The Venice Commission of the Council of Europe

PREPARATION OF AN OPINION THE VENICE COMMISSION ➥ Submission to the Commission of a (draft) constitutional or legislative text by a national or international OF THE COUNCIL OF EUROPE body or the Council of Europe* ➥ Setting up a working group of rapporteur members and experts assisted by the secretariat Who can refer a matter ➥ Comments by the rapporteurs on compliance of the text with MORE INFORMATION: to the Commission? international standards and practice ➥ Visit to the country for talks with the VENICE COMMISSION MEMBER STATES authorities, civil society and other 3 DG-I, Council of Europe 3 Parliaments interested stakeholders 67075 Strasbourg Cedex France Tel.: +33 3 88 41 20 67 Governments Final draft opinion 3 Fax: +33 3 88 41 37 38 3 Courts ➥ Submission of the draft opinion E-mail: [email protected] 3 Ombudspersons to all members of the Commission FOR PRESS CONTACTS COUNCIL OF EUROPE before the plenary session Tatiana MYCHELOVA 3 3 Secretary General 3 ➥ Discussion of the draft opinion in Tel : +33 3 88 41 38 68 3 Committee of Ministers a sub-commission and with the E-mail: [email protected] 3 Parliamentary Assembly national authorities (if necessary) 3 Congress of Local and Regional Authorities ➥ Discussion and adoption of the www.venice.coe.int INTERNATIONAL opinion at plenary session ORGANISATIONS ➥ Submission of the opinion to PREMS121014 European Union 3 the body which requested it 3 OSCE/ODIHR ENG 3 other international organisations ➥ Posting of the final text of the opinion involved in the Commission’s work on the Commission’s website: The Council of Europe is the continent’s www.venice.coe.int leading human rights organisation. It comprises 47 member states, 28 of which are members of the European Union. AMICUS CURIAE OPINIONS All Council of Europe member states have signed up to The Commission may also provide amicus curiae 3 the European Convention on Human Rights, a treaty designed opinions at the request of a constitutional court or the European Court of Human Rights. These opinions to protect human rights, democracy and the rule of law. are not on the constitutionality of the act concerned, The European Court of Human Rights oversees but on comparative constitutional and international the implementation of the Convention in the member states. law issues. The Commission also co-operates with ombudspersons through amicus ombud opinions mainly on the legislation that governs their work. * Request for opinion may be sent to the President or the Secretary of the Commission by e-mail / fax / post. CONSTITUTIONAL JUSTICE ELECTIONS, REFERENDUMS AND ORDINARY JUSTICE AND POLITICAL PARTIES ■ As it believes that constitutional justice is a key ■ Elections and referendums which meet inter- aspect of democracy, the protection of human rights national standards are of the utmost importance and the rule of law, the Venice Commission supports in any democratic society. This is therefore the third constitutional courts and equivalent bodies by of the Commission’s key areas of activity. These Promoting democracy through law The Commission’s activities Mfostering dialogue between judges. Although con- matters are dealt with by the Council for Democratic O stitutionsM differ from country to country, constitu- Elections (CDE), a body comprising representatives C E tional courts canI Sdraw mutual inspiration from the of the Venice Commission, the Parliamentary reasoning they developS on common constitutional Assembly and the Congress of Local and Regional ■ The role of the Venice Commission – whose full ■ Its individual members are university professors OPINIONS AND STUDIES CONFERENCES AND SEMINARS C I principles (“cross-fertilisation”).I Authorities of the Council of Europe. name is the European Commission for Democracy of public and international law, supreme and consti- O through Law – is to provide legal advice to its member tutional court judges and members of national par- ■ The Venice Commission’s primary task is to ■ As the quality of democracy dependsN not only ■ To this end, the Commission compiles and dis- ■ The Venice Commission and the CDE have set provide states with legal advice in the form of legal on the quality of laws, but also on their implementation, N states and, in particular, to help states wishing to liaments. They are designated for four years by the E seminates constitutional case-law in the Bulletin on out the international standards which should apply bring their legal and institutional structures into line member states, but act in their individual capacity. opinions on draft legislation or legislation already in the Commission holds seminars and conferences in Constitutional Case-Law and the CODICES database. to the organisation of elections in the Code of Good with European standards and international experience Mr Gianni Buquicchio is the President of the force which is submitted to it for examination. It also partnership with constitutional courts,V parliaments, They present the most significant decisions delivered Practice in Electoral Matters. They are active in draft- in the fields of democracy, human rights and the rule Commission since December 2009. produces studies and reports on topical issues. Groups central electoral commissions and universities. by over 100 participating courts, as well as constitu- ing guidelines on a number of issues which are of law. of members assisted by the secretariat prepare the tions, laws and descriptions of how the various con- essential for the organisation of elections and the ■ The Commission works in three areas: draft opinions and studies, which are then discussed TRANSNATIONAL STUDIES stitutional courts operate. The Commission also facil- functioning of political parties. They also draw up ■ It also contributes to the dissemination and 3 democratic institutions and and adopted at the Commission’s plenary sessions. AND TRAINING consolidation of a common constitutional heritage, itates the exchange of information between courts opinions and recommendations on electoral legis- fundamental rights; through the online Venice Forum. lation in the member states together with the OSCE/ plays a unique role in conflict management and pro- ■ Reflection and research concerning topical trans- 3 constitutional justice and ordinary justice; ODIHR. vides “emergency constitutional aid” to states in A DIALOGUE-BASED national questions form the basis of the Universities ■ At the request of a constitutional court, the transition. 3 elections, referendums and political parties. WORKING METHOD for Democracy (UniDem) studies and conferences, the Commission may provide amicus curiae opinions on ■ Regarding legislation – although improvements ■ Its permanent secretariat is located in findings and proceedings of which are published in the aspects of comparative international law regarding are desirable, even necessary in a significant number ■ The Commission has 60 member states: the 3 The Commission does not seek to impose the Science and Technique of Democracy series. 47 Council of Europe member states, plus 13 other Strasbourg, France, at the headquarters of the solutions set out in its opinions. Rather, it adopts a cases under way. of states – the problems to be solved mainly concern Council of Europe. Its plenary sessions are held in its implementation. The Commission is therefore countries (Algeria, Brazil, Chile, Israel, Kazakhstan, the non-directive approach based on dialogue and shares ■ In response to co-operation requests from involved in assistance activities concerning the Republic of Korea, Kosovo, Kyrgyzstan, Morocco, Venice, Italy, at the Scuola Grande di San Giovanni member states’ experience and practices. For this non-European courts, the Commission established implementation of international standards on elec- Mexico, Peru, Tunisia and the USA). Evangelista, four times a year (March, June, October reason, a working group visits the country concerned the World Conference on Constitutional Justice, for tions, in co-operation with the other international and December). to meet the various stakeholders and to assess the which it provides the secretariat. situation as objectively as possible. The authorities bodies active in this area. In addition, the VOTA are also able to submit comments on the draft database contains a compendium of member states’ opinions to the Commission. The opinions prepared electoral laws. Commission members are generally heeded by the countries concerned. 3 International institutions, civil society and the media regularly refer to the Commission’s opinions. MEMBERS ■ Albania (1996), Algeria (2007), Andorra (2000), ASSOCIATE MEMBER Armenia (2001), Austria (1990), Azerbaijan (2001), Fields of action Belgium (1990), Bosnia and Herzegovina (2002), Brazil ■ Belarus (1994) (2009), Bulgaria (1992), Chile (2005), Croatia (1997), Cyprus (1990), Czech Republic (1994), Denmark (1990), OBSERVER STATES DEMOCRATIC INSTITUTIONS NEIGHBOURHOOD POLICY/ A LAW-BASED APPROACH TO Estonia (1995), Finland (1990), France (1990), Georgia AND FUNDAMENTAL RIGHTS CO-OPERATION WITH CONFLICT RESOLUTION (1999), Germany (1990), Greece (1990), Hungary ■ Argentina (1995), Canada (1991), Japan (1993), Holy-See (1992), Uruguay (1995) NEIGHBOURING COUNTRIES The resolution of a conflict must be based on a viable (1990), Iceland (1993), Ireland (1990), Israel (2008), ■ Assisting states in the constitutional and legis- 3 Italy (1990), Kazakhstan (2011), Kosovo (2014), lative field so as to ensure the democratic functioning 3 Without losing sight of its objective in

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