Background

In July 2009 the State Constitutional Commission requested the Venice Commission’s assistance in the preparation of amendments to the Constitution. In the first place the Commission was requested to examine the chapter on local self-government (opinion of March 2010). In May 2010 the draft constitutional amendments were finalised by the Constitutional Commission and subsequently forwarded to the Venice Commission.

In its preliminary comments of July 2010, the Venice Commission provided an overall positive assessment of the draft amendments but argued for further improvements to be made. During this visit the representatives of the Commission will notably clarify the proposals concerning the division of powers between the state institutions (the parliament, the president and the government).

The Commission adopted its opinion at the October 2010 session -  text of the opinion CDL-AD(2010)028.

Conclusions

The constitutional reform aims to move from a rather presidential system of government to a mixed system where the executive power is in the hands of the government which is accountable to the parliament. The President loses his role of leader of foreign and domestic policy, and becomes [primarily] a guarantor of the continuity and national independence of the state and of the functioning of the democratic institutions. His role is that of a neutral arbitrator between the state institutions. The proposed constitutional amendments provide for several important improvements and significant steps in the right direction.

The Commission considers nevertheless that it would be desirable to further strengthen the powers of parliament. In this respect, the provisions on the formation of the government and especially those on the motion of non-confidence, as well as those about the parliament’s powers in budget matters, should be reconsidered.