Commissioner O’Flaherty published today his written observations in the case of Georgian Young Lawyers’ Association and Others v. Georgia, currently pending before the European Court of Human Rights.
The case, lodged by 120 civil society organisations, 16 media outlets and four individuals, concerns the 2024 Law on Transparency of Foreign Influence. This Act requires civil society organisations and media outlets receiving over 20% of their funding from abroad to register as “organisations serving the interests of a foreign power.”
In his third party intervention, the Commissioner submits that the Act’s adoption constitutes a component of broader restrictions on the freedoms of expression and association of civil society in Georgia. He further provides information to the Court on the basis of which it may consider that the law’s provisions are inconsistent with the criteria of legality, legitimacy, necessity and proportionality, within the meaning of Articles 10(2) and 11(2) of the European Convention on Human Rights. The Commissioner also highlights that several aspects of the law undermine its declared purpose of ensuring transparency regarding foreign influence over the funding of civil society organisations.