European Commission For Democracy Through Law

This volume includes the reports presented at the seminar on "European standards of electoral law in contemporary constitutionalism" organised by the Venice Commission in co-operation with the Constitutional Court of the Republic of Bulgaria in Sofia (Bulgaria), on 28 and 29 May 2004. Electoral law and co-operation with constitutional courts and courts of equivalent jurisdiction have been two of the main areas of the activities of the Venice Commission since its creation in 1990. The reports cover such fundamental issues as the advantages and shortcomings of different electoral systems, the case law of higher national courts on electoral disputes, the participation of foreigners in the electoral process at the local level, the electoral rights of individuals having the citizenship of other European countries and the possible development of electoral law within the European Union.

This publication contains the reports presented at the UniDem Seminar in Skopje. Foreign policy unquestionably serves the national interest in the broadest sense but nowadays it is no longer left entirely to discretion of governments. The legal foundation of foreign policy are made up both of rules of international law and rules of domestic law, whilst remaining an under-regulated area of democracy and of the law. The seminar in Skopje was an initiative which permitted an exchange of views on this subject between representatives of different countries.

The European Commission for Democracy through Law, or Venice Commission, is the Council of Europe's advisory body on constitutional matters. It gives legal opinions on the development and operation of democratic institutions and constitutional law. The Venice Commission's work is aimed at upholding the three underlying principles of Europe's constitutional heritage: democracy, human rights and the rule of law. Since its inception, the Venice Commission has been particularly active in the field of elections, the cornerstone of democracy. This book is a compilation of the main Venice Commission texts dealing in general terms with elections and referendums. First come the reference documents: the Code of Good Practice in Electoral Matters and the Code of Good Practice on Referendums. These are followed by a judicious selection of general studies on such fundamental topics as recurrent challenges and problematic issues in electoral law in Europe, election systems, the representation of national minorities on elected bodies - through the application of general rules and specific measures - and a comparison of the legal rules on referendums in European states. This book is intended not only for election specialists (members of electoral commissions, academics etc) but also for observers, politicians and, more generally, any member of the electorate.

This publication contains a set of guidelines for good practice in the conduct of elections, based on Europe's electoral heritage, as well as an explanatory report which explains the key principles on which they are based. The guidelines and report were adopted in 2002 by the Council for Democratic Elections and by the European Commission for Democracy through Law (also known as the Venice Commission); and approved in 2003 by the Parliamentary Assembly of the Council Europe and by the Congress of Local and Regional Authorities in Europe.

This publication contains six reports presented at a seminar organised by the Venice Commission, within the framework of the Romanian Presidency of the Committee of Ministers of the Council of Europe, held in February 2006. Going beyond simply avoiding irregularities during the vote or the counting of ballots, these papers discuss key issues involved in order for an election or referendum process to be considered truly democratic, including respect for fundamental rights, particularly freedom of expression, assembly and association; equal access to the media; financing of electoral campaigns and political parties.

This publication contains the papers presented at the UniDem seminar held in Warsaw, 19-20 November 2004. A decade and a half after the democratic transition in the countries of central and eastern Europe, the European Commission for Democracy through Law (Venice Commission) marked its fifteen years of existence by looking back over this period of institutional upheaval. The Warsaw seminar, which inaugurated the work of the Polish chairmanship of the Committee of Ministers of the Council of Europe, viewed these fifteen years of change in the light of constitutional practice. Thus, two basic approaches were adopted: the role of the executive in this practice, and the influence of electoral systems in institutional change. The papers and discussions in Warsaw brought together specialists from very different backgrounds. Marking a convergence between constitutional law and electoral law, this conference retraced fifteen years over which the outlines of powers have gradually taken shape. Depending on the state, the executive has moved towards a presidential, semi-presidential, or parliamentary form of government, with a trend towards the latter two. During this period, electoral systems underwent major changes, sometimes dictated by general interest and sometimes responding to partisan demands. In all institutions the electoral systems have kept pace with constitutional practice and change, and have thus led progressively towards honest and genuine choices for citizens

The present collection of essays offers the reader a broad range of original perspectives on democracy and the rule of law in the European Union, approaching the existing policy area from new points of view. Leading experts from different countries and backgrounds focus on how democracy and the rule of law are related to topics like security, pension rights, judicial cooperation and human rights protection. Their expert views are based on a combination of theory and knowledge acquired in their practice as academics or practitioners in the field of European integration.. The issue of the rule of law and democracy is close to the heart of Professor Jaap de Zwaan, a true European, building bridges between countries and peoples. He has written extensively on the subject of European integration. Therefore, this collection of expert views is not only an original and valuable contribution to the literature and discussion on the development and enlargement of the European Union, but at the same time it is a tribute to Jaap de Zwaan, whose academic and diplomatic career can be characterized as always serving “an ever closer Union”. Flora Goudappel is Jean Monnet Professor of EU Trade Law in the Overseas Territories at the Erasmus University Rotterdam and a consultant on European Union law Ernst Hirsch Ballin is Professor of Dutch and European Constitutional Law at Tilburg University and Professor of Human Rights Law at the University of Amsterdam.