In a new series of blog posts, we introduce the countries we are comparing regarding the role EU-derived rights might have in them. Our overall aim being to develop a new socio-legal theory of European integration based on the practical usage of EU derived rights in the European society, we have selected eight smaller states (or parts thereof) for qualitative research, comprising Member States and neighbouring states from Northern, Western, Southern and (South) Eastern Europe. For the fourth entry in this series, we turn to Georgia, where the pursuit of EU integration has significantly influenced the country’s legal, social, and economic development.
Why Georgia in RIGHTS-TO-UNITE? As the European Union aspires to ‘creating an ever closer union among the peoples of Europe,’ it is essential to recognise that the vast majority of Georgians are pro-European and support Georgia’s accession to the EU. For years, Georgian citizens have not only explicitly voiced this aspiration but have also tangibly benefited from the EU-Georgia relations, particularly through the gradual extension of EU- derived rights and standards. It is worthwhile to explore how this journey began and where Georgia stands now.
After restoring independence from the Soviet Union in 1991, Georgia embarked on a complex journey towards establishing a democratic governance system and building democratic institutions. Ever since, and in many respects long before then, the Georgian people have rooted their national identity in belonging to the European community of democratic states, as Tsintsadze-Maass writes.
The first legal framework for cooperation between Georgia and the European Union, the Partnership and Cooperation Agreement (PCA), was signed in 1996 and entered into force in 1999. It included an approximation clause, stating that Georgia should ‘endeavour to ensure that its legislation will be gradually made compatible with that of the Community.’ Under this agreement, the requirement of approximation was of a ‘soft nature’ as Gabrichidze calls it, lacking specific deadlines for implementation.
Georgia’s European aspirations and its commitment to a European path took a decisive step forward in June 2014 with the signing of the Association Agreement with the EU, which explicitly recognised that ‘Georgia shares historical links and common values with the Member States.’ According to the preamble, Georgia, an Eastern European country, is committed to implementing and promoting the common values on which the EU is built. As noted by Elsuwege and Chamon, while the agreement avoided a direct reference to future membership, the preamble and obvious parallels with the first sentence of Article 49 TEU indicate that the path for further evolution of the established relationship was left open.
The Association Agreement established the basis for political association and economic integration, with the Deep and Comprehensive Free Trade Area (DCFTA) as an essential pillar. The signing of the Association Agreement embedded the legislative approximation commitment into a legally binding international instrument, serving as a key mechanism for guaranteeing EU-derived rights at the national level.
For years, Georgia has stood out within the Eastern Partnership (consisting of Armenia, Azerbaijan, Belarus, Georgia, Moldova, and Ukraine), consistently demonstrating greater ambition than most other participants. The Association Agreement has been a catalyst for significant reform in various fields. Approximation measures and a number of legislative amendments demonstrated Georgia’s capacity to progress on its European integration path.
Since 2017, Georgian citizens have been benefiting from short-term visa-free travel to the EU – a significant achievement that has yielded not only economic gains but also contributed to closer societal integration. Over time, Georgia’s commitment to a European path resulted in embedding a variety of EU- derived rights into its legal and institutional framework; however, certain gaps remain.
For instance, labour rights protection has improved through reforms to labour legislation and the expansion of the Labour Inspection Service’s mandate, which now covers the full spectrum of labour rights in addition to occupational safety. Besides, a new law guaranteeing a range of EU-derived data protection rights was adopted in 2023 and became effective on March 1, 2024. Furthermore, as noted in a report by the European Commission, on cross-cutting aspects, the institutional framework on consumer protection is in place and the legal framework is partially in line with the EU acquis.
In December 2023, the European Council made the historic decision to grant Georgia the status of candidate country, on the understanding that the relevant nine steps, primarily relating to reforms in the area of democracy, rule of law, and fundamental rights, set out in the Commission recommendation, were taken. However, half a year later, in June 2024, due to backsliding on the steps set out in the Commission’s recommendation for candidate status, the European Council announced that the course of action of Georgia’s authorities jeopardised Georgia’s EU path, ‘de facto leading to a halt of the accession process.’
Democratic backsliding in Georgia, evident in recent years, has dramatically accelerated since the parliamentary elections of 26 October 2024, in which the Georgian Dream party claimed victory amid grave irregularities and violations of standards set for free and fair elections, provoking a condemning resolution by the European Parliament.
The Georgian Dream’s increasingly authoritarian tendencies and disregard for democratic principles culminated in their decision to suspend the EU accession process until 2028 – a move that sparked widespread protests. The response to the protests – including violence against peaceful protestors, arbitrary detentions, the adoption of repressive legislation, and the imposition of severe fines – has deepened the crisis and contributed to the consolidation of authoritarian practices. These developments have been widely condemned, including in a statement by UN Special Rapporteurs, by EU officials, in a resolution by PACE, and in opinions issued by the Venice Commission and the OSCE/ODIHR.
Despite Georgian Dream’s anti-EU rhetoric, the 2024 survey indicates that the EU remains the most trusted international institution among Georgians, trusted by 81% of respondents. While Georgian Dream undermines Georgia’s constitutionally acknowledged aspiration towards European integration, public resistance to the authoritarian shift remains strong. Increasing repression and attempts to derail Georgia from its European path have been met with steadfast defiance from Georgian society.
‘The constitutional bodies shall take all measures within the scope of their competences to ensure the full integration of Georgia into the European Union and the North Atlantic Treaty Organization.’ Constitution of Georgia, Article 78
Although the Georgian Dream party has taken an authoritarian turn, the Georgian people’s long-standing, historically rooted European aspirations remain a source of hope. The citizens’ strong pro-European sentiment should serve as a guiding force in shaping the country’s future.
The RIGHTS-TO-UNITE project – an initiative seeking to reframe European integration through the lens of societies rather than solely institutions – places individuals at the heart of its vision. This context makes research on Georgia particularly relevant. Georgian citizens, the primary beneficiaries of closer political association and economic integration with the EU, are asserting their agency through continued public mobilisation in support of Georgia’s democratic future. They stand as a powerful counterforce to the Georgian Dream party’s efforts to undermine Georgia’s European trajectory. Ongoing protests send a clear and powerful message: Georgia’s future must be driven by the will of its people, with integration into European society as the essential path forward.