Dismissed from the civil service for political views or taking part in protests: what to do under Georgian law

What to do

1. Deadlines: a complaint against the order must be filed within 1 month of its delivery (General Administrative Code of Georgia, Art. 180); a lawsuit within 1 month of the decision on the complaint or the expiry of the period for considering it (Administrative Procedure Code of Georgia, Art. 22). In parallel, a discrimination claim (remedy for the consequences, and damages) may be brought within 1 year from when you learned of the discrimination (Civil Procedure Code of Georgia, Art. 363²) — but it does not extend the month for contesting the order.
2. Rights of the civil servant (state directly): a civil servant (not a manager) may publicly criticise the institution's policy, outside their direct area of competence and as a personal opinion (General Rules of Ethics and Conduct in Public Institutions, Art. 11); neutrality means not engaging in politics DURING WORKING HOURS (Law of Georgia on Public Service, Art. 68); campaigning during working hours or in the exercise of official powers is prohibited (Law of Georgia on Public Service, Art. 15) — so a letter, a post or an action outside work and without using one's position is lawful; restricting rights because of political views is prohibited (Law of Georgia on Public Service, Art. 9); persecution for an opinion is impermissible (Constitution of Georgia, Art. 17); the right of assembly applies, except for the defence forces and security bodies (Constitution of Georgia, Art. 21).
3. Formal basis: dismissal is permitted only on a ground set out in law (Law of Georgia on Public Service, Art. 106); a typical pretext is a breach of ethics leading to 'discrediting', including outside service (Art. 85); disciplinary dismissal is permitted only for serious misconduct (Art. 98). Check the disciplinary procedure and proportionality.
4. Proving the motive: chronology (letter or action, then the order), selectivity, statements by management; once facts are presented that give grounds to presume discrimination, the respondent must prove that there was none (Civil Procedure Code of Georgia, Art. 363³).
5. Where to go: the administrative court for reinstatement (if the order is annulled — reinstatement to the same or an equivalent post (Law of Georgia on Public Service, Art. 118)); the Public Defender is not a mandatory step before court (Civil Procedure Code of Georgia, Art. 363²); the Public Defender issues a recommendation; if a court case on the same facts is brought, the Public Defender's proceedings are suspended (Law of Georgia on Elimination of All Forms of Discrimination, Art. 9).
6. Where to apply: superior body, then the administrative panel of the court; Public Defender of Georgia (საქართველოს სახალხო დამცველი); after domestic remedies are exhausted — the European Court of Human Rights.
7. Evidence: the order and the date of its delivery; the letter or post with its date; a work timesheet showing the activity took place outside working hours; correspondence; witnesses; what happened to the other signatories.
8. Pitfalls: waiting for the Public Defender's findings and missing the one-month deadline for the complaint or lawsuit; assuming that neutrality bans views held outside work; managers and staff of law-enforcement bodies are subject to stricter restrictions.

Be sure to check

• right to speak publicly about the institution's policy (Ethics Rules); neutrality applies only to working hours and official position — views and assemblies outside work are protected
• the formal ground is still checked (closed list, seriousness of the misconduct)
• complaint and administrative lawsuit — 1 month each; discrimination claim — 1 year, and the burden of proof shifts
• the Public Defender is not a mandatory step, and its recommendation does not replace a court decision