Back Venice Commission Final 2024 Plenary: Key Opinions Adopted

Venice Commission Final 2024 Plenary: Key Opinions Adopted

During its final plenary session of 2024, the Council of Europe's Venice Commission adopted several opinions. These covered a range of topics:

  • Albania: On the implementation of Constitutional Court decisions by Parliament.
  • Haiti: On possible legislative solutions to conduct future electoral processes.
  • Poland: On the draft constitutional amendments concerning the Constitutional Tribunal and two draft laws related to the Tribunal.
  • Serbia: On the Judicial Academy and proposed amendments to the Law on Judges and the Law on the Public Prosecutor’s Office.
  • Türkiye: On the composition of the Council of Judges and Prosecutors and the procedure for electing its members.

Additionally, the Commission adopted two draft amicus curiae briefs for the European Court of Human Rights. These included:

  • The case of Staderini and Others v. Italy, addressing the stability of electoral legislation and aspects of a mixed electoral system.
  • The case of Shevchuk v. Ukraine, concerning the dismissal of the applicant from their roles as Judge and President of the Constitutional Court of Ukraine due to disciplinary proceedings.

The Commission also reviewed a draft report on regulating spyware in a manner compliant with the rule of law and human rights.

The plenary session was held behind closed doors. However, the adopted opinions and texts are being published on the Venice Commission’s website this week.

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The European Commission for Democracy through Law - better known as the Venice Commission as it meets in Venice - is the Council of Europe's advisory body on constitutional matters. The role of the Venice Commission is to provide legal advice to its member states and, in particular, to help states wishing to bring their legal and institutional structures into line with European standards and international experience in the fields of democracy, human rights and the rule of law. It also helps to ensure the dissemination and consolidation of a common constitutional heritage, playing a unique role in conflict management, and provides “emergency constitutional aid” to states in transition.

The Commission has 61 member states: the 46 Council of Europe member states and 15 other non European members (Algeria, Brazil, Canada, Chile, Costa Rica, Israel, Kazakhstan, the Republic of Korea, Kosovo*, Kyrgyzstan, Morocco, Mexico, Peru, Tunisia and the USA). Argentina, Japan, the Holy See and Uruguay are observers. The Committee of Ministers of the Council of Europe auhorised3 cooperation with South Africa and Palestine*. The Commission also cooperates closely with the European Union, OSCE/ODIHR and the Organisation of American States (OAS).

* All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.

Palestine* - This designation shall not be construed as recognition of a State of Palestine and is without prejudice to the individual positions of Council of Europe member States on this issue.

 

Venice Commission Venice 10 december 2024
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