds.

Georgia in a Geopolitical Context

Georgia has long been caught between Russia and the West. Although Georgia has not had formal diplomatic relations with Moscow since the 2008 conflict, the current government's stance toward Russia has been described as "ambivalent."

Analysts point out that Georgia's ruling party is using this deliberate "trial balloon" to test society's reaction to the "confederation plan" formulated to resolve the Abkhazia and South Ossetia conflicts. In a speech commemorating Independence Day, Prime Minister Kobakhidze declared his desire to return Abkhazia and South Ossetia, stating, "Our Georgian dream is to live in a united and strong Georgia by 2030, alongside our Abkhaz and Ossetian brothers and sisters."

Meanwhile, Georgia applied for EU membership in 2022 and was granted candidate country status in December 2023. This move is seen as a European measure to reverse the former Soviet republic's accelerated independence from Russia.

Concerns About Democratic Progress

The Council of Europe's expert body's opinion comes amid growing concerns about Georgia's democratic progress. Georgia's most prominent election monitoring organization, the International Institute for Fair Elections and Democracy, announced that it would not monitor the local elections scheduled for October 4, 2024, under its standard observation mission, citing a lack of conditions for free, fair, and competitive elections.

Opposition parties also announced a boycott of the local elections, arguing that participating would legitimize the rule of the Georgian Dream party amidst anti-government protests and state repression. Since the OSCE/ODIHR were not invited to monitor the vote, the elections may proceed without comprehensive international oversight.

Global Implications

The controversy surrounding Georgia's Foreign Agents Registration Law transcends national borders, raising a more universal question: how can civil liberties and democratic space be protected while ensuring transparency and safeguarding national security?

International approaches to managing foreign influence vary. The United States' Foreign Agents Registration Act of 1938 was enacted to prevent Nazi propaganda infiltration in the United States, while Russia's Foreign Agents Act, passed in 2012 and expanded in 2022, has been widely criticized as a tool to silence criticism. The Council of Europe's expert body also rejected the Georgian government's defense that the law is based on the United States' Foreign Agents Registration Act of 1938, stating that "even if similar to the relevant US law, its provisions alone do not justify considering it essential for a democratic society."

Many experts believe that the Georgian case is particularly noteworthy because it reflects a broader global trend: democratic decline and the rise of authoritarianism. As the EU has stated, Georgia's Foreign Agents Registration Law "represents another radical move by the Georgian authorities to suppress dissent and restrict freedoms, further shrinking the space for activists, civil society, and independent media."

The Way Forward

The Council of Europe's expert body explicitly urged the Georgian government to repeal the law. The EU also stated that the responsibility lies solely with the Georgian authorities. "If the Georgian authorities take credible measures to reverse democratic backsliding, the EU is ready to consider putting Georgia back on the path to EU accession."

However, the solution is not simple. Kakachia, director of the Georgian Institute of Political Studies, noted, "The divisions in Georgian politics aren't the traditional ideologically driven polarization seen in Western countries. What we're facing is more personality-driven polarization. They just curse each other and talk about how bad their opponents are, but never discuss the real issues."

The economy remains the primary concern of the vast majority of the Georgian public. However, the long-standing political sparring between the parties has left Georgians increasingly fatigued and distrustful of both the ruling and opposition parties. A November 2023 poll showed that 62% of respondents believed that none of Georgia's existing political parties represented their interests.

Conclusion

Georgia is at a crossroads. The Foreign Agents Registration Law is not only a matter of domestic policy; it also reflects the global debate on democracy, sovereignty, and foreign influence. The call from the Council of Europe's expert bodies indicates that the international community is closely watching Georgia's choices and its commitment to democratic values.

Georgia's future path will depend on whether all parties can find a balance between upholding national sovereignty and transparency and protecting fundamental freedoms and democratic processes. In an era of intensifying geopolitical competition, Georgia's choices may offer important lessons for other countries facing similar challenges.

As the EU has stated, "Georgia is at a crossroads. It should continue on its path to Europe." Ultimately, the choice of this path lies in the hands of Georgia and its people.