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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:

  1. EUROPEAN PARLIAMENT

  2. EUROPEAN COMMISSION

  3. EUROPEAN COUNCIL OF MINISTERS

  4. European Union External Action

  5. EEAS Delegations

 

1. EUROPEAN PARLIAMENT

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 more than 160 documents. 
 

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.
 

The references to Venice Commission, in the years 2016 – 2020, are the following:

General issues:

 

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

  • EP Recommendation of 30 May 2018 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on Libya (2018/2017(INI))

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 – Jan 2021 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 references to Venice Commission documents made by the European Commission during the years 2010 – Jan 2021 include the following:

 

General issues:


*     *     *
 

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


Country-specific issues:

Albania

 

Armenia

 

Azerbaijan

 

Bosnia and Herzegovina

 

Bulgaria


Georgia

Kosovo

Republic of Moldova

 

Montenegro

Republic of North Macedonia

Poland

Romania

 

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 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:

4.       EU EXTERNAL ACTION

 

5.    EEAS Delegations:

Albania:

Armenia:

Belarus:

Georgia:

Kazakhstan:

Moldova:

Ukraine:

 

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“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

 

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