1993 witnessed a continuation of the steady increase over the years in membership and activities of the Commission, which should be taken as a token of the interest and appreciation that the work of the Commission arouses in particular among lawyers and lawmakers involved in constitutional matters.

In addition to the co-operation with requesting countries on on-going legislative and constitutional reforms, the volume and importance of which is far from decreasing, the Commission was able to stage three main UniDem events and to participate in other important legal events.

Furthermore, the Commission continued its co-operation with the Office for Democratic Institutions and Human Rights of the CSCE, which is regularly represented at its meetings. On the other hand, the Commission was invited to attend Seminars organised by the Office.

By so doing, the Commission is convinced that it contributed effectively to the efforts of the Council of Europe towards developing pluralist democracy, rule of law and human rights.

2. MEMBERSHIP

By the end of 1993 the Commission counted 26 full members, 7 associate members and 5 observers (the list of members appears in Appendix I).

Iceland and Slovakia became full members of the Commission; the member in respect of Slovakia is Mr Ján Klucka, Judge at the Slovak Constitutional Court; the member in respect of Iceland is Mr Magnus Kjartan Hannesson, Professor at the University of Iceland.

Croatia became an associate member; Japan and Kyrgyzstan both obtained observer status.

In addition, the Republic of South Africa was admitted by the Committee of Ministers to co-operate with the Commission in the process of constitutional reforms in the Republic.

3. ACTIVITIES

a. Constitutional Reforms

Latvia

At its 14th meeting (February 1993) the Commission exchanged views on a first version of the draft law on citizenship. The rapporteurs were Mr Russell, Mr Suviranta and Mr Berchtold.

In his capacity as rapporteur, Mr Russell represented the Commission in a mission of experts to Riga in September 1993, after which the draft law was submitted to Parliament for a first reading in December. The rapporteurs were then requested to submit written comments on a later version of the draft law.

Russia

The rapporteurs on Russia - Mr La Pergola, Mr Maas-Geesteranus, Mr Beaudoin - took part in an exchange of views on 17 February 1993 with the Constitutional Commission of the Russian Federation together with some associate experts, Mr Herbiet, Mr Marques Guedes, Mr Rosas and Mr Schweisfurth,

Throughout the year, several drafts of the Constitution in various stages of preparation were submitted to the Commission for comment. Those members of the Commission who gave their advice were Mr Bartole, Mr Beaudoin, Mrs Botusharova, Mr Economides, Mr Kedzia, Mr Helgesen, Mr La Pergola, Mr Özbudun, Mr Pimentel and Mr Scholsem their advice was submitted to the Russian Authorities. The Russian Authorities, including the President, Mr Yeltsin at the Constitutional Conference in July 1993, expressed thanks and appreciation for the advice given by the Commission which was taken into account to a large extent in the final text adopted in December 1993.

At the request of the Committee of Ministers, the Commission embarked on an in-depth legal study of the Constitution of the Russian Federation, within the framework of the co-operation between this country and the Council of Europe.

Ukraine

The rapporteurs on Ukraine - Mr Bartole, Mr Niemivuo and Mr Ragnemalm, together with Mr Schweisfurth as an associate expert - visited Kiev on 31 May - 2 June 1993 in order to discuss the draft Constitution that had been drawn up by the Constitutional Commission.

On this occasion the rapporteurs met the President of Ukraine, Mr Leonid Kravchuk and other leading personalities of the country.

The Constitutional Commission then submitted its final draft to Parliament; work on the Constitution will resume after the parliamentary elections scheduled for March 1994 and the following presidential elections.

Kyrgyzstan

The rapporteurs Mr Batliner, Mr Kedzia, Mr Malinverni and Mr Özbudun gave written opinions on the draft Constitution and, with the exception of Mr Kedzia, visited Bishkek in March 1993 to discuss it with the members of the Constitutional Commission.

The Constitution of the Kyrgyz Republic was then adopted on 5 May 1993. Mr Kosakov, observer in respect of Kyrgyzstan thanked the Commission, at its 15th meeting (May 1993), for the valuable advice it had given.

Mr Kedzia, on behalf of the Commission, gave an opinion on the draft law on citizenship.

Albania

A volontary contribution of 500 million Italian Lire was made by the Italian Government to the Commission towards strengthening democratic institutions and the rule of law, including legal education, in Albania. This fund is administered by the Commission within the framework of its own programme of cooperation with the Albanian authorities and that of the Council of Europe as a whole.

It has enabled the Commission to embark upon various projects concerning Albania, including the organisation of a series of study visits for Albanian judges, legal draftspersons and law students. This programme is continuing in 1994, together with a number of longer term visits by Albanian law teachers to Western European universities (see also UniDem below).

A member of the Secretariat of the Commission, integrated into the structure of the Council of Europe's Task Force Albania, has been spending time in Tirana on a regular basis in order to provide a stable link with the Albanian authorities involved in the constitutional and legal reforms.

On the occasion of the 14th meeting of the Commission (February 1993) a meeting took place in Venice with an Albanian delegation, whose expenses have been borne by the Italian fund, on the chapter of the revised draft Albanian constitution concerning Human Rights. Many of the changes and improvements suggested by the Commission were incorporated into the chapter, which was adopted by Parliament in April 1993.

At its 16th meeting (September 1993) Mr Luarasi informed the Commission that progress in drafting the constitution had been slower than originally expected, but that the process would be speeded up.

The voluntary contribution of the Italian Government made it possible for the Commission to organise a European Law Week in Tirana in October 1993, in co-operation with the DemoDroit programme. It was co-organised by the Universities of Tirana and Shkodra, and dealt with the basic principles of the rule of law and democracy.

Cyprus

At its 16th meeting (September 1993) the Commission accepted a request to examine the legal and constitutional aspects of the "set of ideas" of the Secretary General of the United Nations containing a proposal for a federal constitution for Cyprus, on the condition that both communities on the island agree to it, and in consultation with the Secretary General of the United Nations. To this end, the Secretary General of the Council of Europe has been asked to establish the appropriate contacts with the Secretary General of the United Nations.

South Africa

A seminar entitled "Constitutional developments in South Africa" took place in Oslo in April 1993, organised in co-operation with the Law Faculty of the University of Oslo. This seminar brought together high level constitutional lawyers from South Africa and from Europe, with the aim of promoting exchanges of views on the on-going developments in South Africa. The major partners in the negotiating process were represented, and eight members of the Commission attended the Seminar.

In June 1993 the Committee of Ministers authorised the Commission to cooperate with the Republic of South Africa in the process of constitutional reforms.

The draft constitution, which is intended as an interim measure for the transitional period, was outlined by Ambassador van Heerden to the Commission at its 16th meeting (September 1993). European expertise will be particularly useful in relation to the constitutional court which has been based on the European model.

A Working Party on South Africa has been set up composed of the President, Mr Helgesen, Mr Kedzia, Mr Maas Geesteranus, Mr Malinverni, Mr Ragnemalm, Mr Triantafyllides, Mr Beaudoin and Ms Ely-Raphel.

Members from this Working Party visited Johannesburg and Cape Town in November 1993 upon the invitation of the South African authorities in order to meet drafters of the Constitution for the transitional period, as well as several leading figures of the Government and of the main partners in the Multi-Party Negotiating Process.

Moldova

In May 1993 a Commission delegation participated in a scientific workshop on the draft Constitution of the Republic of Moldova organised by the Parliament of Moldova.

In October 1993 a delegation of the Commission, headed by Mr Özbudun, went to Moldova for discussions on the electoral law. On the basis of this law, elections will be held on 27 February 1994 and thereafter co-operation with Moldova as regards the text of the draft Constitution can be pursued.

Georgia

The Secretary of the Constitutional Commission of Georgia attended the 17th meeting (November 1993) and declared that the draft Constitution which is due to be finalised in January 1994 will then be submitted to the Parliament and at the same time open for public debate during a period of 6 months. At this point, the Commission will be asked to give its opinion on the draft.

The rapporteurs on Georgia are Mr Helgesen, Mr Malinverni, Mr Matscher, Mr Ozbudun, Mr Scholsem, Mr Zlinszky and Mr Bartole.

b. UniDem

Several seminars were organised during 1993.

The seminar on "The transition to a new model of economy and its constitutional reflections" took place in Moscow in February 1993. It was organised by the Commission in conjunction with Moscow State University, the Supreme Soviet of the Federation of Russia, the Constitutional Court of Russia, the Constitutional Commission, the Ministry of Foreign Affairs and the Parliamentary Centre of the Supreme Soviet of Russia.

The seminar on "The relationship between international and domestic law" was held in Warsaw in May 1993, organised in conjunction with the Poznan Human Rights Centre and the University of Wroclaw. The Seminar was solemnly opened by the Prime Ministers of Poland, Ms Hanna Suchocka, who is also the member of the Commission in respect of her country.

The seminar on "The rule of law and the transition to a market economy" took place in Sofia in October 1993. The Bulgarian co-organisers were the New Bulgarian University of Sofia and the University of Blagoevgrad. The seminar concentrated on the topics of restitution, privatisation and fiscal legislation.

The proceedings of the seminars have been or will be published within the series "Science and Technique of Democracy".

For the seminars in Warsaw and Sofia, the Commission received financial support (134,400 ECU) from the Phare Democracy Programme of the European Community.

c. Protection of Minorities

In its 14th meeting (February 1993) the Commission adopted an opinion on the draft Hungarian law on the rights of national and ethnic minorities.

Representatives of the Commission attended the CSCE Seminar on "Case studies on national minorities issues: positive results" in Warsaw in May 1993.

The Commission was invited to participate in the Informal Meeting of European Ministers of Justice held in Lugano on 22 June 1993, devoted to "Federalism, Regionalism and Protection of Minorities". Mr Malinverni represented the Commission.

The Sub-Commission on the protection of minorities decided to prepare two reports, one on the rights of minorities based on the replies to a questionnaire and the other on the theme "Federalism, regionalism and the protection of minorities" on the basis of the national reports on the subject matter.

Having taken note of the Vienna Declaration adopted by the Heads of State and Government of the member States of the Council of Europe, the Commission reiterated its readiness to participate in the implementation of the decisions taken concerning the protection of minorities.

d. Constitutional Justice

Within the framework of its activities on constitutional justice, the Commission launched in 1993 the Bulletin on Constitutional Case Law. The first two issues, which were published in August and November, were warmly welcomed by constitutional lawyers both in Europe and beyond. The publication of the Bulletin represents a major step on the way towards achieving one of the Commission's aims in the field of constitutional justice, that is to say, the establishment of a fully functional Documentation Centre which groups together the most important decisions of Constitutional Courts or other equivalent bodies in such a way as to be easily accessible to all those concerned.

So that readers may have an easier use of the Bulletin, a special issue is currently in preparation which provides a full description of the powers, composition and organisation of Constitutional Courts and equivalent bodies of a large number of European and extra-European States.

e. Decentralisation of the State within the process of European integration

At its 14th meeting (February 1993) the Commission, at the request of Italy, adopted an opinion on the matter emphasising the effects of the application of the principle of subsidiarity and its increased role following the adoption of the Maastricht Treaty.

f. Emergency powers of the Government

The Commission started the preparatory work towards the elaboration of a comparative study of constitutional provisions on the emergency powers of the government, on the basis of replies to a questionnaire circulated by Mr Özbudun, rapporteur and Chairman of the competent Sub-Commission.

It is intended that the study will contain recommendations addressed to constitution drafters.

g. Relationship between international and domestic law

A comparative study on the relationship between international and domestic law by Mr Economides based on replies to a questionnaire was adopted by the Commission in its 16th meeting (September 1993) and sent to the Committee of Legal Advisers on Public International Law (CAHDI) as the Commission's contribution to the relevant activity of the Human Rights and Genuine Democracy programme.

The study also contains recommendations addressed to Constitution drafters and law-makers.

The study has been published in the series "Science and Technique of Democracy".

h. The rule of law and the transition to a market economy

Two UniDem seminars took place in Moscow and Sofia (see above) on the subject of the transition to a market economy. On the basis of the outcome of these two seminars the Commission undertook the preparation of a report with the assistance of Prof Herbiet, which will be the Commission's contribution to the Human Rights and Genuine Democracy programme on the item "Study of the problems created by the transition from a state controlled economy to a market economy, particularly as regards human rights, social justice and genuine democracy".

i. Seminars

The International Institute for Democracy organised in co-operation with the Commission, a seminar on "Parliamentary procedure and law drafting" in Tirana in September 1993.

The Commission also offered Charter 77 Foundation - New York its collaboration in the organisation of a conference on "Democracy and decommunisation : disqualification measures in Central and Eastern Europe and the former Soviet Union", which took place in November 1993.

j. Working methods

The Commission discussed how it might put the resources at its disposal to even better use in order to maximise efficiency at a time when its advice is being requested with increasing frequency. It was decided inter alia to resort more regularly to alternate members to participate in expert missions and, if necessary, to call on experts outside the Commission for specific tasks.

4. FUTURE ACTIVITIES

i. Work is still continuing on several constitutions, including those of Albania, Belarus, Georgia, Moldova, Russia, South Africa and Ukraine.

Draft laws on the Constitutional Court of Belarus, Latvia and Russia will be submitted to the Commission for opinion.

The Commission is still considering Latvia's draft law on citizenship.

ii. Two UniDem seminars are being prepared for 1994. A seminar entitled "The role of the Constitutional Court in the consolidation of the rule of law" is being organised in Bucharest on 8 - 10 June 1994 in co-operation with the Constitutional Court of Romania and with the support of the Romanian Ministry for Foreign Affairs. A conference on "The modern concept of confederation" will take place in Santorini on 23 - 24 September 1994, at the invitation of the Greek authorities.

Within the framework of the co-operation with South Africa, the proposal to organise a Seminar on Constitutional Justice was put forward.

The activities of UniDem are to be extended to include a programme of exchanges of students and professors between Western universities and universities of Central and Eastern Europe.

iii. Several projects are planned within the framework of the Commission's programme in Albania using the contribution made by the Italian Government. Didactic material and law books will be offered to the Universities of Tirana and Shkodra. Study visits for judges, legal draftspersons and law lecturers will continue in 1994.

iv. It is expected that the Commission will adopt in 1994 its reports on emergency powers of the government and on the transition to a market economy, as well as a report on the teaching of democracy and human rights in schools of journalism, thus completing the Commission's participation in the Human Rights and Genuine Democracy programme.

A P P E N D I X I - LIST OF MEMBERS OF THE EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW

AUSTRIA : Mr Franz MATSCHER, Professor at the University of Salzburg, Judge at the European Court of Human Rights

Mr Klaus BERCHTOLD, Ministerialrat, Bundeskanzleramt

BELGIUM : Mr Jean‑Claude SCHOLSEM, Dean of the Law Faculty at the University of Liège

Mr Michel HERBIET, Professor at the Law Faculty at the University of Liège

BULGARIA : Mr Alexandre DJEROV, President of the Legislative Commission of the National Assembly

Mrs Snejana BOTUSHAROVA, Vice-President of the National Assembly

CYPRUS : Mr Michael TRIANTAFYLLIDES, Attorney General of the Republic

DENMARK : Mr Michael ELMER, Deputy Permanent Secretary of State for Justice

FINLAND : Mr Antti SUVIRANTA, Former President of the Supreme Administrative Court

Mr Matti NIEMIVUO, Director at the Department of Legislation, Ministry of Justice

FRANCE : Mr Jacques ROBERT, Member of the Constitutional Council

GERMANY : Mr Helmut STEINBERGER, Director of the Max-Planck Institute, Professor at the University of Heidelberg

GREECE : Mr Constantin ECONOMIDES, Professor at Pantios University, Director of the Legal Department, Ministry of Foreign Affairs

Ms Fani DASKALOPOULOU-LIVADA, Assistant Legal Adviser, Legal Department, Ministry of Foreign Affairs

HUNGARY : Mr János ZLINSZKY, Judge at the Constitutional Court

ICELAND : Mr Magnus Kjartan HANNESSON, Professor at the University of Iceland

IRELAND : Mr Matthew RUSSELL, Senior Legal Assistant to the Attorney General

ITALY : Mr Antonio LA PERGOLA (President), Member of the European Parliament

Mr Sergio BARTOLE, Professor at the University of Trieste

LIECHTENSTEIN : Mr Gerard BATLINER, President of the Academic Council of the Liechtenstein Institute

LUXEMBOURG : Mr Gérard REUTER, President of the Board of Auditors

MALTA : Mr Joseph SAID PULLICINO, Judge

NETHERLANDS : Mr G.W. MAAS GEESTERANUS, Former Legal Adviser to the Minister of Foreign Affairs

NORWAY : Mr Jan HELGESEN, Professor at the University of Oslo

POLAND : Mrs Hanna SUCHOCKA, Member of Parliament

Mr Zdzislaw KEDZIA, Minister Plenipotentiary, Counsellor at the Permanent Mission of Poland to the United Nations

PORTUGAL : Mr José Menéres PIMENTEL, Ombudsman

Mr Antonio VILHENA DE CARVALHO, Office of Comparative Law, Attorney General's Office

SAN MARINO : Mr Giovanni GUALANDI, Vice‑President of the Council of Presidency of the Legal Institute of San Marino

SLOVAKIA : Mr Ján KLUCKA, Judge at the Constitutional Court

SPAIN : Mr Luis AGUIAR DE LUQUE, Director of the Centro de Estudios Constitucionales

Mr Jaime NICOLAS MUNIZ, Deputy Director of the Centro de Estudios Constitucionales

SWEDEN : Mr Hans RAGNEMALM, Justice of the Supreme Administrative Court

SWITZERLAND : Mr Giorgio MALINVERNI, Professor at the University of Geneva

TURKEY : Mr Ergun ÖZBUDUN, Professor at the University of Ankara, Vice President of the Turkish Foundation for Democracy

ASSOCIATE MEMBERS

ALBANIA : Mr Aleks LUARASI, Professor at the University of Tirana

CROATIA : Mr Stanko NICK, Chief Legal Adviser, Ministry of Foreign Affairs

LATVIA : Mr Aivars ENDZINS, President of the Legislative Commission of the Supreme Council

LITHUANIA : Mr Kestutis LAPINSKAS, Chairman of the Commission for the drafting of the Constitution of the Supreme Council

ROMANIA : Mr Petru GAVRILESCU, Specialist, Directorate for Human Rights, Ministry for Foreign Affairs

RUSSIA : Mr Nicolas VITROUK, Vice-President of the Constitutional Court

SLOVENIA : Mr Peter JAMBREK, President of the Constitutional Court, Judge at the European Court of Human Rights

Mr Anton PERENIC, Professor of Law, former Judge of the Constitutional court

UKRAINE[2] : Mr Leonid YUZKOV, President of the Constitutional Court

Mr Petro MARTYNENKO, Professor at the Institute of International Relations, Kiev State University

OBSERVERS

CANADA : Mr Gérald BEAUDOIN, Senator

HOLY SEE : Mr Vincenzo BUONOMO, Professor of International Law at the Latran University

JAPAN : Mr Masato ITO, Consul, Consulate General of Japan, Strasbourg

KYRGYZSTAN : Mr Serikul KOSAKOV, Chairman of the Supreme Economic Court

U.S.A. : Mrs Nancy ELY-RAPHEL, Deputy Assistant Secretary of State, Bureau of Human Rights and Humanitarian Affairs

A P P E N D I X II - OFFICES AND COMPOSITION OF THE SUB-COMMISSIONS

- President : Mr La Pergola

- Vice-Presidents : Mr Steinberger, Mr Triantafyllides, Mr Djerov

- Bureau : Mr Ragnemalm, Ms Suchocka, Mr Reuter, Mr Pimentel Chairmen of Sub-Commissions - Mr Russell, Mr Malinverni, Mr Economides, Mr Özbudun, Mr Scholsem, Mr Matscher

- Constitutional Justice : Chairman Mr Russell - members: Bulgaria, Cyprus, Denmark, Finland, France, Germany, Hungary, Italy, Liechtenstein, Luxembourg, Malta, Poland, Portugal, Sweden, Turkey, Romania, Slovenia.

- Federal State and Regional State : Chairman Mr Malinverni - members: Austria, Belgium, Cyprus, Germany, Greece, Italy, Poland, Spain, Croatia, Canada, USA.

- Relations between international law and domestic law : Chairman Mr Economides - members: Bulgaria, Finland, Germany, Italy, Norway, Switzerland, Slovenia.

- Emergency powers of the government : Chairman Mr Ozbudun - members: Finland, Ireland, Liechtenstein.

- Rule of law and transition to a market economy : Chairman Mr Scholsem - members: Cyprus, Luxembourg.

- Protection of Minorities : Chairman Mr Matscher - members: Belgium, Greece, Hungary, Netherlands, Norway, San Marino, Switzerland, Turkey, Croatia, Romania.

- Task Force : Chairman Mr La Pergola, Vice-Chairman Mr Helgesen - members: Belgium, Bulgaria, Cyprus, Finland, France, Greece, Liechtenstein, Luxembourg, Netherlands, Poland, Portugal, Spain, Sweden, Switzerland, Turkey.

- Latin America : Chairman Mr Matscher - members: Germany, Italy, Norway, Portugal, Spain.

- UniDem : Chairman Mr La Pergola - members Belgium, Germany, Netherlands, Norway, Poland, Portugal, Spain, Turkey, Holy See.

- South Africa : Chairman Mr La Pergola - members Cyprus, Netherlands, Norway, Poland, Sweden, Switzerland, Canada, USA.

A P P E N D I X III - MEETINGS OF THE EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW IN 1993 [3]

Plenary Meetings

14th meeting 5-6 February

15th meeting 21-22 May (Warsaw)

16th meeting 10-11 September

17th meeting 12-13 November

Bureau

5th meeting - Meeting enlarged to include the Chairmen of Working Parties

- 12 November

WORKING PARTIES

Minorities

9th meeting 4 February

10th meeting 9 September

Federal and Regional State

3rd meeting 9 September

Constitutional Justice

Meetings with Liaison officers from Constitutional Courts for the establishment of a Documentation Centre

4th meeting 3 February

5th meeting 10 November

Meeting of experts for the elaboration of the constitutional case law Bulletin

- 2 June (Strasbourg)

Task Force on Constitutional Reform

Exchange of views on Russian draft Constitution

- 17 February (Moscow)

Exchange of views on draft Constitution of Kyrgyzstan

- 4-6 March (Biskek, Kyrgyzstan)

Exchange of views on draft Constitution of Ukraine

- 31 May-2 June (Kiev)

Participation in meeting on the Gagaouze minority in Moldova

- 21 July (Strasbourg)

Participation in a mission of experts of the Council of Europe on citizenship law of Latvia

- 14-15 September (Riga)

Exchange of views on electoral law of Moldova

- 21-22 October (Chisinau, Moldova)

Meeting on draft constitution of South Africa

- 18-23 November (Johannesburg and Cape Town)

Relationship between international and domestic law

Joint meeting with the UniDem Governing Board

- 4 February

4th meeting 19 May (Warsaw

UniDem Governing Board

Joint meeting with the Working Party on the Relationship between international and domestic law

- 4 February

Joint meeting with the Working Party on the rule of law and transition to a market economy

- 4 February

7th meeting 11 November

Rule of law and transition to a market economy

Joint meeting with the UniDem Governing Board

- 4 February

Emergency Powers

1st meeting 5 February

2nd meeting 11 November

SEMINARS AND CONFERENCES

UniDem Seminar on the transition to a new model of economy and its constitutional reflections

- 18-19 February (Moscow)

Seminar on Constitutional Development in South Africa

- 13-14 April (Oslo)

UniDem Seminar on the relationship between international and domestic law

- 19-21 May (Warsaw)

Attendance at CSCE Office for Democratic Institutions and Human Rights - Seminar on Case studies on national minorities issues: positive results

- 24-28 May (Warsaw)

Attendance at Workshop on Constitutional Reforms in Moldova

- 27-28 May (Chisinau)

Participation at the Informal Meeting of European Ministers of Justice

- 22 June (Lugano)

Parliamentary procedure and law drafting

- 17-18 September (Tirana)

(in co-operation with the International Institute for Democracy)

European Law Week

- 4-8 October (Tirana)

(in co-operation with the DemoDroit programme)

UniDem Seminar on rule of law and transition to a market economy

- 14-16 October (Sofia)

Democracy and decommunisation : disqualification measures in Central and Eastern Europe and the former Soviet Union

- 14-15 November

(in co-operation with Charter 77 Foundation-New York)

[1] Adopted by the Commission during its 18th meeting (Venice, 25-26 February 1994).

[2] As of January 1994.

[3] All meetings took place in Venice unless otherwise indicated.