The Impact of EU-Georgia Association Agreement on Georgian Environmental Legislation
Paata Turava
Professor of Ivane Javakhishvili Tbilisi State University, Georgia
Gvantsa Varamashvili
PhD Student of Ivane Javakhishvili Tbilisi State University, Georgia
It is widely recognised that humankind is facing serious environmental challenges that can only be addressed and overcome through international cooperation and the creation of an appropriate legal framework that is compatible with EU legislation and in line with European best practices. Accordingly, since 2014, the approximation process with the EU environmental acquis in Georgia started directly after the signing of the “Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part” (hereinafter “Association Agreement”), which is an obligation of the said EU-Georgia Association Agreement. However, on the way of legal approximation, in addition to the legislative progress, significant challenges were identified. Identification and overcoming of these challenges are a prerequisite for a successful environmental legislation and a national policy. The government of Georgia, through the Association Agreement, undertook the obligation to harmonise various, including environmental protection and climate change, directives (EU-Georgia Association Agreement, Article 306, 312). Ratification of the EU-Georgia Association Agreement created a long-term perspective for the development of the national policy in various fields, including the direction of environmental protection and climate change. The Association Agreement between Georgia and the European Union created a solid legal basis for the future law-making and law-enforcement process. Within the framework of this article, is discussed the way of transforming the Georgian environmental legislation after the entry into force of the Association Agreement, the challenges that exist in the process of legislative approximation in the environmental direction are identified, and the authors’ recommendations in order to overcome the mentioned challenges are presented.
