The law initiated by the “Georgian Dream” government and already adopted by Parliament, namely the Law of Georgia on Amendments to the Law of Georgia “On the Structure, Powers and Rules of Procedure of the Government of Georgia,” which establishes the position of State Minister for the Coordination of Law Enforcement Bodies,[1] is incompatible with the principle of legality. Moreover, it fundamentally contradicts the constitutional principle of separation of powers.

1.              Content of the Law

The law provides that:

• the Government shall include the State Minister of Georgia for the Coordination of Law Enforcement Bodies;
• the material, technical and organizational support for the activities of the State Minister shall be provided by the Administration of the Government of Georgia;
• the powers of the State Minister shall be determined by the Government of Georgia.

2.              Government Decree on Determining the Powers and Scope of Authority of the State Minister of Georgia for the Coordination of Law Enforcement Bodies

On the basis of the above-mentioned legislative amendment, on 30 April 2026 the Government issued Decree No. 175, which defined the powers of the State Minister of Georgia for the Coordination of Law Enforcement Bodies.

In particular, according to the decree, the position was created for the following purposes:[2]

• strengthening cooperation among law enforcement bodies;
• facilitating the planning of joint operations;
• introducing standards for information exchange;
• assessing the effectiveness of their activities and identifying problematic areas;
• “within the framework of constitutional powers,” coordinating/communicating, on behalf of the Government of Georgia, with the Prosecutor’s Office of Georgia, the State Audit Office, and the judiciary.

According to the same decree, the State Minister, among other powers, exercises the following authority:

• carries out the overall coordination of the activities of the Ministry of Internal Affairs of Georgia, the State Security Service of Georgia, and the Special State Protection Service;[3]
• coordinates the activities of the Ministry of Internal Affairs, the State Security Service, and the Special State Protection Service for the purposes of identifying, assessing, analyzing and forecasting the existing situation, internal and external threats, and challenges in the field of national security;[4]
• on behalf of the Government of Georgia, communicates with the judiciary, the Prosecutor’s Office of Georgia, and the State Audit Office.[5]

3.              A coordinating body for law enforcement agencies in the fight against crime already exists in Georgia: It’s Prosecutor’s Office of Georgia

According to the Organic Law “On the Prosecutor’s Office,” the Prosecutor’s Office of Georgia coordinates the fight against crime and the coordinated activities of law enforcement bodies for the purposes of detecting, investigating, solving, suppressing and preventing crimes, crime prevention, improving the criminogenic situation, and eliminating the causes and contributing conditions of crime.[6]

In light of the above provisions of the Organic Law of Georgia “On the Prosecutor’s Office,” it is evident that the new state body created on the initiative of the Government will partially duplicate the functions already vested in the Prosecutor’s Office.

Thus, under the hierarchy of normative acts established in Georgia, the legislative amendments contradict the provisions of an organic law, which occupies a higher hierarchical position than an ordinary law.[7]

4.              The legislative amendments are also inconsistent with the principle of legality in other respects

Under the current legislation, the bodies for whose “overall coordination” and “coordination in the field of security” the new state body has been created perform different functions:

• the Ministry of Internal Affairs is tasked with implementing preventive measures aimed at averting and suppressing possible threats of crime and other offences, detecting and investigating them, maintaining public order, and other functions;[8]
• the tasks of the State Security Service include protecting Georgia’s constitutional order, sovereignty, territorial integrity, and military potential from unlawful acts committed by foreign intelligence services and individuals; ensuring the country’s economic security; combating terrorism; combating transnational organized crime and international crime; and other functions;[9]
• the task of the Special State Protection Service is to protect high-ranking officials from unlawful acts.[10]

The creation of a unified coordinating body for agencies with such diverse functions and mandates creates a high risk of concentration of power. It is essential that the so-called coordinating body does not replace or overshadow their independent mandates.

Furthermore, these three different agencies are regulated by different legislative acts:

• the powers of the Ministry of Internal Affairs are defined by the Law of Georgia “On the Structure, Powers and Rules of Procedure of the Government of Georgia” and by the Statute of the Ministry of Internal Affairs;
• whereas the functions, formation, operation, and appointment procedures of the heads of the State Security Service and the Special State Protection Service are governed by special laws.

In view of the foregoing, the principle of legality required that this so-called “coordinating body” be established, and that its functions and the procedure for appointing its head be determined, on the basis of a special law rather than by a subordinate normative act of the Government.

5.              The amendments are contrary to the Constitution of Georgia

However, the principles of legality and hierarchy of legislative acts are violated not only in relation to organic laws and ordinary legislation, but, even more alarmingly, in relation to the Constitution itself.

As already noted above, according to the governmental decree, the State Minister, on behalf of the Government of Georgia, communicates with the judiciary, the Prosecutor’s Office of Georgia, and the State Audit Office.

The Prosecutor’s Office of Georgia is a constitutional body, independent in its activities and subordinate only to the Constitution and the law.[11] Consequently, the intention of the drafters of the law that a representative of the executive branch should engage in any form of “communication” with the Prosecutor’s Office of Georgia constitutes a gross violation of the principle of prosecutorial independence.

The same applies to the State Audit Office, which is likewise an independent constitutional body and accountable not to the executive branch but to Parliament.[12]

Finally, the incompatibility of the amendments with the Constitution is particularly evident with respect to the judiciary. Until now, no legislative act or other official document in Georgia has so openly declared that a body of the executive branch may engage in any form of “communication” with the judiciary, any of its institutions, or a judge, who is independent and subject only to the Constitution and the law.[13]

The Organic Law “On Common Courts” prohibits, inter alia, communications by a public servant, civil servant, holder of a state-political office, political official, or any other person concerning the examination of a specific case or issue and/or the anticipated outcome of a case, where such communication violates the principles of judicial/judge independence, impartiality, and adversarial proceedings, or constitutes an attempt to influence a judge or the independence of the judiciary in general.[14]

Moreover, in certain circumstances, such improper communication may be regarded as gross interference in the activities of the court aimed at influencing the administration of justice, which constitutes a criminal offence under the Criminal Code.[15]

6.              The amendments grossly violate the constitutional principle of separation of powers

Taken as a whole, both the law under discussion and the governmental decree are entirely incompatible with the constitutional principle of separation of powers, which constitutes a foundational principle of any democratic state governed by the rule of law.[16]

[1] Law of Georgia “On Amendments to the Law of Georgia on the Structure, Powers and Rules of Procedure of the Government of Georgia,” 29 April 2026, No. 1545-Vმს-XIმპ.

[2] Decree No. 175 of the Government of Georgia of 30 April 2026, Article 1(1).

[3] Ibid., Article 1(5)(c).

[4] Ibid., Article 1(5)(f).

[5] Ibid., Article 1(5)(d).

[6] Organic Law of Georgia “On the Prosecutor’s Office,” Article 28(1).

[7] Organic Law “On Normative Acts,” Article 7(2).

[8] Decree No. 337 of the Government of Georgia of 13 December 2013 on Approving the Statute of the Ministry of Internal Affairs of Georgia, Articles 3–4 of the Decree.

[9] Law of Georgia “On the State Security Service of Georgia,” Article 5.

[10] Law of Georgia “On the Special State Protection Service,” Article 4.

[11] Constitution of Georgia, Article 65(1).

[12] Ibid., Article 69(4)–(5).

[13] Ibid., Articles 59 and 63.

[14] Organic Law of Georgia “On Common Courts,” Article 72¹(1).

[15] Criminal Code of Georgia, Article 364(2).

[16] Constitution of Georgia, Article 4.