The Georgian Parliament has decided not to adopt new rules for electing the prosecutors general proposed in the EU-brokered deal between the ruling “Georgian Dream” and the opposition. The move triggered criticism from the US and EU ambassadors.

The parliament gave the first reading to constitutional amendments that reduce the electoral threshold from 5% to 2% for the next two parliamentary elections, introducing a fully proportional vote and allowing four MPs, instead of seven, to form parliamentary factions, the Georgian media reported.

The amendments were backed by 126 MPs with no one voting against.

The ruling “Georgian Dream” initiated amendments, however, did not include the proposed changes for electing prosecutors general, it was reported on 7 September.

The EU-brokered agreement says that "a vote of a qualified majority of the Members of Parliament, ensuring the broadest, cross-party political support, shall be required for the appointment of the next prosecutors general.”

The agreement helped to defuse the political crisis in Georgia triggered by the disputed 2020 parliamentary election, but it was unilaterally declared annulled recently by “Georgian Dream.”

At consultations with political parties earlier on 6 September, “Georgian Dream” rejected the proposed condition for electing the prosecutors general as "absurd" and "ugly,” adding that the ruling team was no longer required to introduce proposed change since the Charles Michel deal was declared annulled.

The Rustavi-2 TV channel said in reports posted on its website on 8 September that the opposition "positively assessed" the approval of the 2% electoral threshold and shift to the proportional vote, expressing hope that it would bring improvement and stability to the country’s political environment in the long run.

However, the opposition criticised the ruling team for declining the proposed changes affecting the election of the prosecutors general.

The US Embassy in Georgia has disapproved of the move, saying that "this is yet another broken promise by the ruling party to make the much-needed judicial reforms" and was "missed opportunity to increase the independence, transparency, and integrity of Georgia's judiciary.” "The people of Georgia deserve an impartial, independent judiciary that is not used for political purposes," said the statement posted on the Embassy's website on 7 September.

EU Ambassador Carl Hartzell has said that "the European Union regrets that yet another commitment to reform the judiciary was not upheld" and called on all parties to "redouble their efforts to work together in an inclusive process in parliament to implement key reforms to the judicial system."

“Georgian Dream” Chairman Irakli Kobakhidze dismissed the EU and US criticisms, saying that it was the "result of incorrect legal analysis."

"Both statements are very regretful. When there is clear legal nonsense, it requires correct legal assessments from international partners too.”

"It is regretful that both embassies were given incorrect legal advice. This is a result of incorrect legal analysis. Naturally, the ambassadors cannot analyse legal norms on their own. They need the right advisers. However, it seems that they (the ambassadors) were not provided with the correct advice," Kobakhidze said in a TV interview on 7 September.