CoE logo
Venice Logo

Declaration by the Venice Commission on undue interference in the work of Constitutional Courts in its member States


At its 106th plenary session (Venice, 11-12 March 2016), the Venice Commission had to discuss several cases of undue interference in the work of Constitutional Courts in its member States, a topic which will also be a focus of the 4th Congress of the World Conference on Constitutional Justice (Vilnius, 10-13 September 2017).

A specific opinion, adopted at the 106th plenary session, dealt with amendments to the Law on the Constitutional Tribunal of Poland.

The Venice Commission expresses serious concern over statements made by the President of Turkey who has declared that he will not respect a recent judgment of the Constitutional Court of Turkey and has moreover threatened to abolish this Court. As a Member State of the Council of Europe, Turkey is bound by the Council’s fundamental principles, that of democracy, the protection of human rights and the rule of law. These threats against the Constitutional Court of Turkey are in clear violation of the Council of Europe’s fundamental principles.

Furthermore, the Venice Commission is concerned about problems and delays in appointing judges to the Constitutional Courts of Slovakia and Croatia based on information it has received.

As concerns Georgia, the Commission is concerned about public calls from the executive to terminate the mandate of the President of the Constitutional Court, which risks undermining the authority of this Court.

Watch our anniversary video:

Covid-19 pandemic -
Emergency powers -
 What standards?


During the current Covid-19 pandemic, national governments are taking exceptional measures to slow down the spread of the virus. On numerous occasions, the Venice Commission examined the limits of such emergency powers. The Commission has consistently underlined that State security and public safety can only be effectively guaranteed in a democracy which fully respects the rule of law. Even in genuine cases of emergency situations, the rule of law must prevail.



Follow the Venice Commission on @VeniceComm !


© Council of Europe 2007-2020