On 13 December, the illegitimately convened Parliament voted for the amendments to the Law “on Public Service”1 in the third reading, which, alongside other repressive legislative initiatives, were being heard in an expedited manner. It is noteworthy that the initiated draft law had significantly weakened the safeguards for public servants and, among other things, created a possibility for political cleansing under the name of the reorganization,2 however, during the second reading, the draft law was somehow modified, becoming even worse filled with other repressive amendments.

Amid the ongoing terror, the public servants are facing severe pressure3, which is also confirmed by the public statements of the political authorities.4 GYLA considers that with the amendments adopted in the third reading, the Government is creating another repressive tool – this time targeting public servants, and is trying to lay the legislative basis to the process of blurring the lines between political parties and the public service.

The amendments introduce the following new regulations:

(1) The Status of the Head of the First Subdivision and their Deputy

According to the amendments, the head of the first subdivision and their deputy will not be qualified public officers, but persons employed on the basis of an agreement under public law. This amendment, on the one hand, significantly weakens the safeguards for these individuals, while on the other hand, it disproportionately increases the power of the head of the public institution.

Under the new amendments:

- The duration of the agreement under public law of the head of the first subdivision and their deputy shall not exceed the term of office of the head of the relevant institution;

- Conducting the competition to appoint the head of the first subdivision and their deputy will not be mandatory;

- The Head of the first subdivision and their deputy, as persons employed on the basis of an agreement under public law, are no longer required to know the official language, to have attained the age of 18, to hold an officer’s certificate;

- Dismissal of these officials can occur at the initiative of the head of the relevant institution, with the individual being notified one month in advance. In such case, the person will receive the compensation in the amount of 1-month official salary. Therefore, the grounds and safeguards (Chapter XII of the Law) do not apply to this managerial level, allowing the head of the institution to make arbitrary, politically motivated decisions.

(2) Competition Commission

Under the new regulations, the head of the public institution will appoint as the chairperson of the Competition Commission the head of the first subdivision, their deputy or an officer holding Rank II position in the same public institution (until now, as prescribed by the regulations in force, the head of the public institution concerned would appoint as the chairperson of the Competition Commission an officer holding Rank I or II position in the same public institution).

As mentioned above, the adopted amendments have politicized the roles of the head of the subdivision and their deputy, making them more vulnerable to undue influence. Consequently, having these individuals lead the Competition Commission raises concerns about the potential politicization of the competition process itself.

(3) Reorganisation

The new amendments make it easier to use the reorganization as a political cleansing tool.

- The version in force until now allowed a possibility, in the case of reduction in the number of posts due to the reorganisation, to transfer an officer, with his/her consent, to an equal position in the same or another public institution, and if no such position is available - to a lower position. In the case of reduction in the number of posts due to the reorganization, it was only allowed to dismiss an officer if such a mobility was not an option. According to the new amendments, in the case of reduction in the number of posts due to the reorgansation, this safeguard no longer applies to the officers and they can be dismissed regardless of whether mobility is possible or not;

- Appealing the decision of the reorganisation, liquidation of the public institution and/or its merger with another public institution, or any other decisions made in the process or related to the reorganisation, liquidation of the public institution and/or its merger with another public institution, will not suspend the effects of the decision;

- A person dismissed as a result of reorganization cannot be reinstated, even if the court rules in their favor. Full or partial satisfaction of the complaint/lawsuit filed by a dismissed individual will not lead to reinstatement. In this case, they will receive lost earnings of the official salary and compensation equivalent to three months’ official salary, and they will be enrolled into the reserve of officers if they express their consent.

(4) Evaluation of Officers

The new amendments reduce the periodicity of the evaluation of officers from one year to six months. The new version allows the head of the public institution to change the results of the assessments of an officer within one month of its completion. In addition, in case of unsatisfactory result as prescribed by Article 53(3(d)), 20% of the official salary of an officer will be deducted until the start of the new evaluation. This provision poses a threat that the evaluation process could be groundlessly and maliciously used as a tool for punishing officers.

1 See, the Draft Law adopted in the third reading and related files: https://info.parliament.ge/#law-drafting/29794, [16.12.2024].

2 GYLA, The “Georgian Dream” is trying to make undemocratic and repressive amendments to the legislation, 12.12.2024, https://gyla.ge/post/represiuli-sakanonmdeblo-cvlilebebi-gyla [16.12.2024].

3 For further information regarding the repressive mechanisms used by the State against the protests, see: GYLA, 10 Days of Terror Against the Peaceful Protest, 08.12.2024, https://gyla.ge/en/post/terororis10dge, [16.12.2024]; It is inadmissible to persecute or exert pressure on public servants due to differing political views, 02.12.2024, https://gyla.ge/en/post/gancxadebeba-2dekemberi, [16.12.2024].

4 IPN, Kakha Kaladze on the statement of the employees of the City Hall: I was expecting this, we have announced a reorganization in the City Hall, relocations are planned, God bless everyone on their way, 01.12.2024, https://www.interpressnews.ge/en/article/135532-kakha-kaladze-on-the-statement-of-the-employees-of-the-city-hall-i-was-expecting-this-we-have-announced-a-reorganization-in-the-city-hall-relocations-are-planned-god-bless-everyone-on-their-way/, [16.12.2024]; IPN, Nino Tsilosani on the employees of the Ministry of Foreign Affairs: it is disgusting that diplomats allegedly swear by the EU in exchange for the interests of their own country - after this farce, you will be more convincing if you leave your positions, 29.11.2024, https://www.interpressnews.ge/en/article/135405-nino-tsilosani-on-the-employees-of-the-ministry-of-foreign-affairs-it-is-disgusting-that-diplomats-allegedly-swear-by-the-eu-in-exchange-for-the-interests-of-their-own-country-after-this-farce-you-will-be-more-convincing-if-you-leave-your-positions/, [16.12.2024]; Civil Georgia, Kobakhidze Alludes to Purges, Says Civil Service is “Self-Cleansing”, 02.12.2024, https://civil.ge/archives/640508, [16.12.2024].