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Prems 105313 GBR 2065 Reportvenicecommissio2012 TXT PREMS105313 GBR V ENICE COMMISSION Annual reportAnnual of activities 2012 VENICE COMMISSION The Council of Europe has 47 member states, covering virtually the entire continent of Europe. It seeks to develop common democratic and legal principles based on the European Convention on Human Rights and other reference texts on the protection of individuals. Ever since it was founded in 1949, in the aftermath of the Second World War, the Council of Europe has symbolised reconciliation. Annual report of activities 2012 European Commission Council of Europe, 2013 for Democracy through Law Venice Commission DDG-I, Council of Europe – 67075 Strasbourg Cedex France Tel.: +33 3 88 41 20 67 – Fax: +33 3 88 41 37 38 E-mail: [email protected] www.venice.coe.int Members – 59 Albania (1996), Algeria (2007), Andorra (2000), Armenia (2001), Austria (1990), Azerbaijan (2001), Belgium (1990), Bosnia and Herzegovina (2002), Brazil (2009), Bulgaria (1992), Chile (2005), Croatia (1997), Cyprus (1990), Czech Republic (1994), Denmark (1990), Estonia (1995), Finland (1990), France (1990), Georgia (1999), Germany (1990), Greece (1990), Hungary (1990), Iceland (1993), Ireland (1990), Israel (2008), Italy (1990), Kazakhstan (2011), Republic of Korea (2006), Kyrgyzstan (2004), Latvia (1995), Liechtenstein (1991), Lithuania (1994), Luxembourg (1990), Malta (1990), Mexico (2010), Republic of Moldova (1996), Monaco (2004), Montenegro (2006), Morocco (2007), Netherlands (1992), Norway (1990), Peru (2009), Poland (1992), Portugal (1990), The opinions expressed in this work are the responsibility of the authors and do not necessarily reflect the official policy of the Romania (1994), Russian Federation (2002), San Marino (1990), Serbia (2003), Slovakia (1993), Slovenia (1994), Spain (1990), Council of Europe. Sweden (1990), Switzerland (1990), “the former Yugoslav Republic of Macedonia” (1996), Tunisia (2010), Turkey (1990), Ukraine (1997), United Kingdom (1999), United States (2013) All requests concerning the reproduction or translation of all or part of this document should be addressed to the Directorate of Communication (F-67075 Strasbourg Cedex or [email protected]). All other correspondence concerning this document should be Associate member addressed to the European Commission for Democracy through Law (Venice Commission). Belarus (1994) Observers – 5 Argentina (1995), Canada (1991), Holy See (1992), Japan (1993), Uruguay (1995) Participants – 2 European Union, OSCE/ODIHR Special co-operation status – 2 Palestinian National Authority, South Africa Cover and layout: SPDP, Council of Europe © Council of Europe, August 2013 Printed at the Council of Europe European Commission for Democracy through Law The Venice Commission of the Council of Europe Annual activity report for 2012 Council of Europe, 2013 Dear Reader, be respected, is still missing. Checks and balances are regarded as an obstacle to and not as a necessary part of You have before you an overview of all the work done a democratic government and of good governance. by the Venice Commission of the Council of Europe in the year 2012. When you look through the report, you I think the Council of Europe in general, and our will quickly understand that we have been dealing with Commission in particular, has an important role to play a large number of important and sensitive issues. You not only in Europe but also worldwide, in recalling the will also observe that although the number of opinions need for stable rules that also protect the rights of politi- adopted by the Commission is not necessarily growing, cal minorities and in assisting countries to develop their the issues tend to become more and more complex and legislation, as well as their legal culture. The consolida- sensitive. All of them directly concern the core values tion phase of the democratic institutions is as important of the Council of Europe and remain very much on the as the transition itself, and we should never become com- agenda of our European member States and are crucial placent and believe that democracy is an acquis and that for the Eastern and Southern Neighbourhood as well as democratic transitions are irreversible, particularly if the beyond. democratic mindset is not itself an irreversible acquis. Over the past twenty years, the Commission was first In 2012, the Venice Commission has contributed to involved in the constitutional and legal transformation making the Council of Europe more visible and politi- phase of several states, and subsequently in the imple- cally relevant, which is one of the main goals of the mentation phase of the reforms. Both phases were in recent reform of the Council of Europe. no way easy. We are now witnessing the consolidation The fact that we are able to carry out such a wide range phase of the new institutional settings, brought about by of activities in a very timely manner and with limited the democratic transition, and we now see more clearly resources confirms the usefulness of the flexible working than in the past the importance of legal, constitutional methods of the Commission and we will strive to main- and political culture. Cultural changes take time and we tain this flexibility. note with concern that in many new – and no longer 3 so new – democracies, we still witness a “winner takes Finally, I would like to underline that the impact of our all” culture, where the majority which won the elections activities very much depends on our close co-operation takes complete control of the State. The Constitution is with other parts of the Council of Europe as well as with not considered a framework in which politics take place other international organisations. In this Annual Report, and which reflects a consensus within society, but rather you will find a chapter devoted to co-operation with the as an instrument of the majority to impose its will. Often organs of the Council of Europe and with other interna- the understanding that the independence of the constitu- tional organisations. Within the Council of Europe, the tional court and that of the judiciary and the autonomy Parliamentary Assembly is our best partner, asking for of other institutions, such as the Ombudsperson, has to the greatest number of opinions. The Secretary General European Commission for Democracy through Law Table of contents increasingly requests our opinions and deals with their and more to our recommendations in its relations with follow-up at the political level. Moreover, there is a lot of candidate states and potential candidate states. technical co-operation with other parts of DG I and the Democratic Governance Directorate of DG II. As regards Last, but not least, you are most welcome to contact us other international organisations, we work closely for further information about our work. together with, notably, the European Union and OSCE- Best regards, ODIHR to ensure that states receive the same messages from the various European organisations. The European Thomas Markert, Union considers us a reliable partner and refers more Director, Secretary of the Venice Commission 4 Annual activity report for 2012 Table of contents I. Working for democracy through law An overview of Venice Commission activities in 2012 ...................................................................................................... 11 1. The Venice Commission: an introduction ................................................................................................................................ 11 2. The Commission in 2012 ............................................................................................................................................................ 15 Member States ............................................................................................................................................................................. 15 Scientific Council ......................................................................................................................................................................... 15 Key developments and key figures ........................................................................................................................................... 15 Democratic institutions and fundamental freedoms ............................................................................................................ 16 Constitutional and ordinary justice, ombudspersons ........................................................................................................... 17 Elections, referendums and political parties .......................................................................................................................... 18 Sharing European experience with non-European countries .............................................................................................. 18 II. Democratic development of public institutions and respect for human rights ...................................................... 23 1. Country specific activities .......................................................................................................................................................... 23 Azerbaijan ..................................................................................................................................................................................... 23 Belarus ..........................................................................................................................................................................................
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