Challenges of the Europeanization process in the prism of law-making: Rule of Law vs. Rule by Law in Georgia

Abstract

In a modern democracy, citizens actively solve governance tasks with the public authorities. From this point of view, particular importance is given to organized cooperation between the state and citizens. These forms of citizen participation mean allowing all members of society to participate in making important political decisions. Political systems formed in emerging democracies, which suffer from a deficit of liberal and institutional awareness, are characterized by authoritarian elements. The so-called "hybrid" political regime is organized similarly to the doctrine. It is called "soft authoritarianism." [1] In such political regimes, at any level of implementation of public authority, the interests of influential persons or groups of persons (authorities) are of primary importance. Authorities try to maintain their positions and spheres of influence using both formal and informal mechanisms. In "soft authoritarianism," appointments to a position with a significant workload, post-retention, and career advancement depend on the loyalty shown to authoritarian persons.   The degree of protection of the rule of law and the openness and accountability of the law-making process clearly indicate the state's commitment to the democratic course. The rule of law is a necessary prerequisite for establishing an open, pluralistic, and tolerant society, for which the process of building liberal-democratic institutions is a facade. The degree of accountability of the government to society depends on the maximum consideration of citizens' interests in the law-making process.   One of the critical issues/indicators in determining the degree of democracy of the state is the analysis of the country's law-making process: to what extent does the law-making process serve the interest of general well-being, to what extent does the law-making process take into account "democracy from below" (directly or indirectly), to what extent is it based on the "Rule of Law" and Not the principles of "Rule by Law".   The main goal of the research is to study and analyze the protection of the Rule of Law and the principle of "bottom-up" democracy by the highest legislative body, the Parliament, in the law-making process. The subject of the research is the analysis of legislative changes related to secret listening/watching through the prism of law-making: Rule of Law vs. Rule by Law.   Within this study's scope, the institutionalization of the principles of the democratic law-making process will be based on systemic and situational approaches. Accordingly, to study the law-making process of the legislative body after the parliamentary elections of 2012.