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Venice Commission



 
 
The Venice Commission is an advisory body of the Council of Europe
Council of Europe

The Council of Europe is the oldest international organisation working towards European integration, having been founded in 1949. It has a particular emphasis on legal standards, human rights, democracy development, the rule of law and cultural co-operation....
, composed of independent members 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 physical separation barrier separating West Berlin from the German Democratic Republic , including East Berlin. The longer inner German border demarcated the border between East and West Germany....
, 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 seat in Venice
Venice

Venice is a city in northern Italy, the capital city of the Italian regions Veneto, a population of 271,251 . Together with Padua, Italy, the city is included in the Padua-Venice Metropolitan Area ....
, Italy
Italy

Italy , officially the Italian Republic , is a country located on the Italian Peninsula in Southern Europe and on the two largest islands in the Mediterranean Sea, Sicily and Sardinia....
, where it meets four times a year, it is usually referred to as the Venice Commission.

Starting with a membership of 18 states, soon all member states of the Council of Europe joined the Venice Commission and since 2002 non-European states can also become full members.






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The Venice Commission is an advisory body of the Council of Europe
Council of Europe

The Council of Europe is the oldest international organisation working towards European integration, having been founded in 1949. It has a particular emphasis on legal standards, human rights, democracy development, the rule of law and cultural co-operation....
, composed of independent members 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 physical separation barrier separating West Berlin from the German Democratic Republic , including East Berlin. The longer inner German border demarcated the border between East and West Germany....
, 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 seat in Venice
Venice

Venice is a city in northern Italy, the capital city of the Italian regions Veneto, a population of 271,251 . Together with Padua, Italy, the city is included in the Padua-Venice Metropolitan Area ....
, Italy
Italy

Italy , officially the Italian Republic , is a country located on the Italian Peninsula in Southern Europe and on the two largest islands in the Mediterranean Sea, Sicily and Sardinia....
, where it meets four times a year, it is usually referred to as the Venice Commission.

Starting with a membership of 18 states, soon all member states of the Council of Europe joined the Venice Commission and since 2002 non-European states can also become full members. Today, , the Commission counts 53 member states – the 47 member states of the Council of Europe
Council of Europe

The Council of Europe is the oldest international organisation working towards European integration, having been founded in 1949. It has a particular emphasis on legal standards, human rights, democracy development, the rule of law and cultural co-operation....
, Kyrgyzstan
Kyrgyzstan

Kyrgyzstan , officially the Kyrgyz Republic, is a country in Central Asia. Landlocked and mountainous, it is bordered by Kazakhstan to the north, Uzbekistan to the west, Tajikistan to the southwest and People's Republic of China to the east....
 from 2004,Chile
Chile

Chile, officially the Republic of Chile , is a country in South America occupying a long and narrow coastal strip wedged between the Andes mountains and the Pacific Ocean....
 from 2005, the Republic of Korea from 2006, Morocco
Morocco

Morocco , officially the Kingdom of Morocco , is a country located in North Africa with a population of nearly 34 million and an area just under 447,000 km2....
 and Algeria
Algeria

Algeria , officially the People's Democratic Republic of Algeria, is a country located in North Africa. It is the largest country of the Mediterranean sea, second largest in the Arab World, and the second largest on the African continent and the eleventh-largest country in the world in terms of land area....
 from 2007 and Israel from 2008. Belarus
Belarus

Belarus is a landlocked country in Eastern Europe, bordered by Russia to the north and east, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the north....
 is as associate member and there are eight observers (Argentina
Argentina

Argentina, officially the Argentine Republic , is a country in South America, constituted as a federation of 23 provinces and an autonomous city....
, Canada
Canada

Canada is a country occupying most of northern North America, extending 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 Bishop of Rome, commonly known as the Pope, and is the preeminent episcopal see of the Roman Catholic Church, forming the central government of the Church....
, Japan
Japan

Japan is an island country in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, People's Republic of 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, also Kazakstan , officially the Republic of Kazakhstan, is a large Eurasian country in Central Asia and Eastern Europe. Ranked as the List of countries by area as well as the world's largest landlocked country, it has a territory of 2,727,300 km? ....
, Mexico
Mexico

The United Mexican States , commonly known as Mexico , is a federalism constitutionalism 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 Mexico....
, the United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
 and Uruguay
Uruguay

Uruguay is a country located in the southeastern part of South America. It is home to 3.46 million people, of whom 1.7 million live in the capital Montevideo and its metropolitan area....
). Tunisia was recently invited to become a member of the Commission and South Africa has a status similar to that of observer.

The president of the Commission, since 2007, is the Norwegian Mr Jan Erik Helgesen (born 1947), Professor at the University of Oslo.

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, like minority legislation or electoral law.

Requests for opinions come from the participating states and the organs of the Council of Europe. The opinions adopted by the Commission are not binding but however are often followed .

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.

Elections and referendums

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 different kinds of work carried out by the Venice Commission in the area of elections are:
  • Opinions and studies
  • Seminars, training workshops and assistance missions
  • Vota database

Co-operation with constitutional courts

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.

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.

External links