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The Venice Commission

An authoritative exploration of the European Commission for Democracy through Law, detailing its role in constitutional advisory, legal reform, and the steadfast upholding of democratic principles across Europe and beyond.

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What is the Venice Commission?

Advisory Body for Constitutional Law

The European Commission for Democracy through Law, commonly known as the Venice Commission, functions as a distinguished advisory body within the Council of Europe. It is comprised of independent experts specializing in constitutional law, dedicated to fostering democratic governance and the rule of law.

European Context

Established in 1990, its inception followed the significant geopolitical shifts marked by the fall of the Berlin Wall. This period necessitated urgent constitutional assistance, particularly for the emerging democracies in Central and Eastern Europe.

Foundation and Headquarters

Conceived by Italian Minister Antonio Mario La Pergola and formally proposed by Gianni De Michelis, the Commission was founded in Venice, Italy. Its secretariat is now based in Strasbourg, France, while plenary sessions are often held at the historic Scuola Grande di San Giovanni Evangelista in Venice.

Genesis and Mandate

Conception and Proposal

The foundational concept for the Commission originated with Antonio Mario La Pergola, who posited that robust democracies are built upon constitutional frameworks grounded in the rule of law. This vision was formally advanced by Gianni De Michelis, the Italian Minister of Foreign Affairs, who convened a conference in Venice in 1989.

Formal Establishment

The Commission was formally approved as a partial agreement by the Council of Europe's Committee of Ministers in January 1990. Its statute was adopted on May 10, 1990, by ministers from 18 European nations, marking its official commencement.

Membership and Expertise

Composition and Expertise

Members are typically senior academics in constitutional or international law, judges from supreme or constitutional courts, or members of national parliaments. They serve in their individual capacities, appointed for four-year terms by participating countries.

Global Reach

Initially comprising 18 member states, the Commission has expanded significantly. As of recent records, it includes 61 member statesโ€”the 46 Council of Europe members and 15 additional countries. It also engages with four observers and maintains special cooperation statuses with entities like the Palestinian National Authority and South Africa.

Notable Members (Past & Present)

The Commission has been served by distinguished jurists and academics, including Ugo Mifsud Bonnici (former President of Malta), Talija Chabrieva (involved in Russian constitutional amendments), Hanna Suchocka (former Prime Minister of Poland), and many other leading legal scholars and judges from across the continent and beyond.

  • Ugo Mifsud Bonnici (Professor of Law and former President of Malta)
  • Talija Chabrieva, Russian jurist, author of the 2020 amendments to the Constitution of Russia
  • Jean-Claude Colliard (Chancellor of University Paris 1 - Panthรฉon-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)
  • Hanna Suchocka (Former Prime Minister of Poland, Professor at Adam Mickiewicz University in Poznaล„ and Chair of the Constitutional Law Department)
  • Gret Haller (Senior Lecturer at Johann Wolfgang Goethe University, Germany, former President of the Swiss Parliament)
  • Klemen Jakliฤ (Lecturer on Law at Harvard Law School, Harvard University)
  • Cรกrmen Lรบcia Antunes Rocha (Professor at Pontifical Catholic University of Minas Gerais, Judge of Supreme Federal Court of Brazil)
  • Jeffrey Jowell (Professor of Law and former Dean of University College London)
  • Philip Dimitrov (Former Prime Minister of Bulgaria, Member 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)
  • Juan Josรฉ Romero Guzmรกn (Former President, Constitutional Court of Chile, Professor at Pontificia Universidad Catรณlica de Chile)

Note: The list of members is subject to updates; refer to official sources for the most current composition.

Guiding the Commission

Presidential Tenure

Antonio Mario La Pergola served as the inaugural President. Jan Erik Helgesen, a professor from the University of Oslo, held the presidency until 2009, subsequently serving as First Vice-President. Gianni Buquicchio led the Commission from December 2009 to December 2021.

Current Leadership

Claire Bazy-Malaurie has presided over the Venice Commission since December 2021. Simona Granata-Menghini serves as the current Director and Secretary, heading the Commission's secretariat in Strasbourg.

Core Functions and Impact

Constitutional Assistance

The Commission's primary mandate is to provide constitutional assistance to member states. This is primarily achieved through issuing Opinions on draft constitutions, constitutional amendments, or existing legislation, assessing their compatibility with European and international legal standards.

Legal Analysis and Advice

Opinions cover a broad spectrum of constitutional issues, including checks and balances, separation of powers, territorial organization, fundamental rights, electoral systems, and the functioning of the judiciary. The Commission may also provide *amicus curiae* briefs to courts on complex legal matters.

Influence and Adoption

While the Commission's opinions are non-binding, they are generally influential and frequently incorporated into national legislation. This reflects the high regard for its expertise in promoting democratic constitutionalism.

Operational Methodology

Rapporteur Groups

When preparing an Opinion, the Commission typically appoints a working group of rapporteurs, usually members of the Commission. This group engages with national authorities and stakeholders to gather comprehensive information.

Dialogue and Consultation

A cornerstone of the Commission's approach is dialogue. Working groups conduct visits to the country in question, meeting with various political actors to ensure a nuanced understanding of the legal and political context.

Opinion Adoption and Dissemination

Following consultations, the working group drafts an opinion assessing the legislative text against democratic standards and proposing improvements. This draft is then discussed and formally adopted during a plenary session, after which it is made public and transmitted to the requesting body.

Constitutional Law in Conflict Resolution

Legal Frameworks for Peace

The Venice Commission plays a significant role in providing legal advice to help resolve ethno-political conflicts. Its expertise is sought to draft and interpret constitutional law in regions experiencing or recovering from conflict.

Areas of Intervention

The Commission has been instrumental in developing constitutional frameworks in Bosnia and Herzegovina, North Macedonia, Serbia, Montenegro, and Kosovo. It has also contributed to efforts addressing status issues in Georgia (Abkhazia, South Ossetia) and Moldova (Transnistria).

Key Areas of Expertise

Democratic Institutions

The Commission provides analysis and recommendations on the structure and functioning of democratic institutions, including parliaments, judiciaries, and executive branches.

Fundamental Rights

A significant portion of its work involves assessing legislation for compliance with fundamental rights, including freedom of religion, assembly, association, and protection against discrimination.

Electoral Processes

The Commission develops standards and provides opinions on elections, referendums, and political parties, often in collaboration with other European bodies, to ensure democratic electoral practices.

Landmark Interventions

Poland's Constitutional Tribunal

The Commission issued critical opinions regarding reforms to Poland's Constitutional Tribunal and the National Council of the Judiciary (NCJ) following the 2015 elections. It highlighted concerns that legislative changes risked undermining the rule of law and the independence of the judiciary.

Montenegro's Religious Freedoms

The Commission has been involved since 2015 in reforming Montenegro's legislation on religious freedoms and the status of religious communities. It has provided multiple opinions, offering recommendations for alignment with European standards.

Comparative Legal Studies

Beyond country-specific cases, the Commission undertakes comparative studies on topics of broad legal interest, contributing to the harmonization of legal principles across Europe through its "Science and Technique of Democracy" series.

  • Constitutional reform
  • Emergency powers
  • Federalism and regionalism
  • International law issues
  • Internal security services and armed forces
  • Protection of fundamental rights, including freedom of religion, freedom of assembly and association
  • Protection of minorities and prohibition of discrimination
  • Functioning of parliaments and judiciary

Role in EU Integration

Supporting Accession Reforms

In June 2022, the European Union requested the Venice Commission's expertise to guide candidate countries Ukraine and Moldova, and applicant country Georgia, in implementing necessary reforms for EU accession.

Harmonizing Standards

This collaboration underscores the Commission's recognized authority in assessing and advising on legal frameworks that align with the European Union's acquis communautaire and democratic standards.

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References

References

  1.  Venice Commission - Durr 2010
  2.  Opinion on the EU membership application by Ukraine
  3.  Opinion on the EU membership application by Moldova
  4.  Opinion on the EU membership application by Georgia
  5.  VC (2019): Montenegro: Opinion on the Draft Law on Freedom of Religion or Beliefs and Legal Status of Religious Communities
A full list of references for this article are available at the Venice Commission Wikipedia page

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Disclaimer

Important Notice

This content has been generated by an AI and is intended for educational and informational purposes only. It is based on publicly available data and may not reflect the most current information or all nuances of the Venice Commission's work.

This is not professional legal advice. Always consult official sources and qualified legal professionals for specific guidance. The creators are not liable for any errors or omissions.