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Highlights of the June 2015 session

At its 103d session held on 19-20 June 2015 in Venice, the Commission:  

-         Adopted opinions on :

o    the non ultra petita rule in criminal cases - the amicus curiae brief for the Constitutional Court of Georgia;
o   
media legislation of Hungary;
o   
the citizen's bill on the regulation of public participation, citizens' bills, referendums and popular initiatives and amendments to the provincial electoral law of the Autonomous Province of Trento, Italy;
o   
the amendments to the Constitution of Kyrgyzstan - the joint opinion by the Venice Commission and the OSCE/ODIHR;
o   
the Law on the People's Advocate of the Republic of Moldova;
o   
the Draft law on introducing changes to the Constitution of Ukraine on the immunity of Members of Parliament and judges;
o   
the Law on Government Cleansing ("Lustration Law") of Ukraine,  as would result from the amendments submitted to the Verkhovna Rada on 21 April 2015 - the final opinion;

 

-         Adopted a declaration on interference with judicial independence in Turkey; 

-         Adopted the reports on:

o   restrictions on freedom of expression and freedom of association of judges, following a request by the Inter-American Court of Human Rights;

o   the method of nomination of candidates within political parties previously adopted by the Council for Democratic Elections on 18 June 2015;

o   the preliminary report on exclusion of offenders from Parliament, following a request for assistance by the ad hoc committee of the parliament of Albania;

-         Held an exchange of views with:

o   Mr László Trócsányi, Minister of Justice of Hungary;
o  
Ms Natalia Nikitenko, Chair of the Committee on Human Rights, Constitutional Legislation and State Structure of the parliament of Kyrgyzstan;
o  
Mr Mihail Cotorobai, People’s Advocate of the Republic of Moldova;
o  
Mr Volodymyr Groysman, Speaker of the Parliament of Ukraine and President of the Constitutional Commission, and with Mr Oleksiy Filatov, Deputy Head of the Presidential Administration, Secretary of the Constitutional Commission of Ukraine, on progress in the constitutional reform relating to decentralisation and the judiciary and, having been  requested by the Speaker to prepare an urgent opinion on the recently prepared draft amendments relating to decentralisation, authorised the rapporteurs to send a preliminary opinion on these or any other amendments to the Ukrainian authorities before its adoption at the October session;
o  
Mr Pavlo Petrenko, Minister of Justice of Ukraine,
o  
representatives of the Committee of Ministers, of the Parliamentary Assembly and of the Congress of Local and Regional Authorities of the Council of Europe;

-         Endorsed :

o   the compilations of Venice Commission opinions and
o  
reports concerning constitutional justice and prosecutors, submitted by the Scientific Council;

-         Was informed on follow up to: 

o    the Amicus Curiae Brief for the Constitutional Court of Moldova on certain provisions of the law on professional integrity testing;

o    the Joint Opinion on the draft Law on the Prosecution Service of the Republic of Moldova;

o    the Joint Opinion on the draft election code of Georgia;

o    the Joint Opinion on draft amendments to the Law on the financing of political activities of Serbia; and

o    the opinion on the procedure for appointing judges to the Constitutional Court in times of the presidential transition in the Slovak Republic;

-         Was informed on:  

o    the request by the Armenian Ombudsman for an opinion on the draft amendments to the Ombudsman law of Armenia;

o    the request for an opinion on the draft amendments to the law on the prosecution service in Georgia and authorised the rapporteurs to send their preliminary opinion on these draft amendments to the Georgian authorities before its adoption at the October session; a meeting of the rapporteurs with representatives of the Georgian authorities, opposition and civil society was held in Venice on 20 June in parallel to the session;

o    the recent co-operation with the authorities of Tunisia in the preparation of the law on the High Council of Justice and the law on the Constitutional Court of Tunisia;

o    the adoption in first reading of the new draft law on local elections of Ukraine, by the Speaker of Parliament of Ukraine;

-         Was informed on progress in

o    the preparation of amendments to the constitution of Armenia and authorised the rapporteurs to send their preliminary opinion on these draft amendments to the Armenian authorities before its adoption at the October session;

o    the preparation of the Rule of Law Checklist;

o    the work on the draft opinions on the Criminal Code provisions on hate crimes of Peru and on the anti-discrimination legislation of Peru;

o    the constitutional reform in Georgia;

o    the preparation of the opinion on Law N°5651 on the Internet and Articles 216, 301 and 314 of the Penal Code of Turkey, at the request of the Parliamentary Assembly of the Council of Europe;

o    developments with respect to the Human Rights Act in the United Kingdom, decided to launch a reflection on the European phenomenon of political questioning of the current human rights adjudication framework and to hold a conference on this topic in Norway in co-operation with the Oslo Centre on Human Rights;

-         Was informed on

o    the launching of an Organisation of Arabic Speaking Electoral Management Bodies;

o    the Oxford University Science of Constitutions Programme;

o    the recent work of the Gender Equality Commission;

o    the results and conclusions of the meeting of the Council for Democratic Elections held on 18 June 2015;

o    the meeting of the Joint Council on Constitutional Justice, held in Bucharest on 11-12 June 2015;

o    the preparations for the meeting of the Conference of European Constitutional Courts to be held in Batumi, Georgia, in 2017;

-         Confirmed the dates of the next 2015 plenary sessions as follows:

o    23-24 October 2015;
o   
18-19 December 2015;  

-         Fixed the dates for the 2016 sessions as follows:

o    11-12 March 2016;
o   
10-11 June 2016;
o   
14-15 October 2016;
o   
9-10 December 2016.