Introduction

Today, a modern Georgia is in the crucial phase of its development. Despite challenges, we should achieve our European and Euro-Atlantic aspirations. Our ancestors, and currently, we are fighting for the European, better future of Georgia. Brave Georgian soldiers sacrificed themselves for this great idea while protecting the country's territorial integrity and participating in international missions. Years ago, after the collapse of the Soviet Union, Georgia regained its political independence. However, we have to protect our freedom constantly. Regardless of challenges, we have developed strategic ties with our partners. By creating bilateral and multilateral formats with them, we have defined priorities of cooperation that combine the main directions of the country's development. With their financial assistance, we have implemented reforms on the European and Euro-Atlantic path. Because of the strong willingness of our citizens, the support of our allies, and geopolitical factors, Georgia is now a candidate state of the European Union. Also, Georgia is an aspirant country of NATO. Simultaneously, we have illustrated that we can significantly contribute to ensuring the security of the Euro-Atlantic area. All this creates a vitally important opportunity to achieve more tangible results in the international arena and to create a solid foundation for safeguarding the rights of citizens and for their well-being and development. Therefore, we should not make decisions which will impede this process. We must appropriately use geopolitical opportunities for the European future of Georgia.

Three main factors for not adopting the draft law "On Transparency of Foreign Influence"

1. As a result of the legal analysis of the draft law "On Transparency of Foreign Influence", it can be said that the scope of its regulation includes a wide range of organizations operating in the country. The draft law applies to non-governmental and media organizations with over 20% of annual income from foreign sources. These entities should register as organizations that carry out the interests of a foreign principal. By doing so, it will stigmatize civil and media organizations, regardless of the goals and tasks of these institutions. Specifically, an organization that promotes the improvement of professional skills of youngsters in the regions through training and other professional programs, assists Georgian farmers in using opportunities of the EU market, focuses on programs concerning the protection of cultural heritage, or promotes safeguarding the rights of people with different needs and facilitates the creation of an appropriate environment, or it provides free legal assistance to citizens to protect their fundamental rights and freedoms, or it disseminates information to the public, establishes a platform for critical opinions, is considered an organization carrying out the interests of a foreign principle. These goals indicate that each direction of activity serves the democratic development of the country and contributes to the creation of an environment focused on the protection of human rights and well-being.

2. Article 8 of the draft law allows the state to interfere in the daily activities of non-profit and media organizations without a clearly defined scope. Namely, the Ministry of Justice of Georgia is authorized to provide monitoring to identify the organization carrying out the interests of a foreign principal or to check the fulfilment of any of the requirements of the draft law. The basis for its initiation is 1) the decision of the relevant authorized person of the Ministry of Justice of Georgia; 2) A written statement submitted to the Ministry of Justice of Georgia, which contains information about possible organizations carrying out the interests of a foreign principle. The bill does not define the exact grounds for so-called monitoring. During the inspection, the relevant authorized person of the Ministry of Justice of Georgia has the right to search the personal data of the organization's employees, which violates the standards of personal data protection because they should be processed within the limitations defined by the law.

The so-called monitoring system will violate the freedom of civil and media organizations, and it will not allow them to act independently, which will essentially damage the pluralistic environment and hinder the country's democratic processes. For example, a critical media outlet can be the real reason for the so-called monitoring. Such approaches can be used by the state against non-governmental organizations, which ultimately leads to the weakening of the independence of these organizations and, in the worst case, causes the termination of the functions of these entities. This process will threaten the democratic development of the country. It requires the implementation of initiatives that will not harm the civil environment but will contribute to its improvement. For democratization, it is essential to ensure a system of checks and balances. The functioning of this is impossible without a free society and the media. That is why this draft law is incompatible with American, and European values, where freedom is the pillar of democracy, development and many opportunities.

3. During the legal analysis of the draft law, the most important task for lawyers is to answer the guiding question: does the draft law comply with the supreme law of the country - the Constitution of Georgia? Compliance with the hierarchy of normative acts is a necessary condition for the viability of any initiative. According to Article 78 of the Constitution of Georgia, the constitutional bodies within the scope of their competences shall take all measures to ensure the full integration of Georgia into the European and Euro-Atlantic structures. The incompatibility of the draft law with European values threatens the achievement of the country's European and Euro-Atlantic goals and, accordingly, violates the spirit of Article 78 of the Constitution of Georgia.

Foreign political context

We should emphasize again that the support of partners is critically necessary for a small state especially when we have to protect national interests under conditions of occupation and annexation. Statements of our partners regarding the bill deserve attention. In the changed geopolitical situation, their support is an important factor in achieving Georgia's foreign policy priorities, which requires appreciation and deepening cooperation. Furthermore, their neglect may cause irreparable damage to the country's European and Euro-Atlantic goals, which are supported by the majority of the Georgian population and are envisaged by the Georgian constitution.

The U.S. House of Representatives and Senate have approved$61 billion in aid for Ukraine. It is another clear proof that the victory of Ukraine will become the basis for the transformation of the current international security system. In this system, Georgia, with the support of the United States and other Western partners, should be able to gain an appropriate place with new large-scale projects, outlining new functions. Our country, as a littoral state of the Black Sea, is strategically important invarious contexts, including the economic one. Therefore, we should use this historical, geopolitical opportunity to better ensure our national interests.

"Gen Z"

Youngsters have demonstrated incredible bravery on the path of Georgia's European integration. This generation makes choices based on an idea because it creates a belief in a better future, which is necessary for unifying the nation. They can defend great ideas and take decisive steps for the European future of Georgia. It gives us hope that we will be able to achieve common goals.

Conclusion

We need to move forward to Europe, our historic, strategic choice! It means implementing the nine recommendations to start negotiations with the European Union about accession. Therefore, we should not make decisions that will damage this process. We need a proactive foreign policy to perform constitutional duties, not discussions on approaches inconsistent with European values.

Ilia Chavchavadze noted that We have ''Fatherland, language and religion'' and should take care of these three pillars of our identity. Also, we should act according to the inscription of the Georgian Emblem - "Strength in Unity". With unity, it is possible to achieve a common victory and finally create a solid foundation for the country's European future.

Dr. Khatuna Burkadze - Director of Foreign Policy Studies at ''Geocase,'' Professor, an Alumna of the Fletcher School of Law and Diplomacy and the Harvard Negotiation Program, a member of the Governing Board of the U.S. Government Exchange Program Alumni Association of Georgia