Review of the 126th Plenary Session of the European Commission for Democracy through Law (Venice Commission) (19—20 March 2020)

2021 ◽  
Vol 17 (3) ◽  
pp. 1-1
Author(s):  
Anna Kashirkina
Keyword(s):  
European Commission ◽  
Plenary Session ◽  
Venice Commission

scholarly journals ANALYTICAL REVIEW OF THE WORK OF THE 104th PLENARY SESSION OF THE EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION)

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Асия Белялова ◽  
Asiya Belyalova ◽  
Ольга Шведкова ◽  
Olga Shvedkova ◽  
Рашад Курбанов ◽  
...  
Keyword(s):  
European Commission ◽  
Plenary Session ◽  
Analytical Review ◽  
Venice Commission

В статье представлен краткий обзор деятельности Европейской комиссия за демократию через право (Венецианской комиссии) в ходе проведения 104-й пленарной сессии, прошедшей в Венеции в октябре 2015 года, где был рассмотрен ряд заключений, касающихся законодательства Украины, Армении, Болгарии, Черногории, Грузии и других стран. Особое внимание членами Венецианской комиссии было уделено конституционным реформам Армении и Украины.

scholarly journals ANALYTICAL REVIEW OF THE WORK OF THE 105th PLENARY SESSION OF THE EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION)

2016 ◽  
pp. 0-0
Author(s):  
Асия Белялова ◽  
Asiya Belyalova ◽  
Ольга Шведкова ◽  
Olga Shvedkova ◽  
Рашад Курбанов ◽  
...  
Keyword(s):  
European Commission ◽  
Plenary Session ◽  
Analytical Review ◽  
Venice Commission

The article presents a brief review of the activities of the European Commission for democracy through law (Venice Commission) during the 105th plenary session held in Venice in December 2015.

ANALYTICAL REVIEW OF THE OPINIONS ADOPTED AT THE 106th PLENARY SESSION OF THE EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION)

2016 ◽  
pp. 0-0
Author(s):  
Ольга Шведкова ◽  
Olga Shvedkova ◽  
Рашад Курбанов ◽  
Rashad Kurbanov ◽  
Асия Белялова ◽  
...  
Keyword(s):  
European Commission ◽  
Russian Federation ◽  
Constitutional Law ◽  
Plenary Session ◽  
Constitutional Court ◽  
Council Of Europe ◽  
Analytical Review ◽  
The Russian Federation ◽  
The Law ◽  
Venice Commission

The article presents a brief information about the 106th plenary session of the European Commission for Democracy through Law (Venice Commission of the Council of Europe), which adopted a number of opinions on the legislation of countries — members of the Venice Commission. Special attention of experts was focused on the discussion and adoption of final opinion on the draft constitutional law of France “On the protection of the Nation”, opinion on the constitutional issues relating to the Law on the constitutional court of Poland of June 25, 2015, and to discuss and adopt interim opinion on amendments to the Law on the constitutional Court of the Russian Federation.

scholarly journals ANALYTICAL REVIEW OF THE WORK OF THE 103th PLENARY SESSION OF THE EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION)

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Асия Белялова ◽  
Asiya Belyalova ◽  
Ольга Шведкова ◽  
Olga Shvedkova ◽  
Рашад Курбанов ◽  
...  
Keyword(s):  
European Commission ◽  
Plenary Session ◽  
Analytical Review ◽  
Venice Commission

This article provides a brief overview of the activities of the European Commission for Democracy through Law (Venice Commission) during the 103th plenary session, where a number of conclusions regarding the legislation of the members of the Venice Commission.

scholarly journals Theoretical Approaches of the European Commission for Democracy Through Law (the Venice Commission) to the Assessment of Anti-Terrorism Legislation: international Legal Discourse and Implementation Problems

2020 ◽  
Vol 14 (3) ◽  
pp. 411-422
Author(s):  
Anna Kashirkina ◽  
Andrey Morozov
Keyword(s):  
International Law ◽  
European Commission ◽  
International Treaties ◽  
Council Of Europe ◽  
Member States ◽  
Counter Terrorism ◽  
Theoretical Approaches ◽  
Legislative Regulation ◽  
Venice Commission ◽  
Law Regulation

The topic of the article is highly relevant due to the importance of basing the legislative regulation of counter-terrorism activities on international treaties in this sphere. Besides, the legislative regulation of counteracting terrorism should be developed in accordance with the current international law acts and should take into account international obligations that they entail. The authors believe that the improvement of counter-terrorism legislation is facilitated by the work of the European Commission for Democracy through Law (the Venice Commission), which conducts an expert evaluation of the national legislations of member states. The goal of this research is to analyze the current international law regulation in the sphere of counteracting terrorism and in identifying the specifics of its application by the Venice Commission in its assessment of national counter-terrorism legislations. The authors examine some issues connected with the work of the Venice Commission on preparing conclusions and recommendations that contain its assessment of the counter-terrorism legislation of a number of countries (the Republic of Moldova, the French Republic). They note the specifics of the work of the Venice Commission as a special auxiliary body of the Council of Europe that analyzes and assesses the legislative acts of member states based on the poly-functional guidelines of the Council of Europe. While assessing national legislations, the Venice Commission uses international law acts that contain, among other things, universally recognized principles and norms of international law, so the authors of the article show the significance of the international law regulation of counteracting terrorism through international treaties both between different countries and under the aegis of international organizations and integration unions; they also identify the problems connected with their implementation in national legislations. Based on the conducted research, the authors come to the following conclusions: the legislative regulation of counteracting terrorism should be amended with strict observance of the universally recognized principles and norms of international law incorporated, among other things, in international treaties; it is necessary to develop the international law regulation in the sphere of counteracting terrorism while taking into account new challenges and threats brought about by globalization and use the potential of international law instruments; international bodies play an important part in improving national counter-terrorism legislations, specifically, the Venice Commission, which, through its expert work, contributes to the development of legislation based on international legal acts.

scholarly journals ANALYTIC REVIEW OF THE OPINIONS ON MOLDOVA AND HUNGARY ADOPTED AT THE 111th PLENARY SESSION OF THE VENICE COMMISSION

2017 ◽  
Vol 3 (4) ◽  
pp. 161-166
Author(s):  
Вероника Черенкова ◽  
Veronika Cherenkova ◽  
Яна Лебедева ◽  
Yana Lebedeva
Keyword(s):  
Soviet Union ◽  
Plenary Session ◽  
Electoral System ◽  
Gradual Change ◽  
The Soviet Union ◽  
Analytic Review ◽  
Form Of Government ◽  
Effective System ◽  
The Republic ◽  
Venice Commission

This article is an analytic review of the most significant opinions adopted within the framework of the 111th Plenary Session of the European Commission for Democracy through Law (Venice Commission), which was held in Venice on 16—17 June 2017. The authors clarify the conclusions of the Venice Commission regarding the Proposal by the President of the Republic of Moldova to supplement the Constitution in order to enlarge powers of the President to dissolve Parliament, which may lead to a gradual change in the form of government from the parliamentary one to the mixed or presidential one. In particular, it was noted that the first form of government is traditionally considered preferable, but the Venice Commission believes that any form of government can meet democratic standards, if the law provides an effective system of checks and balances. The article also considers recommendations made by the Commission on the Draft law relating to the electoral system for the election of the Parliament. The authors highlighted similar legislative provisions in countries which are on transition stage after the collapse of the Soviet Union. Further the conclusions of the Commission on the Draft Law on the Transparency of Organisations Receiving Foreign Funds were analyzed. It is noted, that recommendations made by the experts of the Venice Commission are relevant not only within the legal systems of these countries, but also are important for understanding the legal changes taking place in our country.

scholarly journals Correlation of Formal Clarity and Rule of Law

2021 ◽  
Vol 80 (1) ◽  
pp. 28-34
Author(s):  
Е. Є. Сілантьєва
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
European Commission ◽  
Rule Of Law ◽  
Comprehensive Analysis ◽  
Legal Requirements ◽  
The Rule Of Law ◽  
Complex Characteristic ◽  
Protection Of Human Rights ◽  
Venice Commission

Comprehensive analysis of approaches to understanding the essence of the categories of “rule of law” and “formal clarity” has been carried out within the framework of the conducted research. The author in order to properly understand the category of “rule of law”, has provided the views of both international and domestic researchers, who determine its essence. The author of the work has determined the content of the concept of the rule of law on the basis of the characteristics of the rule of law. A comprehensive analysis of the reports of the European Commission and the Venice Commission on the elements of the rule of law has been conducted. Particular attention has been also paid to the essence of the rule of law principles, which are reflected in those documents. The main requirements relating to the rule of law principle, as well as the main purpose of this principle have been provided. The author has conducted the analysis of approaches to understanding and clarifying the essence of formal clarity provided to this category by both domestic and international researchers. The main requirements for formal clarity have been provided. The procedural requirements inherent in formal clarity have been also separately mentioned in the research. On the basis of the conducted complex characteristic and defining the essence of the categories of “rule of law” and “formal clarity” the author has carried out the analysis of their parity. The approaches of domestic and international researchers in this regard have been provided. It has been emphasized that one of the fundamental aspects of the protection of human rights and freedoms is the formal clarity of law. It has been noted in the conclusion that the formal clarity of law implies a set of precise, unambiguous and transparent legal requirements for both lawmaking and law-enforcement processes designed to ensure the realization of human rights, interests and freedoms, as well as protection against possible manifestations of state arbitrariness that makes it possible to avoid a number of mistakes, offenses and misunderstandings of life situations.

Opinia prawna w sprawie rekomendacji Komisji Weneckiej dotyczących wyborów w stanach nadzwyczajnych i ich znaczenia dla wyborów prezydenckich w Polsce w 2020 r.

2021 ◽  
Vol 2(163) ◽  
pp. 243-265
Author(s):  
Dariusz Dudek
Keyword(s):  
Human Rights ◽  
European Commission ◽  
Rule Of Law ◽  
Presidential Election ◽  
Specific Situation ◽  
The Rule Of Law ◽  
States Of Emergency ◽  
Venice Commission ◽  
Electoral Law

The author presents a constitutional regulation of the Polish model of presidential election and states of emergency and relates them to the specific situation of the COVID-19 pandemic in 2020. Then, he analyses in detail the content of the recommendations of the European Commission for Democracy through Law (Venice Commission) of 26 May 2020 (Respect for Democracy, Human Rights and the Rule of Law during States of Emergency – Reflections), regarding the elections in states of emergency and its significance for the presidential election in Poland in 2020. The opinion positively evaluates all the Commission’s recommendations and considers that the existing and new exceptional Polish electoral law regulations respecting the principles of democracy and rule of law are fully complaint with them.

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