The Venice Commission 2010 Annual activity report 100 95 75 25 European Commission for Democracy through Law 5 COUNCIL CONSEIL OF EUROPE DE L’EUROPE 0 Member states of the Venice Commission, 2011 Members – 57 Kyrgyzstan (1.01.2004) Ukraine (3.02.1997) Latvia (11.09.1995) United Kingdom (1.06.1999) Albania (14.10.1996) Liechtenstein (26.08.1991) Algeria (1.12.2007) Lithuania (27.04.1994) Associate member Andorra (1.02.2000) Luxembourg (10.05.1990) Armenia (27.03.2001) Malta (10.05.1990) Belarus (24.11.1994) Austria (10.05.1990) Mexico (3.02.2010) Azerbaijan (1.03.2001) Moldova (25.06.1996) Observers – 7 Belgium (10.05.1990) Monaco (5.10.2004) Bosnia and Herzegovina (24.04.2002) Montenegro (20.06.2006) Argentina (20.04.1995) Brazil 01.04.2009) Morocco (1.06.2007) Canada (23.05.1991) Bulgaria (29.05.1992) Netherlands (1.08.1992) Holy See (13.01.1992) Chile (1.10.2005) Norway (10.05.1990) Japan (18.06.1993) Croatia (1.01.1997) Peru (11.02.2009) Kazakhstan (30.04.1998) Cyprus (10.05.1990) Poland (30.04.1992) United States (10.10.1991) Czech Republic (1.11.1994) Portugal (10.05.1990) Uruguay (19.10.1995) Denmark (10.05.1990) Romania (26.05.1994) Estonia (3.04.1995) Russian Federation (1.01.2002) Participants – 4 Finland (10.05.1990) San Marino (10.05.1990) France (10.05.1990) Serbia (3.04.2003). European Commission Georgia (1.10.1999) Slovakia (8.07.1993) EU Committee of the Regions Germany (3.07.1990) Slovenia (2.03.1994) OSCE/ODIHR Greece (10.05.1990) Spain (10.05.1990) International Association of Constitutional Hungary (28.11.1990) Sweden (10.05.1990) Law (IACL) Iceland (5.07.1993) Switzerland (10.05.1990) Ireland (10.05.1990) “The former Yugoslav Republic of Special co-operation status – 2 Israel (1.05.2008) Macedonia” (19.02.1996) Italy (10.05.1990) Tunisia (1.04.2010) Palestinian National Authority Republic of Korea (1.06.2006) Turkey (10.05.1990) South Africa 100 95 75 25 5 0 European Commission for Democracy through Law The Council of Europe’s Venice Commission 2010 annual activity report Council of Europe, 2011 European Commission for Democracy through Law – Venice Commission, Council of Europe F-67075 Strasbourg Cedex www.venice.coe.int © Council of Europe 2011 Photos © Council of Europe, Shutterstock, Tomo Jesenicnik, kameel – fotolia.com Printed at the Council of Europe Foreword One of the highlights for the Venice Commission in 2010 range of its partners is widening. Additional European was the celebration of its 20th anniversary on 5 June. countries are now interested in working with the Venice Commission. An example is its co-operation with Turkey The high-level participation from Council of Europe bod- on judicial reforms and its opinion on the Electoral Code ies, international institutions and member states – both of Norway. At the same time, non-European countries are European and non-European – shows that the history of turning more and more to the Venice Commission for ad- the Venice Commission is a successful one. The Council of vice. In 2010, the increase in activities in central Asia was Europe acted with much foresight when it established the the main example. In 2011 the wave of change that swept Venice Commission a few months after the fall of the over North African and other Arab countries will be a Berlin Wall. It very soon became clear that the Venice major challenge for the Venice Commission. The Venice Commission would have an important role to play in Commission will therefore be a key element of the Coun- bringing the new democracies in central and eastern cil of Europe’s neighbourhood policy. Europe closer to attaining the Council of Europe values of democracy, the rule of law and human rights. This again shows that the main strength of the Venice Commission is that it is a part of the Council of Europe It was less obvious at the time that this role of the Venice and based on the universal values of this organisation. Commission would continue for such a long period of The Venice Commission can be effective only thanks to time and that its importance would continue to increase the support from the Council of Europe’s bodies, in par- after the first phase of the transition. Looking at the ticular the Committee of Ministers and the Parliamentary present report, it is easy to see that the scope of issues Assembly. In addition, its flexible working methods and dealt with by the Venice Commission is becoming ever its close co-operation with other international organisa- broader. On the one hand, the Venice Commission contin- tions, first of all with the European Union but also with ues to be the main interlocutor in 2010 for important con- the OSCE, are key elements of its success. stitutional reform processes in countries such as Georgia, 3 Kyrgyzstan, Moldova and Ukraine. On the other hand, The Venice Commission stands ready to continue assist- the Venice Commission dealt with complex and sensitive ing European states in their reform process and at the legislation implementing the constitutions in a large same time is ready to take on new challenges beyond the number of European and, increasingly, non-European borders of our continent. The Venice Commission wel- countries. comes these new challenges as new opportunities. While the Venice’s Commission’s co-operation with its Thomas Markert, traditional partner countries is deepening in this way, the Director, Secretary of the Venice Commission 2010 annual activity report Contents Foreword Working for democracy through law An overview of Venice Commission activities in 2010 . 9 The Venice Commission: an introduction . 9 The Commission in 2010 . 16 Celebration of the 20th anniversary of the The Commission and non-European states. 20 Commission. 14 Democratic development of public institutions and respect for human rights Country-specific activities . 23 Transnational activities. 41 Constitutional justice, ordinary justice and ombudsman Country-specific activities . 49 Regional co-operation. 60 Transnational activities . 58 Transnational activities – ordinary judiciary. 63 Democracy through free and fair elections Country-specific activities . 71 International co-operation in the electoral field . 85 Transnational activities . 79 Co-operation with other organs and bodies of the Council of Europe, the European Union and other international organisations Council of Europe. 89 United Nations . 96 5 European Union . 92 Commonwealth of Independent States . 96 OSCE/ODIHR . 95 Other international bodies . 96 Appendices Member countries. 101 Publications . 109 The Venice Commission. 102 Documents adopted in 2010 . 112 Offices and sub-commissions . 107 2010 annual activity report Working for democracy through law Working for democracy through law An overview of Venice Commission activities in 2010 TVHE ENICE COMMISSION: AN INTRODUCTION The European Commission for Democracy through Law, The Commission has the prime function of providing better known as the Venice Commission,1 is a Council of constitutional assistance to states, mainly, but not exclu- Europe independent consultative body on issues of con- sively, those which participate in its activities.3 Such assis- stitutional law, including the functioning of democratic tance takes the form of opinions prepared by the institutions and fundamental rights, electoral law and Commission at the request not only of states, but also of constitutional justice. Its members are independent ex- organs of the Council of Europe, more specifically the Par- perts. Set up in 1990 under a partial agreement between 18 liamentary Assembly, Committee of Ministers, Congress Council of Europe member states, it has subsequently of Local and Regional Authorities and Secretary General, played a decisive role in the adoption and implementa- as well as of other international organisations or bodies tion of constitutions in keeping with Europe’s constitu- which participate in its activities. These opinions relate to tional heritage.2 The Commission holds four plenary draft constitutions or constitutional amendments, or to sessions a year in Venice, working mainly in three fields: other draft legislation in the field of constitutional law. constitutional assistance, constitutional justice and elec- The Commission has thus made an often crucial contribu- tion and referendum issues. In 2002, once all Council of tion to the development of constitutional law, mainly, al- Europe member states had joined, the Commission though not exclusively, in the new democracies of central became an enlarged agreement of which non-European and eastern Europe. states could become full members. In 2010, it had 57 full The aim of the assistance given by the Venice Commis- members and 13 other entities formally associated with its sion is to provide a complete, precise, detailed and objec- work. It is financed by its member states on a proportional tive analysis not only of compatibility with European and basis which follows the same criteria as applied to the international standards, but also of the practicality and Council of Europe as a whole. This system guarantees the viability of the solutions envisaged by the states con- 9 Commission’s independence vis-à-vis those states which cerned. The Commission’s recommendations and sugges- request its assistance. tions are largely based on common European experience in this sphere. 1. For more information, please refer to the Venice Commission’s website: http://www.venice.coe.int/. 2. On the concept of the constitutional heritage of Europe, see, inter alia, “The Constitutional Heritage of Europe”, proceedings of the UniDem seminar organised jointly by the Commission and the 3. Article 3, paragraph 3, of the Statute of the Commission specifies Centre d’études et de recherches comparatives constitutionnelles et that any state which is not a member of the agreement may benefit politiques (CERCOP), Montpellier, 22 and 23 November 1996, “Sci- from the activities of the Commission by making a request to the ence and technique of democracy”, No.