The Code of Administrative Offenses of Georgia –
High Time for the Reconceptualization
of the Most Criticized Legal Act in Georgia
Analytical Officer at the Regional Branch for the South Caucasus European Public Law Organization;
Legal Counselor in the Department of State Representation in International Courts
Georgia’s Code of Administrative Offenses has been mainly regarded as a Soviet inheritance dating back to 1984 and has been criticized for many years. It was alleged that the Code fails to meet the requirements of due process and is frequently used to unjustifiably restrict the right to peaceful assembly and expression of individuals. In September 2022, the European Court of Human Rights issued a judgment that encompasses the court’s view on the specific peculiarities of the Code of Administrative Offenses of Georgia and answers the pressing topic of whether the Code is compatible with the European Convention on Human Rights and the Strasbourg Court’s case-law. The present article discusses the difficulties that individuals face from a practical point of view in the administrative offense proceedings, confronting the findings of the domestic courts and the recent judgment of the Strasbourg Court.
*The views expressed herein are solely the author’s own in his personal capacity and do not in any way intend to represent the official views of any organization(s) the author may be affiliated with.