The Commission made public today an Urgent joint amicus curiae brief on the postponement of the parliamentary elections motivated by a constitutional reform. The Urgent brief was prepared upon the request by the Constitutional Chamber of the Supreme Court of Kyrgyzstan of 4 November 2020, where the Constitutional Chamber put four questions to the Venice Commission.
In its amicus curiae brief, the Venice Commission notes that although national practice in the field of postponement of elections by the outgoing parliament is lacking, there are, nevertheless, several benchmarks which have to be followed in order to ensure the respect of international principles and best democratic practices.
The Commission clearly states that when the mandate of parliament is prolonged beyond the constitutional duration because the elections are postponed, parliament has only diminished powers and does not have the legitimacy to carry out constitutional reforms. At any rate any constitutional and legislative amendment must respect the procedure and timeframe set out in the constitution and the law.