II. References to the work of the Venice Commission
by the European Union
|
 
|
|
“We also see our work with Council of Europe bodies such as the Venice Commission and GRECO as essential to reinforcing the rule of law and the fight against corruption both within the EU and in our neighbourhood.”
Ursula von der Leyen, President of the European Commission, in her letter to the Secretary General of the Council of Europe Marija Pejčinović Burić.
17 February 2020
|
On this page:
-
EUROPEAN PARLIAMENT
-
EUROPEAN COMMISSION
-
EUROPEAN COUNCIL OF MINISTERS
-
European Union External Action
-
EEAS Delegations
The European Parliament has credited Venice Commission’s advisory competencies and called for close cooperation with it on various issues (elections, democratic institutions, fundamental rights, etc.) in some 200 documents.
In 2022 the EP referred to the Commission’s documents in its work on the common foreign and security policy, on the new EU strategy for enlargement; on the proposal regarding elections of the MEPs by direct universal suffrage; on the Commission’s Rule of Law 2021 report; on civil society in Europe in general and on a statute for European cross-border associations and non-profit organisations in particular; on the application of Union law in relation to the use of Pegasus and equivalent surveillance spyware, on foreign interference in all democratic processes in the EU, including disinformation; and on the EU Action plan for social economy and common European action on care. Several EP Committees referred to Venice Commission texts concerning Albania, Bosnia and Herzegovina, Georgia, Hungary, Kosovo, Malta, Moldova, Montenegro, North Macedonia, Poland, Serbia, Türkiye.
In its Resolution of 19 May 2022, apart from calling on the EU member States, when they seek to adapt the functioning of the councils of the judiciary, to “systematically ask the opinion of the Venice Commission”, the EP requested an Opinion of the Venice Commission on the “Key principles of democracy in Union governance, in particular the separation of powers, accountability and checks and balances”.
In 2021 the European Parliament called to use the Rule of Law Checklist as a tool of analysis of the rule of law situation in the member States in its Reports on the European Commission’s 2020 Rule of Law and on the creation of Guidelines for the application of the general regime of conditionality for the protection of the Union budget. Equally, in its Report on the Commission’s 2020 Rule of Law the EP mentioned the Interim Report on the measures taken in the EU Member States as a result of the COVID-19 crisis and their impact on democracy, the rule of law and fundamental rights and called to involve inter alia the Venice Commission in “a panel of independent experts …, in order to help identify the main positive and negative developments in each Member State”. The Opinion on the 2020 constitutional amendments was referred to by the EP while addressing the EU-Russia political relations.
Previous documents containing references to Venice Commission's work (2016 – 2020) include:
General issues:
- Resolution of 26 November 2020 on the situation of Fundamental Rights in the European Union - Annual Report for the years 2018 - 2019 (2019/2199(INI))
- Resolution of 26 November 2020 on stocktaking of European elections (2020/2088(INI)
- Resolution of 25 November 2020 on the foreign policy consequences of the COVID-19 outbreak (2020/2111(INI))
- Resolution of 13 November 2020 on the impact of COVID-19 measures on democracy, the rule of law and fundamental rights (2020/2790(RSP))
- Resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (2020/2072(INI))
- Recommendation of 19 June 2020 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the Western Balkans, following the 2020 summit (2019/2210(INI))
- Resolution of 28 November 2019 on the EU’s Accession to the Istanbul Convention and other measures to combat gender-based violence (2019/2855(RSP))
- Resolution of 12 February 2019 on the implementation of the Treaty provisions related to EU citizenship (2017/2111(INI))
- Resolution of 12 February 2019 on the implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework (2017/2089(INI))
- Resolution of 16 January 2019 on the situation of fundamental rights in the European Union in 2017 (2018/2103(INI))
- Resolution of 28 March 2019 on the situation of the rule of law and the fight against corruption in the EU, specifically in Malta and Slovakia (2018/2965(RSP))
- Resolution of 14 November 2018 on the need for a comprehensive EU mechanism for the protection of democracy, the rule of law and fundamental rights (2018/2886(RSP))
- Resolution of 3 May 2018 on media pluralism and media freedom in the European Union (2017/2209(INI))
- Resolution of 19 April 2018 on the need to establish a European Values Instrument to support civil society organisations which promote fundamental values within the European Union at local and national level (2018/2619(RSP))
- Resolution of 1 March 2018 on the situation of fundamental rights in the EU in 2016 (2017/2125(INI))
- Report on the composition of the European Parliament (2017/2054(INL)), 26 January 2018
- Resolution of 15 November 2017 on Eastern Partnership: November 2017 Summit (2017/2130(INI))
- Report containing a motion for a non-legislative resolution on the draft Council decision on the conclusion, on behalf of the Union, of the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part (2017/2035(INI)), 26 October 2017
- Report on a European Parliament recommendation to the Council, the Commission and the EEAS on the Eastern Partnership, in the run-up to the November 2017 Summit (2017/2130(INI)), 16 October 2017
- Resolution of 13 December 2016 on the situation of fundamental rights in the European Union in 2015 (2016/2009(INI))
- Report on the Annual Report on human rights and democracy in the world and the European Union’s policy on the matter 2015 (2016/2219(INI)), 28 November 2016
- Report on the situation of fundamental rights in the European Union in 2015 (2016/2009(INI)), 24 November 2016
- Report with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (2015/2254(INL)), 10 October 2016
- An EU mechanism on democracy, the rule of law and fundamental rights: Interim European Added Value Assessment accompanying the Legislative initiative Report (April 2016)
- Fact Sheet: Eastern Partners (March 2016)
- WORKING DOCUMENT on Establishment of an EU mechanism on democracy, the rule of law and fundamental rights - Scoreboard on Democracy, Rule of Law and Fundamental rights, 09 February 2016
Country-specific issues:
Albania
Azerbaijan
Belarus
- Recommendation of 21 October 2020 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on relations with Belarus (2020/2081(INI))
- Resolution of 19 April 2018 on Belarus (2018/2661(RSP))
Bosnia and Herzegovina
Bulgaria
- The rule of law and fundamental rights in Bulgaria, European Parliament resolution of 8 October 2020 on the rule of law and fundamental rights in Bulgaria (2020/2793(RSP))
Georgia
- Resolution of 16 September 2020 on the implementation of the EU Association Agreement with Georgia (2019/2200(INI))
- Resolution of 26 October 2012 on the elections in Georgia (2012/2816(RSP))
Hungary
- Resolution of 16 January 2020 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary (2020/2513(RSP))
- Resolution of 12 September 2018 on a proposal calling on the Council to determine, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded (2017/2131(INL))
- Resolution of 3 July 2013 on the situation of fundamental rights: standards and practices in Hungary (pursuant to the European Parliament resolution of 16 February 2012 (2012/2130(INI))
- Resolution of 16 February 2012 on the recent political developments in Hungary (2012/2511(RSP))
- Resolution of 5 July 2011 on the Revised Hungarian Constitution
Iceland
Kazakhstan
Kosovo
- Resolution of 29 November 2018 on the 2018 Commission Report on Kosovo (2018/2149(INI))
- Report on the 2016 Commission Report on Kosovo (2016/2314(INI)), 09 March 2017
- European Parliament resolution of 4 February 2016 on the 2015 Report on Kosovo (2015/2893(RSP)
- Resolution of 16 January 2014 on the European integration process of Kosovo (2013/2881(RSP))
Kyrgyzstan
Libya
Moldova
Montenegro
Poland
- Resolution of 26 November 2020 on the de facto ban on the right to abortion in Poland (2020/2876(RSP))
- Resolution of 16 January 2020 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary (2020/2513(RSP))
- European Parliament resolution of 17 September 2020 on the proposal for a Council decision on the determination of a clear risk of a serious breach by the Republic of Poland of the rule of law (COM(2017)0835 – 2017/0360R(NLE))
- Resolution of 15 November 2017 on The situation of the rule of law and democracy in Poland (2017/2931(RSP))
- Recent developments in Poland and their impact on fundamental rights as laid down in the Charter of Fundamental Rights of the European Union - European Parliament resolution of 14 September 2016 (P8_TA-PROV(2016)0344)
- European Parliament resolution of 13 April 2016 on the situation in Poland (2015/3031(RSP))
- Parliamentary Immunity in Poland ( September 2015)
Romania
Russia
Serbia
Republic of North Macedonia
Tunisia:
Türkiye
Ukraine
2. EUROPEAN COMMISSION
In the years 2010 – 2022 more than 200 European Commission documents (reports, communications to the European Parliament and other documents) mention Venice Commission studies/opinions concerning various countries. Compliance with Venice Commission recommendations is thoroughly assessed in the European Commission progress reports on Eastern Partnership countries as well as in other relevant documents.
The 2022 Rule of Law Report of the European Commission of 13 July 2022 contains concrete recommendations to Croatia, Cyprus, Malta and Romania to follow up on the Venice Commission’s opinions. In addition, country reports on the rule of law situation in Austria, Bulgaria, Czechia, Germany, Greece, Hungary, Ireland, Lithuania, Luxemburg, the Netherlands, Poland, Portugal, Slovakia, Spain and Sweden also refer to the work of the Venice Commission. The European Commission’s 2022 Country Reports and other documents on Albania, Bosnia and Herzegovina, Georgia Kosovo, North Macedonia, Moldova, Romania, Serbia, Türkiye and Ukraine also contain references to the Commission’s recommendations/Opinions.
The DG NEAR Guidelines for EU support to civil society in the enlargement region 2021- 2027 refer to the OSCE/ODIHR-Venice Commission Guidelines on Freedom of Association CDL-AD(2014)046.
The European Commission’s President, Ms Ursula von der Leyen, in her statement on the Commission's opinions on the EU membership applications by Ukraine, Moldova and Georgia and in her address to the Ukrainian Parliament following the European Council decision granting Ukraine candidate status referred to the opinions of the Venice Commission. The High Representative/Vice-President Josep Borrell in his statement on the constitutional referendum in Belarus referred to the Interim Urgent opinion of the Commission on the issue CDL-AD(2022)008.
The references to Venice Commission documents made by the European Commission during the years 2010 – 2020 include the following:
General issues:
- Commission Staff Working Document, Accompanying 2019 Annual Report on the Implementation of the European Union’s instruments for financing external actions in 2018, 26.11.2019
- Communication to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions Strengthening the Rule of Law within the Union - A Blueprint for Action (Brussels, 17 July 2019) COM (2019) 343 Final
- Communication to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions 2019 Communication on EU Enlargement Policy (Brussels, 29 May 2019) COM (2019) 260 Final.
- Communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Securing Free and Fair Elections (Brussels, 12 September 2018) 637 Final
- Joint Report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Report on the Implementation of the European Neighbourhood Policy Reviews (Brussels, 18 May 2017) JOIN (2017) 18 Final
- Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions (Brussels, 12.9.2018 COM(2018) 637 final)
- Report from the Commission to the European Parliament and the Council – First Report under the Visa Suspension Mechanism (Brussels, 20.12.2017 COM(2017) 815 final)
- Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – 2016 Report on the Application of the EU Charter of Fundamental Rights (Brussels, 18.5.2017, COM(2017) 239 final)
- Joint Staff WORKING DOCUMENT: “The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') Covering the Period 2014–2015, 28.01.2016
- A new EU Framework to strengthen the Rule of Law - Communication from the Commission to the Council and the European Parliament(Strasbourg, 11.3.2014, COM(2014) 158 final)
- Enlargement Strategy and Main Challenges 2013-2014 - Communication from the Commission to the Council and the European Parliament (Brussels, 16.10.2013 COM(2013) 700 final)
* * *
Didier Reynders, EU Commissaire for Justice, 16 September 2021 (on twitter):
“Today, I paid a visit to @coe to exchange with Secretary General
@MarijaPBuric and @VeniceComm Director Granata, on democracy and fundamental rights.
I also expressed my gratitude to @coe for their significant and invaluable support
in the preparation of the #RuleOfLaw report.”
https://twitter.com/dreynders
Vera Jourovà, Vice-President for Values and Transparency in the EU Commission, 5 October 2020 (on twitter):
“Constitutional reforms should be subject to an inclusive debate,
take the time to be able to reflect a large consensus
and achieve the necessary checks and balances.
A best practice is to seek advice of Venice Commission.”
https://twitter.com/VeraJourova
Previous documents by the European Commission with references to the Venice Commission texts:
Country-specific issues:
Albania
Armenia
Azerbaijan
Bosnia and Herzegovina
Bulgaria
Georgia
Kosovo
Republic of Moldova
Montenegro
Republic of North Macedonia
Poland
Romania
- Report from the Commission to the European Parliament and the Council on Progress in Romania under the Cooperation and Verification Mechanism, 22.10.2019
- Report from the Commission to the European Parliament and the Council on Progress in Romania under the Co-operation and Verification Mechanism, (Brussels, 15.11.2017, COM(2017) 751 final)
- Report from the Commission to the European Parliament and the Council on Progress in Romania under the Co-operation and Verification Mechanism, Brussels, 25.1.2017, {SWD(2017) 25 final}
- Commission Staff WORKING DOCUMENT: Technical Report, 27.01.2016
- Report from the Commission to the Council and the European Parliament on progress in Romania under the Co-operation and Verification Mechanism (Brussels, 30.1.2013, COM(2013) 47 final)
Russian Federation
Serbia
Türkiye
Ukraine
3. EUROPEAN COUNCIL and COUNCIL OF MINISTERS
“In challenging times, the EU has a strong interest in working with the Council of Europe
and in capitalising on its expertise and experience, as illustrated by
the essential advisory role of the Venice Commission. ”
EU priorities for cooperation with the Council of Europe
in 2018-2019, 22 January 2018
In the Joint press statement following the meeting of the EU-Serbia Stabilisation and Association Council of 25 January 2022, the EU representatives Mr Josep Borrell Fontelles and Mr Olivér Várhelyi, noted that the revision of a number of implementing laws, which is an integral part of the constitutional reform, had to be prepared in line with the Venice Commission opinions. In the Political agreement on principles for ensuring a functional Bosnia and Herzegovina that advances on the European path of 12 June 2022, the Council called for full compliance with the Venice Commission recommendations regarding electoral and constitutional reforms. In its Conclusions on enlargement and stabilisation and association process (13 December 2022), the Council called on Albania, North Macedonia and Kosovo to address the (outstanding) recommendations of the Venice Commission.
On 23 June 2022, the European Council decided to grant the status of candidate country to Ukraine and to the Republic of Moldova. Certain conditions on the EU membership applications refer to the opinions of the Venice Commission.
The EU High Representative Josep Borrell in his declaration of 27 July 2022 on Tunisian Declaration on the constitutional referendum referred to the repeated EU and Venice Commission’s calls for dialogue as an important condition for establishing a legislative framework for the parliamentary elections of December 2022.
In 2021 the Stabilisation and Association Council (SA Council) between Albania and the European Union called Albania to follow up on the Venice Commission recommendations as regards future elections in the country. Similarly, the Association Council acknowledged the need to address by Moldova the joint recommendations of the Venice Commission and the OSCE/ODIHR by reviewing the electoral legislation in an inclusive and participatory process. The EU members of the EU-Kyrgyz Republic Cooperation Council stressed the importance that the legislation implementing the new Constitution of Kyrgyzstan follows the 2021 Joint Opinion on the draft constitution. At its 7th meeting, the Association Council (for Ukraine) the EU encouraged Ukraine to implement the recommendations of the Venice Commission regarding the State language law and adopt a national minorities’ law.
Below is a list of documents containing references to the Venice Commission work, adopted prior to 2021:
- Canada-EU Summit Joint Declaration, July 2019
- Enlargement and Stabilisation and Association Process – Council Conclusions, 18 June 2019
- Relations with the Republic of Moldova – Council Conclusions, 26 February 2018
- EU priorities for cooperation with the Council of Europe in 2018-2019, 22 January 2018
- JOINT STAFF WORKING DOCUMENT The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of Armenia covering the period 2016 - 2017 Accompanying the document Report from the Commission to the European Parliament and the Council Report on the Generalised Scheme of Preferences during the period 2016 – 2017, 19 January 2018
- Proposal for a Council Decision on the determination of a clear risk of a serious breach by the Republic of Poland of the rule of law, 22 December 2017
- Report on EU – Azerbaijan relations in the framework of the revised ENP, 20 December 2017
- Council conclusions on the Cooperation and Verification Mechanism, 12 December 2017
- Fourth meeting of the EU-Serbia Stabilisation and Association Council (Brussels, 16 November 2017), 28 November 2017
- Monthly Summary of Council Acts – July and August 2017, 20 November 2017
- Association Implementation Report on Ukraine, 15 November 2017
- Association Implementation Report on Georgia, 10 November 2017
- EU (CATS) - Council of Europe meeting, Strasbourg, 23 October 2017, 09 November 2017
- EU Annual Report on Human Rights and Democracy in the World in 2016, 16 October 2017
- Communication from the Commission to the European Parliament, the Council, the European Economic Social Committee and the Committee of the Regions – 2016 Report on the Application of the EU Charter of Fundamental Rights, 23 May 2017
- Joint Report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Report on the Implementation of the European Neighbourhood Policy Review, 19 May 2017
- Joint statement following the third Association Council meeting between the European Union and the Republic of Moldova, 31 March 2017
- EU Annual Report on Human Rights and Democracy in the World in 2015 – Country and Regional Issues, 20 September 2016
- EU priorities for cooperation with the Council of Europe in 2016-2017, Council of the European Union, 18 January 2016
- Enlargement and Stabilisation and Association process - Council Conclusions, Council of the European Union, 15 December 2015
- Council conclusions on the EU Strategy for Central Asia (June 2015)
- Seventh meeting of the Stabilisation and Association Council between Albania and the EU (judicial reform process, May 2015)
- Foreign Affairs Council condemns the illegal referendum in Crimea, 17/03/2014
4. EU EXTERNAL ACTION
-
Speech by Commissioner Stylianides delivered on behalf of High Representative/Vice-President Federica Mogherini at the European Parliament Plenary debate on the situation in the Republic of Moldova, 03/10/2017
-
Statement by the HR/VP Mogherini and Commissioner Hahn on the amendments to the electoral legislation in the Republic of Moldova, 21/07/2017
-
Statement by the Spokesperson on the Venice Commission and OSCE Office for Democratic Institutions and Human Rights’ Opinion on a draft revision of the electoral legislation of the Republic of Moldova, 19/06/2017
-
Foreign Affairs MEPs back closer EU - South Caucasus ties and encourage reforms, 30/05/2017
-
Europe Day Reception 2017, 11/05/2017
-
Remarks by High-Representative/Vice President Federica Mogherini at the joint press conference with Minister for Foreign Affairs of Malta, Mr George Vella, 28/04/2017
-
Mogherini leads frank ministerial discussions on future relations with Türkiye , 28/04/2017
-
Joint statement by High Representative/Vice-President Federica Mogherini and Commissioner Johannes Hahn on the Venice Commission’s Opinion on the amendments to the Constitution of Türkiye and recent events, 13/03/2017
-
10 Years of the EU - Council of Europe Memorandum of Understanding, 28/11/2016
-
Statement of EU Member States Embassies and EU Delegation to Albania on the amicus curiae brief of Venice Commission, 12/12/2016
-
Statement by the Spokesperson on the arrest of Natiq Jafarli in Azerbaijan, 17/08/2016
-
Joint Statement on the suspension of the Vetting law from the Constitutional Court of Albania, 25/10/2016
-
Parliamentary elections in Belarus 12/09/2016
-
EU Statement – Working Session 6 at the OSCE Human Dimension Implementation Meeting, 02.10.2015
-
EU Statement – Working Session 4 at the OSCE Human Dimension Implementation Meeting, 02.10.2015
-
EU Statement on the elections in Serbia (28.04.2016)
-
Handbook for European Union Election Observation (third edition), 2016
-
Statement by the Spokeperson on the vote on constitutional amendments related to judiciary by the Parliament of Ukraine, 02.02.2016
-
Statement by High Representative/Vice-President Federica Mogherini on the vote on constitutional amendments by the Parliament of Ukraine (31.08.2015)
-
EU Statement – Working Session 15 - OSCE Human Dimension Implementation Meeting Warsaw, 21 September – 2 October 2015 (welcomes cooperation between CDL and OSCE)
5. EEAS Delegations:
Albania:
Armenia:
Belarus:
Georgia:
Kazakhstan:
Moldova:
Ukraine:
S’agissant des réformes que compte engager la Tunisie sur le plan politique et économique, le chef de le délégation de l'UE a appelé les autorités tunisiennes à coopérer avec la Commission de Venise « qui jouit d’une très grande expérience en la matière, mais surtout d’une bonne réputation partout ».
"La Presse.tn" du 14 avril 2022
___________________________________________________________________________________________________________________