Georgian Parliament Speaker presents constitutional lawsuit to ban United National Movement, Coalition for Change, Lelo parties

Georgian Parliament Speaker Shalva Papuashvili on Tuesday presented the joint constitutional lawsuit prepared by members of the Georgian Dream party faction and political groups People's Power and European Socialists, requesting the recognition of the activities of several political parties as unconstitutional and their ban.

Prerequisite

Before the 2024 parliamentary elections, the political team of the Georgian Dream party promised the electorate that, if supported by the voters, we would ensure the initiation of a fundamental political and legal assessment process of the United National Movement party regime. 1,120,000 voters granted us their democratic mandate to fulfill this pledge.

Based on this popular mandate, the Parliament of Georgia, through resolutions dated February 5 and April 1, 2025, established the Temporary Parliamentary Investigative Commission of Georgia to Study the Activities of the Regime Operating in 2003–2012, its Political Officials, and Current and Former Officials Affiliated with Political Parties from 2003 to the Present. During its 6-month work period, the commission held 64 sessions broadcast live, interviewed 139 individuals, and studied 778 applications from citizens. Based on the review of the Commission's nearly 500-page conclusion, the Parliament of Georgia adopted a resolution on September 3, 2025, and shared the commission's findings. With this, the Parliament of Georgia delivered a political assessment of the actions of the United National Movement and other associated parties from 2003 to 2025.

Today, we begin the fulfillment of the legal part of our pledge. Based on the findings of the temporary parliamentary investigative commission, members of the Georgian Dream party faction and the political groups People's Power and European Socialists are jointly applying to the Constitutional Court with a constitutional lawsuit demanding that specific political parties be recognised as unconstitutional and be banned.

Article 23 of the Constitution of Georgia deems the activities of a political party inadmissible if its aim is to overthrow or violently change the constitutional order of Georgia, encroach upon the independence of the country, violate its territorial integrity, or which engages in the propaganda of war or violence, incites national, ethnic, regional, religious or social hatred.

Furthermore, the activities of a political party are directly and closely related to the concept of resilient democracy, according to which the activities of a political party that disregard the idea of a democratic state or endanger any fundamental principle of the state are inadmissible. The European Court of Human Rights, relying precisely on the concept of resilient democracy in its judgments, notes that if a state authority adequately proves the risk of a political party pursuing policies that threaten democracy, the state is authorised to prevent the implementation of such policies.

Our joint constitutional lawsuit demands the recognition of several political parties as unconstitutional and their ban. Among other violations, evidence confirms that the respective political parties, in a virtually continuous mode, reject the legitimacy, and consequently, the constitutionality, of both the domestic and foreign policy of Georgia's current government and ruling political party. Thereby, these parties acknowledge that one side between them and the ruling party must undoubtedly be declared unconstitutional. Our lawsuit presents evidence that it is these political parties that are driven by unconstitutional goals.

Legal Substantiation

The constitutional lawsuit is based on the following violations provided for in Article 23 of the Constitution of Georgia:

I. Overthrowing the Constitutional Order of Georgia and Changing it by Violence

1. Infringement of Human Rights

An integral element of Georgia's constitutional order is the principle of the rule of law and fundamental human rights, the systemic violation of which constitutes an encroachment on the constitutional order of Georgia. The facts and evidence reflected in the conclusion of the temporary investigative commission confirm that during the United National Movement's time in power, the infringement of human rights extended beyond isolated incidents and took on a systemic and systematic character, specifically through:

• The implementation of the practice of torturing persons placed in penitentiary institutions.
• The implementation of the practice of murders and other forms of violence.
• The implementation of the practice of illegal surveillance of persons, illegal wiretapping, and the illegal creation, storage, and use of video, audio, and photographic materials depicting private life.
• The implementation of practices infringing on the ownership or other rights of mass media outlets.
• The implementation of practices of extortion of property and infringement of the right to property.

2. Refusal to Recognise the Legitimacy of Bodies Elected Through Universal Elections, Attempts to Overthrow or Violently Change the Constitutional Order of Georgia

Since the October 1, 2012, parliamentary elections, 9 subsequent universal elections have been held in Georgia. The unconstitutional political parties specified in the constitutional lawsuit, in a number of cases, refused to recognise the results of these elections and the legitimacy of the bodies or officials elected through them, thereby engaging in multiple acts of sabotage against the Georgian state, despite the fact that all these elections were held in accordance with the Constitution and electoral legislation of Georgia.

1) The first attempt to declare the democratically elected government illegitimate occurred after the 2016 parliamentary elections, when the United National Movement, under the false pretext of the elections being illegitimate, even boycotted the second round. However, they later began using their mandates in the Parliament of Georgia, which unequivocally confirms that there was no basis for declaring the elections illegitimate.

2) In 2018, the coalition led by the United National Movement refused to recognise the results of the Georgian presidential elections and attempted to disrupt the inauguration ceremony of the newly elected President of Georgia using violent methods.

3) In June 2019, the United National Movement and other closely related political parties attempted to storm the Parliament Palace of Georgia.

4) The 2020 parliamentary elections were deemed illegitimate by the unconstitutional political parties, who refused to participate in the work of the newly elected Parliament and attempted to storm the administrative building of the Central Election Commission of Georgia. However, they later began using their mandates in the Parliament of Georgia, which unequivocally confirms that there was no basis for declaring the elections illegitimate.

5) The 2021 local self-government elections were deemed illegitimate by the unconstitutional political parties, who launched protest actions in various cities and renewed their demand for repeat elections. However, they later began using their mandates in local self-government bodies, which unequivocally confirms that there was no basis for declaring the elections illegitimate.

6) After the 2024 parliamentary elections, the political parties that crossed the electoral threshold rejected the results of these elections, refused parliamentary mandates, and declared the newly elected Parliament illegitimate. Moreover, after the elections, the unconstitutional political parties promoted and carried out activities that included the forcible invasion of the Parliament Palace of Georgia.

In parallel with and as a continuation of the above-mentioned actions, the unconstitutional political parties made several attempts to overthrow or violently change the constitutional order of Georgia between 2022–2025.

The first attempt by the unconstitutional political parties to declare the democratically elected government illegitimate was recorded in 2016; from 2018, this attempt became systematic, and from 2020, it became systemic and continuous. Moreover, the declaration of the democratically elected government as illegitimate was accompanied by a total of six direct attempts to overthrow and violently change the constitutional order of Georgia between 2019-2025, which confirms that the activities aimed at overthrowing or violently changing the constitutional order of Georgia, which are carried out by the unconstitutional political parties, are long-lasting, systematic, systemic, and current, and unequivocally demonstrates the present-day relevance of this goal.

Thus, in 2004-2012, the United National Movement violated the fundamental human rights guaranteed by the Constitution of Georgia and the European Convention on Human Rights. At the same time, all the unconstitutional parties mentioned in the constitutional lawsuit violated the essence of democracy, provided for in Article 3 of the Constitution of Georgia and the European Convention on Human Rights, which was expressed in the baseless refusal to recognize the legitimacy of the bodies and officials elected through universal elections held in accordance with the Constitution and electoral legislation of Georgia, and in the manifestation of overt and gross disrespect for democracy.

II. Encroachment on the Independence of Georgia, Violation of the Country's Territorial Integrity

1. Events Related to the August 2008 War

During its time in power, the United National Movement committed numerous acts against the independence and territorial integrity of Georgia and carried out overt unconstitutional activities in this regard, which damaged the prospect of peaceful restoration of Georgia's territorial integrity and contributed to the occupation of Georgian territories and the strengthening of the occupying force's political positions regarding the occupation. Specifically, along with warlike rhetoric and confrontational actions in 2004-2008, the following facts should be noted:

• In 2004, armed confrontation took place in the direction of the city of Tskhinvali.
• On September 28, 2006, the Kodori Gorge was renamed Upper Abkhazia by decree of the President of Georgia.
• In November 2006, the then-government of Georgia held alternative unconstitutional elections in the territory subject to both de jure and de facto jurisdiction of Georgia in the Tskhinvali region, where the so-called President of South Ossetia was elected and a so-called alternative government of South Ossetia was established under him, whose members were called ministers. By doing so, the then-government of Georgia gave indirect legitimacy to the separatist elections in the Tskhinvali region, which was an open and gross betrayal of Georgia's state interests.
• In 2007, the then Georgian authorities created a temporary administrative-territorial unit on the territory of the former South Ossetian Autonomous Region and legally restored the borders of the South Ossetian Autonomous Region that had been abolished in 1990.
• The culmination of these actions was August 2008, when the then Georgian Government created the ground for the invasion of the [Russian-occupied] Tskhinvali region by the occupying force, after which the then Georgian Government supported the resolution of the Parliamentary Assembly of the Council of Europe of October 2, 2008, by which it recognised that its actions had escalated the escalation to a new, level of open and full-scale hostilities, and called the Russian military intervention a retaliatory attack.

Thus, since 2004, the United National Movement has systematically and consistently implemented actions and measures that contributed not only to the occupation of Georgian territories, but also to the strengthening of political positions by the occupying force in relation to the occupation.

2. Events Developed After 2012

The United National Movement continued to commit acts against the independence and territorial integrity of Georgia after 2012, which it carried out together with other closely related unconstitutional political parties.

• Damaging the Prospect of Peaceful Restoration of Georgia's Territorial Integrity and Attempting/Aiding the Escalation of Active Hostilities between Georgia and Russia

From the very first minutes of Russia's invasion of Ukraine in 2022, the goal and attempt of the unconstitutional political parties were revealed: to exacerbate the conflict between Georgia and the Russian Federation to the maximum level against the background of the Russia-Ukraine war. The unconstitutional political parties continue to try to escalate the situation between Georgia and Russia in the same form and degree as the United National Movement did before the 2008 war.

• Aiding the Foreign Power in Encroaching upon Georgia's Independence

Along with damaging the prospect of peaceful restoration of Georgia's territorial integrity and attempting/aiding the escalation of active hostilities between Georgia and Russia, the attempt to encroach upon Georgia's independence after 2012 is also carried out in other directions; namely, these political parties strive to have the Georgian state and the Georgian government “punished” from abroad concerning various issues, so that dissatisfaction accumulates among Georgian citizens, they confront their legally elected government, and these processes are used as a mechanism of sabotage against the Georgian state and as a lever of pressure on the Georgian government. Specifically, these attempts include:

• Actions detrimental to the issue of introducing and maintaining a visa-free travel for Georgian citizens in the territory of the European Union member states,
• Actions hindering the country's accession to the European Union,
• Systematic information attacks from abroad on the Georgian state and Government, attempts to impose sanctions and support for this.

Thus, in 2004-2012, the United National Movement encroached on Georgia's independence and deliberately created the ground for violating Georgia's territorial integrity, and after 2012, this political party and other unconstitutional political parties have made numerous attempts to encroach on Georgia's independence and violate its territorial integrity.

Constitutional Claim

The above-mentioned circumstances, taking into account the Constitution of Georgia and the approaches of the European Court of Human Rights, collectively create a solid constitutional basis for banning several unconstitutional political parties.
Furthermore, according to international practice, for the prohibition of a political party, along with its unconstitutional ideas and behavior, it is important that the specific party has the ability to pose a real threat to the constitutional order. The party's size, structural organization, and political influence are decisive in this regard. Therefore, when defining the parties whose prohibition we are requesting with the constitutional lawsuit, we used two main criteria:

• How solid is the legal justification for the specific party's unconstitutionality?
• How much does the specific unconstitutional party, with its size, organizational structure, or political influence, pose a real threat to the constitutional order?

Accordingly, our joint constitutional lawsuit demands the recognition as unconstitutional and the prohibition of the following three political parties, which have created a coalition entity and a unified organism acting with common aspirations and continue to act as such today. These parties are (by their legal names indicated in the registry of parties):

1. Political Union of Citizens Unity - National Movement
2. Political Union of Citizens Coalition for Change, Gvaramia, Melia, Girchi, Droa
3. Political Union of Citizens Strong Georgia - Lelo, For People, For Freedom

Other political parties were closely linked to the aforementioned parties, including Elene Khoshtaria - Droa and Girchi - More Freedom, which are formally registered as independent parties but are in fact part of the Coalition for Change: Gvaramia, Melia, Girchi, Droa. Similarly, Yes to Europe - Strategy Aghmashenebeli, European Georgia - Movement for Freedom, the Federalist Party, the Republican Party of Georgia, and other nominal, single-member, or minor parties are linked. However, as they currently lack significant influence in terms of size, organisational structure, or realistic prospects of overcoming electoral thresholds, their ban is not considered necessary at this stage. Questions of their unconstitutionality may arise later if they acquire substantial influence in the political process.
The unity of the unconstitutional goals of the above-mentioned parties is confirmed by the following circumstances:

• The leaders of these political parties were elected as members of various convocations of the Parliament of Georgia upon the nomination of the "National Movement" or the election bloc created with its participation, and held various party or political positions.
• These political parties have been presented with qualitatively identical positions for years, creating a coalition entity and a unified organism acting with common aspirations, and continue to act as such today.

At the same time, the constitutional claim does not request the termination of the mandates of representatives elected through unconstitutional parties. In practice, this would currently be relevant only to the 59 members of local councils elected under the name of the Lelo party. This approach primarily respects the voters, and, unlike the Lelo party itself - which refused parliamentary mandates granted by its voters - the claim seeks to preserve the mandates conferred by the electorate in local councils.

Also, our lawsuit does not contain a request to restrict the political activities of persons associated with the unconstitutional political party. As you know, the institution of the successor party is defined by law today, which provides a broader opportunity to prevent the future unconstitutional political activities of persons associated with the prohibited parties.