“There was no obligation” - Garibashvili on the Publication of Government Decrees

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“I encountered such a practice in the government. It didn't take me long to change this practice. Firstly, there is no internationally established rule and standard – that by all means all decrees must be published. This is not a mandatory rule, mandatory practice,” stated Irakli Garibashvili, the chairman of Georgian Dream, in response to inquiries regarding the non-publication of government decrees during his tenure as Prime Minister.

“We have analyzed the practices of many countries. Consider the USA, and European countries; do you believe everything is transparent there? Why have you, the media, never raised this issue before? I served as Prime Minister for three years. Can you recall a single instance when you requested a copy of a decree? I would have gladly provided it,” Garibashvili remarked during today's briefing. He did not address the journalist's assertion from TV company Pirveli that requests for decrees had been made numerous times but had gone unanswered.

“Throughout my tenure as Prime Minister, I did not make any unlawful decisions. All decisions were made fully by the law. I never made decisions contrary to the interests of the country and its citizens.

I have never concealed any information. Let me explain simply: when the most corrupt, closed-off, anti-European, anti-Georgian remnants of the former government, representatives of the 'National Movement', and their associates sought certain information from me, I expressed my objection. Naturally, this was all political, and our response was appropriate. We abided by the law in our actions and reactions, but I want to stress that there was no obligation to do so,” Garibashvili affirmed.

The practice of publishing government decrees was halted on September 26, 2020, during Giorgi Gakharia's tenure as Prime Minister. This practice persisted after February 22, 2021, during Irakli Garibashvili's prime ministership, rendering the government administration one of the most opaque and closed state entities.

According to the non-governmental organization Transparency International - Georgia, in 2023, the Government of Georgia deliberated on at least 531 draft decrees across 48 sessions, none of which have been disclosed to the public to date. Of last year's decrees, 23% - 122 out of 531 - pertained to the transfer of state property to specific individuals in various forms or the revision of conditions previously accepted by the state.

The government administration refrained from providing public information not only regarding state property transferred for a nominal fee but also on other significant matters.

After a three-year hiatus, the government decree was publicly released on February 12, 2024. During the same-day government meeting, the new Prime Minister, Irakli Kobakhidze, emphasized the importance of government transparency, asserting that “each decision should be as open as possible to citizens.”

According to Article 40 of the General Administrative Code of Georgia, a public institution is obligated to promptly provide public information or do so no later than within 10 days if responding to a request for public information necessitates: searching and processing information from its structural subdivisions or other public institutions in different locations; the search and processing of substantial volumes of individual documents; or consultation with its structural subdivisions or other public institutions in different locations.

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