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on 16 May 2009, in the final Position of the European Union regarding its association with
Turkey (ASSOCIATION WITH TURKEY, Establishment of the position of the
European Union, for the 47th Association Council meeting (Brussels, 19 May
2009):
“…the EU recalls that on 14 March 2009 the Venice Commission of the
Council of Europe delivered its opinion on the Turkish legal provisions
governing the closure of political parties. The EU invites Turkey to amend
these provisions in line with the case law of the European Court of Human
rights and taking into account the above-mentioned opinion of the Venice
Commission.”
The European Court of
Human Rights
The work of the Venice Commission is increasingly used by the European Court of
Human Rights for the purpose of interpreting the scope of the rights and
freedoms guaranteed by the Convention. Today, more than
forty rulings and
decisions cite the Commission's work.

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US House of Representatives
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The US House of Representatives
in its Resolution H. Res. 171 on Bosnia and Herzegovina, calling inter alia for
further constitutional reforms in the country and quoting the Venice
Commission’s |
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Opinion on the Constitutional Situation in Bosnia and Herzegovina and the Powers
of the High Representative” CDL-AD(2005)004, adopted by the Venice Commission on
11-12 March 2005:
“…the Council of Europe's Venice Commission has concluded that the current
constitutional arrangements of Bosnia and Herzegovina are neither efficient nor
rational, and that the state-level institutions need to become more effective
and democratic if the country is to move toward EU membership,”
the resolution reads.
The opinion
Resolution H.Res.171 "Expressing the sense of the House of Representatives on
the need for constitutional reform in Bosnia and Herzegovina and the importance
of sustained United States engagement in partnership with the European Union
(EU)." |
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The first reference was made in 2001 in the case Banković and others v.
Belgium and 16 other Contracting States, where the report on the
preferential treatment of national minorities by their kin-state, adopted by the
Venice Commission at its 48th Plenary Meeting (19-20 October 2001), was quoted
in the context of determining the scope of Article 1 of the Convention.
Guidelines on prohibition and dissolution of political parties (CDL-INF(2000)001)
and the Code of Good Practice in Electoral Matters (CDL-AD(2002)023),
respectively adopted by the Venice Commission at its 41th,
51th
and 52th
sessions, are the most cited by the ECHR.
In
2005, in the case
Jeličić v. Bosnia and Herzegovina, the Venice Commission as a third
party has submitted its opinion adopted at its 63th
plenary session on 10-11 June 2005 (CDL-AD
(2005)020) on the nature of proceedings before the Human Rights Chamber and
the Constitutional Court of Bosnia and Herzegovina. In 2006, in the case
Basque Nationalist Party - Regional Organisation of Iparralde v. France, the
Venice Commission has produced, at the invitation of the Court, a notice adopted
at its 66th
plenary session (17-18 March 2006,
CDL-AD(2006)014) on the financing of political parties through foreign
funds.
Most
recently, on 22 December 2009, the Court in its judgement
Sejdic v. Bosnia and Herzegovina, stating violation of Article 14
(prohibition of discrimination) of the European Convention on Human Rights taken
together with Article 3 of Protocol No. 1 (right to free elections), and
Violation of Article 1 of Protocol No. 12 (general prohibition of
discrimination) to the Convention), referred to several opinions of the Venice
Commission:
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on the constitutional situation in Bosnia
and Herzegovina and the powers of the High Representative (CDL-AD(2005)004
of 11 March 2005);
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on different proposals for the election
of the Presidency of Bosnia and Herzegovina (CDL-AD(2006)004
of 20 March 2006);
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on the draft amendments to the
Constitution of Bosnia and Herzegovina (CDL-AD(2006)019
of 12 June 2006).
Link to the ECHR database
(click on
"HUDOC collection", then type "venice commission" or "commission de venise" in the
search field and click on English and French to get the full list of judgements
containing references to the Commission' s documents) |
International Human
Rights NGOs
Amnesty International
and Human Rights Watch have referred to
the
Commission in dozens of their documents.
Examples of references by the Amnesty International
Examples of References by the Human Rights Watch |