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Neighbourhood co-operation activities of the Venice Commission: general overview

The Venice Commission is mainly known for its legal opinions. Some countries from the Southern Mediterranean region have requested legal opinions on their draft legislation. Apart from providing legal opinions on constitutional matters, the Venice Commission also shares the standards and the best practices adopted within the Council of Europe membership beyond its borders including through co-operation activities on bilateral or regional basis.

The co-operation activities in the southern Mediterranean are organised with the financial support of the European Union, in particular, through the joint Council of Europe-European Union South Programme, and with voluntary contributions from France, Italy, Norway and Belgium.

 

Providing legal opinions on draft legislation

The Venice Commission has provided a number of legal opinions on draft legislation upon request coming from the southern Mediterranean partners or the European Union.

In the case of Tunisia the Commission provided an opinion on the draft Constitution of Tunisia  after two years of close and fruitful co-operation with the National Constituent Assembly of Tunisia (NCA). The Constitution adopted on 27 January 2014 contains a large number of Commission's recommendations. Legal opinions were later adopted with regard to specific organic laws such as the laws on the Constitutional Court of Tunisia (2015), on the economic and financial aspects of the reconciliation process (2015) and on the organisation and the political parties and their financing (2018).

In March 2013, the Egyptian authorities requested an opinion from the Venice Commission on the draft law on Civic Work Organisations of Egypt. A representative from the Egyptian authorities participated in exchanges of views with the Commission at its June 2013 Plenary Session. The interim opinion was adopted by the Commission (CDL-AD(2013)023) and forwarded to the authorities.

Countries may request the assistance of the Venice Commission in the preparation of draft laws or the establishing of authorities provided for by the Constitution. One form that this assistance might take is that of an informal opinion, including one prepared with other experts of the Council of Europe. For example, this was done in 2014 after the adoption of the revised Moroccan constitution. Following a request from Morocco the Venice Commission supported the preparation of two laws namely the law establishing the Authority responsible for Equality and the Fight against Discrimination and the Consultative Council for the Family and Children(2013) and the organic law on the High Judicial Council and the Status of Judges (2015); Exchanges of views with high level representatives of the Moroccan authorities took place in the preparation phase during the official sessions of the Venice Commission.

Legal opinions by country

 

Disseminating standards and building capacities

Apart from providing legal opinions on draft legislation the Venice Commission also has engaged in other types of co-operation activities. This variable geometry co-operation is based upon demand and consists of organising or participating in various conferences, seminars and capacity development workshops and engaging in dialogues with the authorities. Activities range from bilateral to regional events which gather several southern Mediterranean partners. Often, the adoption of legal opinions by the Venice Commission could be preceded by meetings, exchange of views or targeted conferences or seminars presenting the European experience in a specific domain. The Venice Commission organises meetings and conferences on a variety of topics such as : independent democratic institutions, preliminary requests to constitutional courts, constitutional control, ombudsmen, participation of women in politics, elections and financing of political campaigns, constitutional justice etc.).

 

Supporting the public administration modernisation in the southern Mediterranean: the UniDem Med campus

Through exchanges and debates between peers from Europe and the Southern Mediterranean, the regional seminars UniDem Med strengthen the legal capacities in areas of good governance, rule of law and fundamental rights of senior civil servants of seven  southern Mediterranean partners (Algeria, Jordan, Lebanon, Mauritania, Morocco, Palestine* and Tunisia). More than 400 senior civil servants from the region have been trained so far on a peer-to-peer basis and the interest towards this regional forum continues to grow. In October 2017 the Venice Commission signed a Memorandum of Understanding with the Ministry of the Reform of the Administration and the Civil Service of the Kingdom of Morocco in order to continue and sustain the project.

List of UniDem Med seminars

 

Rule of law from theory to practice: Intercultural workshops on democracy

The Intercultural workshops on democracy of the Venice Commission gather once a year lawyers, politicians and academics from different Arab countries and their European counterparts. The workshop represents a unique platform for an exchange of best practices between various institutions such as ministries, parliaments, courts constitutional and other jurisdictions in Europe and the Arab world. By combining scientific work and theoretical developments with hands-on practical experience the Intercultural workshops on democracy contribute to strengthening the rule of law in the southern Mediterranean region through a better understanding and better application of the standards of the Venice Commission and the Council of Europe.

List of Intercultural workshops on Democracy

 

Co-operation with regional Ombudsman institutions

The Venice Commission started in 2012 a specific co-operation with the Office of the Mediator of Morocco to support the development of capacities for staff of Ombudsmen members of AOMF (Association of Ombudsmen and Mediators of the Francophonie) and members of AMO (Association of Mediterranean Ombudsmen). Regular training sessions have been organised involving Council of Europe’s expertise on various subjects such as : the role of the Ombudsman in simplifying administrative procedures and access to public services (2013), Self-referral: methods and impact (2014), The means of intervention of ombudsmen and mediators (2014), Strategic planning as a vector of performance for the ombudsman/mediator institutions of the Francophonie (2014), Simplification of administrative proceedings and access to public services (2015), Ombudsmen and the challenges of new information technologies (2015), the Ombudsmen’s role in the protection of the rights of children on the move during their migratory journey (2016), Communication objectives and strategies for the mediation institutions in the times of the “social web” (2016), The deontology of security forces and the rights of migrants during their migratory journey (2017), The rights of detainees in the national territory and of those detained abroad (2018).

 

Co-operation with the Organisation of Arabic Speaking Electoral Management Bodies

The Organisation of Arabic Speaking Electoral Management Bodies is an independent, non-profit regional organisation aiming to support the co-operation between the different electoral bodies in the Arab speaking countries. In June 2015, the Venice Commission participated in the official launching of this regional initiative, which took place in Beirut, Lebanon. The event served to establish the organisation and propose strategies for regional co-operation in the electoral field in the Arab world. On 24 October 2015, at the 104th Plenary Session (23-24 October 2015), the Venice Commission and the Organization of Arabic Speaking Electoral Management Bodies signed a Memorandum of Understanding, which sets out the terms and conditions for co-operation.  The Venice Commission provided support in the organisation of the 2nd General assembly of the Organisation of the Electoral Management Bodies of Arab countries, in partnership with the United Nations Development Programme (UNDP) and the Independent High Electoral Commission of Tunisia. The event took place in February 2017 in Tunisia and focused on the independence of electoral administrations.

 

Legal advice in election observation

Based on its well recognised legal expertise in the field of election observation, the Venice Commission has observed along with other Council of Europe’s bodies and international organisations the parliamentary elections in Tunisia, namely in October 2014 as well as the presidential Elections on 23 November 2014.

 

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