Venice Commission
Encyclopedia
The Venice Commission is an advisory body of the Council of Europe
, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin wall
, at a time of urgent need for constitutional assistance in Central and Eastern Europe. The Commission's official name is the European Commission for Democracy through Law, but due to its founding and meeting place in Venice
, Italy
, where sessions take part four times a year, it is usually referred to as the Venice Commission.
joined the Venice Commission and since 2002 non-European states can also become full members. Today, , the Commission counts 57 member states – the 47 member states of the Council of Europe
, Kyrgyzstan
from 2004, Chile
from 2005, the Republic of Korea from 2006, Morocco
and Algeria
from 2007, Israel
from 2008, Brazil
and Peru
from 2009 and Tunisia
and Mexico
from 2010. Belarus
is as associate member and there are seven observers (Argentina
, Canada
, the Holy See
, Japan
, Kazakhstan
, the United States
and Uruguay
). The European Commission
, Palestinian National Authority
and South Africa
have a special co-operation status similar to that of the observers. EU Committee for the Regions, OSCE/ODIHR and IACL/AIDC (The International Association of Constitutional Law | l'Association Internationale de Droit Constitutionnel) participate in the plenary sessions of the Commission.
(Professor of Law and former President of Malta), Jean-Claude Colliard
(Chancellor of University Paris 1 - Panthéon-Sorbonne, former member of the Constitutional Council), Christoph Grabenwarter (Judge at the Constitutional Court of Austria), Wolfgang Hoffmann-Riem
(Former Judge, Federal Constitutional Court of Germany), Jan Erik Helgesen (Professor at University of Oslo), Gret Haller (Senior Lecturer at Johann Wolfgang Goethe University, Germany, former President of the Swiss Parliament), Klemen Jaklic
(Lecturer on Law at Harvard Law School, Harvard University), Jeffrey Jowell (Professor of Law and former Dean of University College London), Evgeni Tanchev (President of the Constitutional Court of Bulgaria), Kaarlo Tuori (Professor of Jurisprudence at the University of Helsinki), Pieter Van Dijk (State Councillor, Chair of the Constitutional Law Committee, and former Judge of the European Court of Human Rights), Jan Velaers (Professor at University of Antwerp) and other notable academics and judges.
The main focus of the work of the Venice Commission is on draft constitutions and constitutional amendments but the Commission also covers para-constitutional law, i.e. laws which are close to the Constitution, such as minority legislation or electoral law.
Requests for opinions come from the participating states and the organs of the Council of Europe or internatinoal organisations or bodies participating in the Venice Commission’s work. The opinions adopted by the Commission are not binding but are mostly followed by member states.
The areas of the Commission's activities are as follows:
since 1947.
In this context, at the European Union’s request, the Venice Commission has played an important role in developing and interpreting the constitutional law of Bosnia and Herzegovina, “the former Yugoslav Republic of Macedonia”, Serbia and Montenegro as well as that of the province of Kosovo. It has also been involved in efforts to settle the conflicts on the status of Abkhazia and South Ossetia in Georgia and Transnistria in Moldova.
The Commission drafts opinions, initiates studies and organises conferences inter alia on:
The aim of the Council for Democratic Elections is to ensure co-operation in the electoral field between the Venice Commission as a legal body and the Parliamentary Assembly and the Congress of the Council of Europe as political bodies in charge of election observation, in order to promote the European common values in this field – the principles of the European electoral heritage.
The Commission identifies and develops standards in the area of elections through:
Co-operation with Constitutional Courts, ordinary courts and Ombudspersons is done by means of:
While most of the work of the Commission is country specific, the Commission also prepares, through its own initiative and at request of outside bodies such us the Parliamentary Assembly of the Council of Europe, studies and reports addressing topics of general interest in the member and observer states. Transnational topics are also covered in the Unidem seminars (University for Democracy) and published in the Science and Technique of Democracy collection.
In 2009, the Venice Commission attracted rare news coverage for its opinion that "blasphemy
should not be illegal".
Elections - Boundary delimitation
As part of its report, European Commission for Democracy Through Law: Code of Good Practice in Electoral Matters, Guidelines and Explanatory Reports adopted October 2002, the Venice Commission recommended a number of considerations when dealing with issues of boundary delimitation
.
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin wall
Berlin Wall
The Berlin Wall was a barrier constructed by the German Democratic Republic starting on 13 August 1961, that completely cut off West Berlin from surrounding East Germany and from East Berlin...
, at a time of urgent need for constitutional assistance in Central and Eastern Europe. The Commission's official name is the European Commission for Democracy through Law, but due to its founding and meeting place in Venice
Venice
Venice is a city in northern Italy which is renowned for the beauty of its setting, its architecture and its artworks. It is the capital of the Veneto region...
, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, where sessions take part four times a year, it is usually referred to as the Venice Commission.
Member states
Starting with 18 member states, soon all member states of the Council of EuropeMember states of the Council of Europe
The Council of Europe has 47 member states.The Council of Europe was founded on 5 May 1949 by Belgium, Denmark, France, Ireland, Italy, Luxembourg, Netherlands, Norway, Sweden and the United Kingdom. Greece and Turkey joined three months later, and Iceland and Germany the next year...
joined the Venice Commission and since 2002 non-European states can also become full members. Today, , the Commission counts 57 member states – the 47 member states of the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
, Kyrgyzstan
Kyrgyzstan
Kyrgyzstan , officially the Kyrgyz Republic is one of the world's six independent Turkic states . Located in Central Asia, landlocked and mountainous, Kyrgyzstan is bordered by Kazakhstan to the north, Uzbekistan to the west, Tajikistan to the southwest and China to the east...
from 2004, Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
from 2005, the Republic of Korea from 2006, Morocco
Morocco
Morocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...
and Algeria
Algeria
Algeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
from 2007, Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
from 2008, Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
and Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
from 2009 and Tunisia
Tunisia
Tunisia , officially the Tunisian RepublicThe long name of Tunisia in other languages used in the country is: , is the northernmost country in Africa. It is a Maghreb country and is bordered by Algeria to the west, Libya to the southeast, and the Mediterranean Sea to the north and east. Its area...
and Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
from 2010. Belarus
Belarus
Belarus , officially the Republic of Belarus, is a landlocked country in Eastern Europe, bordered clockwise by Russia to the northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Its capital is Minsk; other major cities include Brest, Grodno , Gomel ,...
is as associate member and there are seven observers (Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, the Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
, Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, Kazakhstan
Kazakhstan
Kazakhstan , officially the Republic of Kazakhstan, is a transcontinental country in Central Asia and Eastern Europe. Ranked as the ninth largest country in the world, it is also the world's largest landlocked country; its territory of is greater than Western Europe...
, the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and Uruguay
Uruguay
Uruguay ,officially the Oriental Republic of Uruguay,sometimes the Eastern Republic of Uruguay; ) is a country in the southeastern part of South America. It is home to some 3.5 million people, of whom 1.8 million live in the capital Montevideo and its metropolitan area...
). The European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
, Palestinian National Authority
Palestinian National Authority
The Palestinian Authority is the administrative organization established to govern parts of the West Bank and Gaza Strip...
and South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
have a special co-operation status similar to that of the observers. EU Committee for the Regions, OSCE/ODIHR and IACL/AIDC (The International Association of Constitutional Law | l'Association Internationale de Droit Constitutionnel) participate in the plenary sessions of the Commission.
Members
The members are "senior academics, particularly in the fields of constitutional or international law, supreme or constitutional court judges or members of national parliaments". Acting on the Commission in their individual capacity, the members are appointed for four years by the participating countries. The current members include Ugo Mifsud BonniciUgo Mifsud Bonnici
Dr Ugo Mifsud Bonnici was the fifth President of Malta from 1994 to 1999.-Early life, education, and family:He was born in Cospicua as the son of Professor Carmelo Mifsud Bonnici LL.D and Maria Ross. He was educated at the Lyceum and the Royal University of Malta. He graduated as a Bachelor of...
(Professor of Law and former President of Malta), Jean-Claude Colliard
Jean-Claude Colliard
Jean-Claude Colliard is a French academic and senior public servant.He is a former member of the Constitutional Council of France , and is now chancellor of Unversité Panthéon Sorbonne Paris 1, France's top secondary institution. He was Chief of Staff for President François Mitterrand from 1982 to...
(Chancellor of University Paris 1 - Panthéon-Sorbonne, former member of the Constitutional Council), Christoph Grabenwarter (Judge at the Constitutional Court of Austria), Wolfgang Hoffmann-Riem
Wolfgang Hoffmann-Riem
Wolfgang Hoffmann-Riem is a German legal scholar and a former judge of the Federal Constitutional Court of Germany.-Career:...
(Former Judge, Federal Constitutional Court of Germany), Jan Erik Helgesen (Professor at University of Oslo), Gret Haller (Senior Lecturer at Johann Wolfgang Goethe University, Germany, former President of the Swiss Parliament), Klemen Jaklic
Klemen Jaklic
Klemen Jaklic is a legal academic, currently a Lecturer on Law at Harvard Law School and a Teaching Fellow in Ethics at the John F. Kennedy School of Government, Harvard University. He is among the world’s handful legal scholars who have concurrently completed both the Harvard and Oxford most...
(Lecturer on Law at Harvard Law School, Harvard University), Jeffrey Jowell (Professor of Law and former Dean of University College London), Evgeni Tanchev (President of the Constitutional Court of Bulgaria), Kaarlo Tuori (Professor of Jurisprudence at the University of Helsinki), Pieter Van Dijk (State Councillor, Chair of the Constitutional Law Committee, and former Judge of the European Court of Human Rights), Jan Velaers (Professor at University of Antwerp) and other notable academics and judges.
President
The president of the Commission, since December 2009, is the former Secretary General Mr Gianni Buquicchio , whilst his predecessor, Mr Jan Erik Helgesen, Professor at the University of Oslo, is elected 1st Vice-President. The new Secretary General of the Commission, who is the head of the Commission's secretariat at the Council of Europe's headquarters in Strasbourg, France, is Mr Thomas Markert.The main focus of the work of the Venice Commission is on draft constitutions and constitutional amendments but the Commission also covers para-constitutional law, i.e. laws which are close to the Constitution, such as minority legislation or electoral law.
Requests for opinions come from the participating states and the organs of the Council of Europe or internatinoal organisations or bodies participating in the Venice Commission’s work. The opinions adopted by the Commission are not binding but are mostly followed by member states.
The areas of the Commission's activities are as follows:
Constitutional assistance
The Venice Commission’s primary task is to assist and advise individual countries in constitutional matters in order to improve functioning of democratic institutions and the protection of human rights. Already in 1991 the Commission helped in creating the first democratic Constitution of RomaniaConstitution of Romania
The 1991 Constitution of Romania, adopted on 21 November 1991, voted in the referendum of 8 December 1991 and introduced on the same day, is the current fundamental law that establishes the structure of the government of Romania, the rights and obligations of the country's citizens, and its mode...
since 1947.
The working method
The working method adopted by the Commission when providing opinions is to appoint a working group of rapporteurs (primarily from amongst its members) which advises national authorities in the preparation of the relevant law. After discussions with the national authorities and stakeholders in the country, the working group prepares a draft opinion on whether the legislative text meets the democratic standards in its field and on how to improve it on the basis of common experience. The draft opinion is discussed and adopted by the Venice Commission during a plenary session, usually in the presence of representatives from that country. After adoption, the opinion becomes public and is forwarded to the requesting body.Non-directive approach
Although its opinions are generally reflected in the adopted legislation, the Venice Commission does not impose its solutions, but adopts a non-directive approach based on dialogue. For this reason the working group, as a rule, visits the country concerned and meets with the different political actors involved in the issue in order to ensure the most objective view of the situation.Conflict resolution by providing legal advice
A political agreement settling a conflict should be supported by a viable legal text. It may also be possible for an agreement on a legal text to foster a political solution. For this reason the Venice Commission pays particular attention to countries which are going through or have gone through ethno-political conflicts.In this context, at the European Union’s request, the Venice Commission has played an important role in developing and interpreting the constitutional law of Bosnia and Herzegovina, “the former Yugoslav Republic of Macedonia”, Serbia and Montenegro as well as that of the province of Kosovo. It has also been involved in efforts to settle the conflicts on the status of Abkhazia and South Ossetia in Georgia and Transnistria in Moldova.
The Commission drafts opinions, initiates studies and organises conferences inter alia on:
- Constitutional reform
- Emergency powers
- Federalism and regionalism
- International law issues
- Internal security services and armed forces
- Protection of fundamental rights including the freedom of religion, the freedom of assembly and association
- Protection of minorities and prohibition of discrimination
- Functionnig of parliaments and judiciary
Elections, referendums and political parties
The Council for Democratic Elections (CDE) is made up of representatives of the Venice Commission, the Parliamentary Assembly and the Congress of Local and Regional Authorities of the Council of Europe.The aim of the Council for Democratic Elections is to ensure co-operation in the electoral field between the Venice Commission as a legal body and the Parliamentary Assembly and the Congress of the Council of Europe as political bodies in charge of election observation, in order to promote the European common values in this field – the principles of the European electoral heritage.
The Commission identifies and develops standards in the area of elections through:
- Codes of good practice on elections, on referendums and on political parties
- Opinions - mostly joint ones with OSCE/ODIHR - on electoral legislation
- Workshops for Central Election Commissions (CEC) and Courts
- Assistance missions to CECs and legal advice to the Parliamentary Assembly of the Council of Europe (PACE)
- “Vota” database of electoral legislation
Constitutional and ordinary justice
Another branch of the Commission’s activities includes co-operation with the constitutional courts and equivalent bodies. Since its creation, the Venice Commission has been aware that it is not sufficient to assist the states in the adoption of democratic constitutions but that these texts have to be implemented in reality. Key players in this field are constitutional courts and equivalent bodies exercising constitutional jurisdiction.Co-operation with Constitutional Courts, ordinary courts and Ombudspersons is done by means of:
- Opinions on and for Constitutional Courts, ordinary courts and for Ombudspersons (including amicus curiae briefs and amicus ombud opinions)
- Leading constitutional case-law - Bulletin and CODICES database
- Regional co-operation with Courts outside Europe
- World Conference on Constitutional Justice
- Seminars and conferences with Constitutional Courts
- Venice Forum – advice and exchange between Constitutional courts
- Joint Council on Constitutional Justice (representatives of Courts and members of the Commission)
Transnational studies, reports and seminars
The Commission's transnational activities enable it to carry out the main duties laid down in its Statute, which are to improve the functioning of democratic institutions, knowledge of legal systems and understanding of the legal culture of countries working with it.While most of the work of the Commission is country specific, the Commission also prepares, through its own initiative and at request of outside bodies such us the Parliamentary Assembly of the Council of Europe, studies and reports addressing topics of general interest in the member and observer states. Transnational topics are also covered in the Unidem seminars (University for Democracy) and published in the Science and Technique of Democracy collection.
Comparative studies
Comparative studies on topics to do with the functioning of democracy offer initial overviews of the law in various countries. Such a comparative approach then makes it possible to identify constitutional values that are shared throughout Europe and, where relevant, any areas of weakness. The third stage is that of harmonisation, in which, on the basis of Commission recommendations, the principles concerned are incorporated into the law of those countries where they have not yet been established.The UniDem (University for Democracy) seminars
The UniDem seminars bring leading specialists from the political and academic worlds and constitutional courts (or equivalent bodies) and the Commission into contact with, for example, a specific university or constitutional court. Reports are presented on particular countries or specific aspects of the topics under discussion. By allowing exchanges between specialists from a variety of backgrounds, the UniDem seminars help to define the rules common to democratic states in which human rights and the rule of law are respectedPositions taken
BlasphemyIn 2009, the Venice Commission attracted rare news coverage for its opinion that "blasphemy
Blasphemy
Blasphemy is irreverence towards religious or holy persons or things. Some countries have laws to punish blasphemy, while others have laws to give recourse to those who are offended by blasphemy...
should not be illegal".
Elections - Boundary delimitation
As part of its report, European Commission for Democracy Through Law: Code of Good Practice in Electoral Matters, Guidelines and Explanatory Reports adopted October 2002, the Venice Commission recommended a number of considerations when dealing with issues of boundary delimitation
Boundary delimitation
Boundary delimitation, or simply delimitation, is the term used to describe the drawing of boundaries, but is most often used to describe the drawing of electoral boundaries, specifically those of precincts, states, counties or other municipalities...
.