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Session Report/Rapport De Session Strasbourg, 12 July/juillet 2018 CDL-PL-PV(2018)002 Bil. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) COMMISSION EUROPEENNE POUR LA DEMOCRATIE PAR LE DROIT (COMMISSION DE VENISE) 115th PLENARY SESSION Venice, Scuola Grande di San Giovanni Evangelista Friday, 22 June - Saturday, 23 June 2018 115e SESSION PLÉNIÈRE Venise, Scuola Grande di San Giovanni Evangelista Vendredi 22 juin - Samedi 23 juin 2018 SESSION REPORT/RAPPORT DE SESSION http://www.venice.coe.int e-mail : [email protected] F-67075 Strasbourg Cedex Tel : + 33 388 41 30 48 Fax : + 33 388 41 37 38. CDL-PL-PV(2018)002 - 2 - TABLE OF CONTENTS/TABLE DES MATIERES 1. Adoption of the Agenda .....................................................................................................................4 2. Communication by the President .......................................................................................................4 3. Communication from the Enlarged Bureau .......................................................................................4 4. Communication by the Secretariat.....................................................................................................4 5. Co-operation with the Committee of Ministers ..................................................................................4 6. Co-operation with the Parliamentary Assembly ................................................................................5 7. Co-operation with the Congress of Local and Regional Authorities of the Council of Europe .........5 8. Exchange of views with the Consultative Council of European Judges (CCJE) ..............................6 9. Follow-up to earlier Venice Commission opinions.............................................................................6 Constitutional amendments as adopted at the second reading in December 2017 by the Parliament of Georgia (CDL-AD(2018)005) .....................................................................................................................6 Opinion on the Draft Act amending the Act on the National Council of the Judiciary of Poland, on the Draft Act amending the Act on the Supreme Court, proposed by the President of Poland, and on the Act on the Organisation of Ordinary Courts of Poland (CDL-AD(2017)031) ............................................7 Opinion on the Draft Law of Ukraine on Anticorruption Courts and on the Draft Law of Ukraine on Amendments to the Law on the Judicial System and the Status of Judges (concerning the introduction of mandatory specialisation of judges on the consideration of corruption and corruption-related offences) (CDL-AD(2017)020); ..................................................................................................................7 Opinion on the law on national referendum of Ukraine (CDL-AD(2013)017) ...........................................8 Opinion on the draft law on principles of the state language policy of Ukraine (CDL-AD(2011)047) .....8 Joint opinion on the draft checklist for compliance with international standards and best practices preventing misuse of administrative resources during electoral processes at local and regional level of the Congress of Local and Regional Authorities of the Council of Europe (CDL-AD(2017)006). ............8 10. Armenia ..............................................................................................................................................9 11. Serbia .............................................................................................................................................. 10 12. Hungary ........................................................................................................................................... 10 13. Romania .......................................................................................................................................... 12 14. Georgia ............................................................................................................................................ 13 15. Kosovo ............................................................................................................................................ 13 16. Malta ................................................................................................................................................ 14 17. Montenegro ..................................................................................................................................... 15 18. Study on Recall of Mayors and other local elected representatives .............................................. 15 19. Venice Principles on the protection and promotion of the Ombudsman Institution ....................... 16 20. Co-operation with other countries ................................................................................................... 17 Hungary ................................................................................................................................................... 17 Republic of Korea .................................................................................................................................... 17 Albania .................................................................................................................................................... 18 Bosnia and Herzegovina ......................................................................................................................... 18 21. Information on constitutional developments in other countries ...................................................... 19 France ..................................................................................................................................................... 19 - 3 - CDL-PL-PV(2018)002 Kazakhstan ............................................................................................................................................. 20 22. Information on Conferences and Seminars .................................................................................... 20 23. Communication from the Scientific Council .................................................................................... 21 24. Report of the meeting of the Council for Democratic Elections (21 June 2018) ............................ 22 25. Other business ................................................................................................................................ 23 26. Dates of the next sessions .............................................................................................................. 23 CDL-PL-PV(2018)002 - 4 - 1. Adoption of the Agenda The agenda was adopted without any amendments (CDL-PL-OJ(2018)002ann). 2. Communication by the President The President welcomed members, special guests and delegations, and informed the Commission about the newly appointed members and substitute members. He also presented his recent activities (CDL(2018)018). 3. Communication from the Enlarged Bureau The Commission was informed that at the meeting on 21 June 2018 the Enlarged Bureau decided to authorise the rapporteurs to prepare a preliminary opinion on the draft legislation on the judiciary of Romania (CDL-REF(2018)022, 023 and 024), in the first half of July, which will be sent to the Bureau members and the chair of the Sub-Commission on the judiciary for their input prior to its circulation, and which will be then submitted for endorsement by the Plenary in October. The Plenary was informed about the interest shown by Canada and Argentina in the Commission’s work and welcomed that these very important countries may be considering joining the Commission, subject to the agreement of the Committee of Ministers. 4. Communication by the Secretariat The Secretary of the Commission gave practical information about the session. The Sub- Commission on Democratic Institutions had decided that the report on the recall of mayors was not ready for adoption, and would be postponed to the next Plenary session. 5. Co-operation with the Committee of Ministers Ambassador Rémi Mortier, Permanent Representative of Monaco to the Council of Europe, praised the Venice Commission as a great tool in these times of crisis for constitutional democracies in Europe. The Venice Commission has acquired great legal and moral authority, but democracy and human rights in Europe are going through a difficult phase, especially due to reforms in some countries which undermine judicial independence, or to attacks on the authority of the ECtHR. The Rule of Law checklist is particularly important to continue the dialogue between the Council of Europe and the member-States, and to affirm the values on which the Council is based. Ambassador Mortier mentioned specifically the UniDem Campus project in the Mediterranean Region which is particularly important for Monaco. Ambassador Ivars Pundurs, Permanent Representative of Latvia to the Council of Europe, noted the Venice Commission’s impeccable professional record, its unique working methods, and good co-operation both with the member-States and with countries beyond Europe. He reminded the Commission about Latvia’s previous co-operation with the Venice Commission, and informed about the recent joint conference in Riga on the role of the constitutional courts in a globalized world. Ambassador Pundurs transmitted the support of his Government to the Venice Commission. The President thanked the Ambassadors for the support shown to the Venice
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