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Strasbourg, 1
April 2000
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Diffusion restreinte
CDL-RA(99)003
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EUROPEAN COMMISSION FOR DEMOCRACY
THROUGH LAW
(VENICE COMMISSION)
******
ANNUAL
REPORT OF
ACTIVITIES FOR 1999
APPENDICES
APPENDIX I – LIST OF MEMBERS. 5
APPENDIX
II - OFFICES AND COMPOSITION OF THE SUB-COMMISSIONS. 11
APPENDIX
III - MEETINGS OF THE EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW IN 1999. 13
APPENDIX
IV - LIST OF PUBLICATIONS OF THE VENICE COMMISSION.. 19
Mr Antonio LA PERGOLA (Italy), President, Judge at the Court of Justice
of the European Communities
(Substitute: Mr Sergio
BARTOLE, Professor, University
of Trieste)
* * *
Mr Gerard BATLINER (Liechtenstein), Vice-President, Member, Academic Council
of the Liechtenstein Institute
Mr Jan HELGESEN (Norway), Vice-President, Professor, University of Oslo
Mr Serhiy HOLOVATY, (Ukraine), Vice-President, Member of Parliament,
President of the Ukrainian Legal Foundation
(Substitute: Mr Volodymyr
SHAPOVAL, Judge, Constitutional Court)
* * *
Mr Constantin ECONOMIDES
(Greece), Professor, Pantios University, Former Director of the Legal Department,
Ministry of Foreign Affairs
(Substitute: Ms Fani
DASKALOPOULOU-LIVADA, Assistant Legal Adviser, Legal Department, Ministry of
Foreign Affairs)
Mr Giovanni GUALANDI (San Marino), Vice-President of the Council of Presidency of
the Legal Institute of San Marino
Mr Giorgio MALINVERNI (Switzerland), Professor, University of Geneva
Mr Franz MATSCHER (Austria), Professor, University of Salzburg
(Substitute: Mr Klaus
BERCHTOLD, Former Head of Division, Federal Chancellery)
Mr Ergun ÖZBUDUN (Turkey), Professor, University of Bilkent, Vice
President of the Turkish Foundation for Democracy
Mr Gérard REUTER (Luxembourg), Former President of the Board of Auditors
(Substitute
: Ms Lydie ERR, Member of Parliament)
Mr Jean-Claude SCHOLSEM (Belgium), Professor, Law Faculty, University of Liège
Mr Michael
TRIANTAFYLLIDES (Cyprus), Chairman of the Council of the University of Cyprus,
Former President of the Supreme Court and former Attorney-General of the
Republic
Mr Helmut STEINBERGER (Germany), Director of the Max-Planck Institute, Professor,
University of Heidelberg
(Substitute
: Mr Georg NOLTE, Professor of Public Law, University of Goettingen)
Mr Jacques ROBERT
(France), Honorary President of the Paris University of Law, Economics and
Social Science, Former Member of the Constitutional Council
Mr Joseph SAID PULLICINO
(Malta), Chief Justice
Mr Ján KLUCKA (Slovakia), Judge, Constitutional Court
Mr Peter JAMBREK
(Slovenia), Former President of the Constitutional Court, Former Judge at the
European Court of Human Rights
(Substitute: Mr Anton
PERENIC, Professor of Law, former Judge of the Constitutional court)
Mr Kestutis LAPINSKAS (Lithuania), President of the Division of Administrative
Cases, Court of Appeal
Mr Asbjørn JENSEN (Denmark), Judge, Supreme Court
(Substitute: Mr John LUNDUM,
High Court Judge)
Mr Cyril SVOBODA (Czech Republic), Member of Parliament
(Substitute
: Ms Ivana JANU, Vice-Chairman, Constitutional Court)
Mr Aivars ENDZINS (Latvia), Acting Chairman, Constitutional Court
Mrs Hanna SUCHOCKA (Poland), Minister of Justice
Mrs Ana MILENKOVA (Bulgaria), Advocate, Former Member of the National
Assembly
(Substitute: Mr Alexandre
DJEROV, Advocate, Member of the National Assembly)
Ms Carmen IGLESIAS CANO (Spain), Director of the Centre for Constitutional
Studies
Mr Rune LAVIN (Sweden), Justice, Supreme Administrative Court
(Substitute
: Mr Hans Heinrich VOGEL, Professor in Public Law, University of Lund)
Mr Stanko NICK (Croatia), Ambassador, Ministry of Foreign Affairs
(Substitute: Mrs Marija
SALECIC, Legal Adviser, Constitutional Court)
Mr Vladimir SOLONARI (Moldova), Chairman of the Committee on Human Rights and
National Minorities, Parliament of Moldova
Mr Tito BELICANEC,
("The former Yugoslav Republic of Macedonia"), Professor, Faculty of Law, University of Skopje
(Substitute: Mr Igor
SPIROVSKI, Counsellor, Constitutional Court)
Mr Kaarlo TUORI (Finland), Professor of Administrative law, University of Helsinki
(Substitute: Mr Matti
NIEMIVUO, Director at the Department of Legislation, Ministry of Justice)
Mr James HAMILTON (Ireland), Director of Public Prosecutions
Mr Luan OMARI (Albania), Vice President, Sciences Academy of Albania
Mr Hjörtur TORFASON (Iceland), Judge, Supreme Court of Iceland
Mr László SÓLYOM (Hungary), Former President of the Constitutional Court
Mr Valeriu STOICA (Romania), Minister of State, Minister of Justice
(Substitute: Mr Alexandru FARCAS, Counsellor, Embassy of Romania in Geneva)
Mr Vital MOREIRA (Portugal), Professor, Law Faculty, University of Coimbra
Mrs Maria de Jesus SERRA
LOPES, State Counsellor, Former Chairman of the Bar Association
Mr Pieter VAN DIJK (The Netherlands), State Councillor, Former Judge at the European
Court of Human Rights
(Substitute: Mr Erik
LUKACS, Legal Adviser, Ministry of Justice)
Mr Avtandil DEMETRASHVILI
(Georgia), Chairman of the Constitutional Court
(Substitute: Mr Gela
BEZHUASHVILI, Director, Department of International Law, Ministry of Foreign
Affairs)
Mr François LUCHAIRE
(Andorra), Honorary President of the University of Paris I, Former member of
the French Constitutional Council, former President of the Constitutional
Tribunal of Andorra
Mr Peeter ROOSMA (Estonia), Adviser, Supreme Court of Estonia
Mr Jeffrey JOWELL (United Kingdom), Professor of Public Law, University College London
ASSOCIATE
MEMBERS
Mr Gaguik HARUTUNIAN (Armenia), Chairman, Constitutional Court
Mr Khanlar I. HAJIYEV (Azerbaijan), Chairman, Constitutional Court
Mr Anton MATOUCEWITCH (Belarus), Deputy President, Belarussian Trade Union
Federation
Mr Cazim SADIKOVIC (Bosnia and Herzegovina), Dean, Faculty of Law, University of Sarejevo
OBSERVERS
Mr Hector MASNATTA (Argentina), Ambassador, Executive Vice-Chairman, Centre for
constitutional and social studies
Mr Gérald BEAUDOIN (Canada), Professor, University of Ottawa, Senator
(Substitute
: Ms Ruth BARR, Acting/General Counsel, International Law and Activities
Section, Ministry of Justice)
Mr Vincenzo BUONOMO (Holy
See), Professor of International Law at the Latran University
Mr Amnon RUBINSTEIN (Israel), Chairman, Constitution, Law and Justice,
Committee of the Knesset
Mr Yoshihide ASAKURA (Japan), Consul, Consulate General of Japan, Strasbourg
Mr Oljas SOULEIMENOV (Kazakhstan), Ambassador of Kazakhstan in Rome
Mr Choi DAE-HWA (Republic of Korea), Ambassador of the Republic of Korea to Luxembourg, Belgium and the European Union
Mr Serikul KOSAKOV (Kyrgyzstan), Director General, Committee on Science and New
Technologies
Mr Paul GEWIRTZ (United States of America), Yale Law School
Mr Miguel SEMINO (Uruguay), Ambassador of Uruguay in Paris
SECRETARIAT
Mr Gianni BUQUICCHIO
Mr Christos
GIAKOUMOPOULOS
Mr Thomas MARKERT
Mr Pierre GARRONE
Mr Rudolf DÜRR
Mr Sergueï KOUZNETSOV
Ms Helen MOORE
Ms Caroline MARTIN
Ms Sarah BURTON
Mrs Michelle REMORDS
Ms Helen MONKS
Ms Brigitte AUBRY
Mrs Agnès READING
Ms Marian JORDAN
Mrs Emmy KEFALLONITOU
Mme Marie-Louise WIGISHOFF
- President : Mr La Pergola
- Vice-Presidents : Mr Batliner, Mr Helgesen, Mr
Holovaty
- Bureau : Mr Endzins, Mr Reuter, Mr Robert, Mr Said
Pullicino
- Chairmen of Sub-Commissions : Mr Economides, Mr
Malinverni, Mr Matscher, Mr Nick, Mr Ozbudun, Mr Scholsem, Mr Solyom, Ms
Suchocka, Mr Steinberger, Mr Triantafyllides, Mr Tuori
- Constitutional Justice : Chairman: Mr Sólyom -
members: Mr Bartole, Mr Batliner, Mr Demetrashvili, Mr Djerov, Mr Endzins, Mr
Hamilton, Mr Jambrek, Mr Jensen, Mr La Pergola, Mr Lapinskas, Mr Lavin, Ms
Milenkova, Mr Moreira, Mr Özbudun, Mr Reuter, Mr Robert, Mr Said Pullicino, Mr
Steinberger, Ms Suchocka, Mr Torfason, Mr Triantafyllides, Mr Tuori, Mr van
Dijk
- Federal State and Regional State : Chairman: Mr
Malinverni - members: Mr Bartole, Mr Economides, Ms Iglesias, Mr La Pergola, Mr
Matscher, Mr Nick, Mr Sadikovic Mr Scholsem, Ms Serra Lopes, Mr Steinberger, Mr
Triantafyllides; Mr Tuori Obs. : Canada, USA
- International Law : Chairman: Mr Economides -
members: Mr Djerov, Mr Farcas, Mr Helgesen, Mr Holovaty, Mr Jambrek, Mr Klucka,
Mr La Pergola, Mr Lukacs, Mr Malinverni, Mr Matscher, Ms Milenkova, Mr Moreira,
Mr Nick, Mr Steinberger, Mr Triantafyllides
- Protection of Minorities : Chairman: Mr Matscher - members: Mr Bartole,
Mr Economides, Mr Farcas, Mr Gualandi, Mr Helgesen, Mr Malinverni, Mr Nick, Mr
Özbudun, Mr Scholsem, Mr Sólyom, Mr van Dijk
- Constitutional Reform : Chairman: Mr Triantafyllides, Vice-Chairman:
Mr Batliner -members: Mr Bartole, Mr Djerov, Mr Economides, Mr Endzins, Mr
Farcas, Mr Holovaty, Ms Iglesias, Mr La Pergola, Mr Lapinskas, Mr Lukacs, Mr
Omari; Mr Malinverni, Ms Milenkova, Mr Moreira, Mr Özbudun, Mr Reuter, Mr
Robert, Mr Scholsem, Ms Serra Lopes, Ms Suchocka, Mr Torfason, Mr Tuori
- Democratic Institutions : Chairman: Mr
Steinberger - members: Mr Djerov, Mr Economides, Mr Farcas, Mr Hamilton,
Mr Holovaty, Ms Iglesias, Mr Jambrek, Mr Klucka, Mr Lapinskas, Mr Lavin, Ms
Milenkova, Mr Moreira, Mr Omari, Mr Özbudun, Mr Reuter, Mr Robert, Ms Serra
Lopes, Mr Svoboda, Mr Triantafyllides, Mr Tuori
- UniDem Governing Board : Chairman: Mr Scholsem -
members: Mr Batliner, Mr Djerov, Mr Gualandi, Mr Helgesen, Ms Iglesias, Mr La
Pergola, Mr Lavin, Mr Malinverni, Ms Milenkova, Mr Moreira, Mr Özbudun, Mr
Reuter, Mr Robert, Mr Steinberger, Mr Svoboda; Mr Tuori, Mr van Dijk Obs. : Holy See, ODIHR
Co-opted members : Prof. Evans (Johns Hopkins University, Bologna), Prof. von der Gablentz (College of Europe, Bruges), Prof. Masterson (European University Institute,
Florence), Mr Koller (Federal Office of Justice, Berne)
- South Africa : Chairman: Ms Suchocka - members: Mr Hamilton, Mr Helgesen, Mr Lavin, Mr La
Pergola, Mr Malinverni, Mr Scholsem, Mr Torfason, Mr Triantafyllides; Mr Tuori,
Obs. : Canada, USA
- Mediterranean Basin : Chairman: Mr Özbudun -
members: Mr Batliner, Mr Economides, Ms Iglesias, Mr La Pergola, Mr Malinverni,
Mr Nick, Mr Robert, Mr Said Pullicino, Mr Triantafyllides
- Administrative and Budgetary Questions : Chairman:
Mr Tuori - members: Mr Economides, Mr Malinverni, Mr Reuter
- Emergency powers : Chairman : M. Nick
APPENDIX III
- MEETINGS OF THE EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW IN 1999
Plenary Meetings
38th meeting 22-23 March
39th meeting 18-19 June
40th meeting 15-16 October
41st meeting 10-11 December
Bureau
19th meeting -
Meeting enlarged to include the Chairmen of Sub-Commissions
- 22
March
20th meeting -
Meeting enlarged to include the Chairmen of Sub-Commissions
- 17
June
21st meeting -
Meeting enlarged to include the Chairmen of Sub-Commissions
- 14
October
22nd meeting -
Meeting enlarged to include the Chairmen of Sub-Commissions
- 9
December
SUB-COMMISSIONS
Constitutional Justice
Meeting of Working Group
on the systematic thesaurus
29 April (Vaduz)
16th meeting - 30 April (Vaduz)
(Meeting with Liaison officers
from Constitutional Courts)
International Law
18th meeting - 20
March (Bologna)
19th meeting - 14 October (Joint meeting with
Sub-Commission on Federal and Regional State)
20th meeting 9 December (Joint meeting with
Sub-Commission on Federal and Regional State)
UniDem Governing Board
22nd meeting - 20 March (Bologna)
23rd meeting - 17 June
24th meeting - 14 October
25th meeting 9 December
Federal and Regional State
10th meeting - 20 March (Bologna)
11th meeting 17 June
12th meeting 14 October (Joint meeting with
Sub-Commission on International Law)
13th meeting 9 December (Joint meeting with
Sub-Commission on International Law)
Democratic Institutions
7th Meeting 17 June
8th Meeting 9 December
Constitutional Court of Croatia - Meeting of the
International Advisers
- 27-28
May (Zagreb)
Working Group on the Ombudsman Institutions in Bosnia
and Herzegovina
27 January (Strasbourg)
17-18 February (Paris)
11 May (Paris)
Meetings on opinions concerning Bosnia
and Herzegovina :
Working Group the scope
of the responsibilities of Bosnia and Herzegovina in the field of immigration and asylum with
particular regard to possible involvement of the entities
29 January (Paris)
Working Group on the Restructuring of Human Rights
mechanisms in Bosnia and Herzegovina
30
January (Paris)
25
February (Paris)
11
June (Paris)
20
September (Salzburg)
Working Group on the consequences of
the Brčko
arbitration
19 April (Paris)
21 September (Salzburg)
Working Group on the
establishment of the Court of the State of Bosnia and Herzegovina
10 May (Brussels)
10 September (Strasbourg)
Meetings concerning the situation in Kosovo
Participation in Peace
negotiations
5-20 February (Rambouillet)
15-18 March (Paris)
Working Group on the
future judiciary in Kosovo
28
May (Brussels)
23-29
June (Pristina)
1-5
October - meeting with UNMIK (Pristina)
14 October
11-14
November - meeting with UNMIK (Pristina)
9 December
Working Group Ombudsman
Kosovo
13-14 September (Pristina)
8 October (Paris)
17 November (Strasbourg)
Working Group on Draft rules and regulations for
elections in Kosovo
20 December (Strasbourg)
Working Group on electoral legislation in Albania
- 19-20
February (Tirana)
Working Group on the law
on the supreme court of Albania
4-5 June (Tirana)
Working Group on the law
on the constitutional court of Albania
8 November (Tirana)
Armenia
electoral code
4 May (Paris)
8-19 June (Yerevan - assistance with elections)
Working Group on the Bulgarian law on the reform
of the judiciary
19-20 February (Sofia)
Working Group on the laws
on local administration and territorial organisation in Moldova
23-26 May (Chisinau)
21 September (Salzburg)
Working Group on
constitutional reform in Moldova
18 September (Chisinau)
16 October
5 November (Strasbourg)
UNIDEM SEMINARS
UniDem Seminar on Federal
and Regional States in the perspective of European integration
- 18-19
March (Bologna)
UniDem Seminar on the
right to a fair trial
- 23-25
September (Brno, Czech Republic)
UniDem Seminar on
Societies in conflict : the contribution of law and democracy to conflict
resolution
- 26-27
November (Bled)
UniDem Seminar on the
implemention of the new Constitution of Albania
- 13-14
December (Trieste)
CONSTITUTIONAL JUSTICE SEMINARS
Seminar on “the Role of
the Constitutional court in the protection of private property”
30-31 March (Chisinau)
Workshop on the
relationship between the Constitutional Court and the Ombudsman”
1-2 July (Kyiv)
Seminar on
“Constitutional Control in Federal and Unitary States”
1-2 July (Batumi, Georgia)
Seminar on “Cases of
conflict between state powers before the Constitutional Court”
4-5 October (Yerevan)
Seminar on “Execution of
decisions of the Constitutional Court”
28-29 October (Kyiv)
Conference of Secretaries
General of Constitutional Courts and equivalent jurisdictions
25-26 November (Kyiv)
STABLITY PACT
Conference on “The
contribution of constitutional arrangements for the stability of South-East Europe”
29-30
November (Brdo, Slovenia)
Seminar on “the Ombudsman
and the Stability Pact”
14-15 December (Budapest)
PROGRAMME DEMOCRACY FROM THE LAW BOOK TO REAL LIFE
Conference on
intergovernmental relations and provincial government
29-30 March (Midrand)
Workshop on open and
accountable democracy, co-organised with the South African Human Rights
Commission
15-17 July (Cape Town)
Conference on district
councils
2-3 September (Cape Town)
Workshop on the
constitutional state and public administration, Cape Administrative
Academy
8-12 November (Cape Town)
African renaissance conference : democracy and constitutionalism in Africa over the past 40 years
16-17 November (Midrand)
OTHER SEMINARS AND CONFERENCES
Participation in a
meeting of ACCPUF
20 January (Paris)
Participation in a
Meeting of the Sub-Commission of the CLRAE on Federal and Regional State
25 January (Paris)
Participation in a
Conference on constitutional culture
5-7 March (Warsaw)
Participation in a
colloquium on the future policical status of Kosovo
12 March (Paris)
Participation in exchange
of views with the Constitutional Commission and the parliament of Mozambique and UNOPS
26-28 March (Maputo)
Regional training and
equipment Seminar organised by ACCPUF
29 March (Chisinau)
Seminar on “Regional
autonomy”
22-23 April (Baku)
Participation in a
meeting of the Croatian Council for National Minorities
5 May (Zagreb)
Participation in the
Conference of European Constitutional Courts
17-21 May (Warsaw)
Participation in a
Conference on the future of federalism and regionalism in Europe
27-28 May (Stuttgart)
Participation in the 7th
International Judicial Conference organised by the Center for Democracy (USA)
27-29 May (Moscow)
Participation in a
Seminar for the Constitutional courts of West Africa organised by ACCPUF
20-23 June (Abidjan, Ivory Coast)
Participation in a Study
day -21st century Europe listening to the Continent of Asia
23-24 September (Strasbourg)
Participation in a
meeting of the Scientific Council of the Foundation Venice for Peace
1 October
Participation in an
international Conference on Federalism organised by the Forum of Federations
5-8 October (Quebec)
Participation in an
exchange of views with representatives of Montenegro
20 October (Luxembourg)
Participation in a
seminar on constitutional Justice and Democratic Development in the countries
of Central and Eastern Europe
12-13 November (Bologna)
Seminar on the Ombudsman
institutions in Bosnia and Herzegovina
15-16 November (Sarajevo)
Participation in an
exchange of views with the Constitutional Court of Bosnia and Herzegovina
2-3 December (Sarajevo)
Participation in a
Conference on the situation in Kosovo organised by the UN Association of
America
13-14 December (Rome)
Collection - Science
and technique of democracy
No. 1 : Meeting with the presidents of
constitutional courts and other equivalent bodies
(1993)
No. 2 : Models of constitutional
jurisdiction
by Helmut Steinberger
(1993)
No. 3 : Constitution making as an
instrument of democratic transition(1993)
No. 4 : Transition to a new model of
economy and its constitutional reflections (1993)
No. 5 : The relationship between
international and domestic law (1993)
No. 6 : The relationship between
international and domestic law
by Constantin Economides3 (1993)
No. 7 : Rule of law and transition to a
market economy (1994)
No. 8 : Constitutional aspects of the
transition to a market economy (1994)
No. 9 : The Protection of Minorities (1994)
No. 10 : The role of the constitutional court in
the consolidation of the rule of law (1994)
No. 11 : The modern concept of confederation
(1995)
No. 12 : Emergency powers3
by Ergun Özbudun and Mehmet Turhan (1995)
No. 13 : Implementation of constitutional
provisions regarding mass media in a pluralist democracy (1995)
No. 14: Constitutional justice and democracy
by referendum (1996)
No. 15
: The protection of
fundamental rights by the Constitutional Court (1996)
No. 16: Local self-government,
territorial integrity and protection of minorities (1997)
No. 17: Human Rights and the
functioning of the democratic institutions in emergency situations (1997)
No. 18: The constitutional
heritage of Europe (1997)
No. 19
: Federal and
Regional States (1997)
No. 20 : The composition of
Constitutional Courts (1997)
No. 21 Citizenship and state succession
(1998)
No. 22 The transformation of the Nation-State in Europe at the dawn of the 21st century (1998)
No. 23 Consequences of state succession
for nationality (1998)
No. 24 Law and foreign policy (1998)
No. 25 New trends in electoral law in a
pan-European context (1999)
No. 26 The principle of respect for human
dignity in European case-law (1999)
No. 27 Federal and Regional States in the perspective of European integration (1999)
No. 28 The right to a fair trial (2000)
* * * * *
Bulletin on
Constitutional Case-Law - 93-1,2,3
94-1,2,3
95-1,2,3
96-1,2,3
97-1,2,3
98-1,2,3
99-1
Special Bulletins - 1994
- Description of Courts
1999
- Description of Courts
Basic
texts 1,2,3,4 and 5 (extracts from constitutions and laws on Constitutional
Courts)
Leading
cases - European Court of Human Rights
Freedom
of religion and beliefs
* * * * *
Annual Reports - 1993,
1994, 1995, 1996, 1997, 1998, 1999
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