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Venice Commission
The Venice Commission (French: Commission de Venise, officially titled European Commission for Democracy through Law) is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin Wall, at a time of urgent need for constitutional assistance in Central and Eastern Europe.
The idea to create a Commission for Democracy through Law as a group of experts in constitutional law was conceived by the then Minister for Community Policies of Italy, Antonio Mario La Pergola. The election of the name was based on the theory of La Pergola that expressed that sustainable democracies could only be built in a constitutional framework based on the rule of law.
The formal proposal for the creation of the commission was made by the Italian Minister of Foreign Affairs, Gianni De Michelis, who invited the other Foreign Affairs ministers of the Council of Europe to the Conference for the Creation of the European Commission for Democracy through Law that was held at the Giorgio Cini Foundation in San Giorgio Maggiore, Venice from 31 March to 1 April 1989. At this meeting, Foreign Affairs and Justice ministers reunited with representatives of the Constitutional Courts of the 21 countries of the Council of Europe.
The committee of ministers, seeking to assist the countries of Central and Eastern Europe, approved the creation of the Commission as a partial agreement at the session in Venice from 19 to 20 January 1990. The Foreign Affairs and Justice Ministers of Bulgaria, Czechoslovakia, Hungary, Poland, the German Democratic Republic, Romania, the Soviet Union and SFR Yugoslavia also participated as observers in this meeting.
On 10 May 1990 ministers from 18 countries (Austria, Belgium, Cyprus, Denmark, Finland, France, Greece, Ireland, Italy, Luxembourg, Malta, Norway, Portugal, San Marino, Spain, Sweden, Switzerland and Turkey) of the Council of Europe adopted the statute of the Commission.
Starting with 18 member states, soon all member states of the Council of Europe joined the Venice Commission and since 2002 non-European states can also become full members. As of 2023, the Commission counts 61 member states – the 46 member states of the Council of Europe and 15 other countries. There are four observers. The Palestinian National Authority and South Africa have a special co-operation status. The EU, OSCE/ODIHR, and OAS (Organization of American States) participate in the plenary sessions of the Commission.
The members are "senior academics, particularly in the fields of constitutional or international law, supreme or constitutional court judges or members of national parliaments". Acting on the Commission in their individual capacity, the members are appointed for four years by the participating countries. The current and former members include, amongst other notable academics and judges:
Antonio Mario La Pergola was the first President of the Venice Commission. Jan Erik Helgesen, a professor at the University of Oslo, was president of the Commission for several years, through to 2009, later becoming 1st Vice-President. From December 2009 to December 2021, Gianni Buquicchio held the presidency. Claire Bazy-Malaurie has been president since December 2021.
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Venice Commission
The Venice Commission (French: Commission de Venise, officially titled European Commission for Democracy through Law) is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin Wall, at a time of urgent need for constitutional assistance in Central and Eastern Europe.
The idea to create a Commission for Democracy through Law as a group of experts in constitutional law was conceived by the then Minister for Community Policies of Italy, Antonio Mario La Pergola. The election of the name was based on the theory of La Pergola that expressed that sustainable democracies could only be built in a constitutional framework based on the rule of law.
The formal proposal for the creation of the commission was made by the Italian Minister of Foreign Affairs, Gianni De Michelis, who invited the other Foreign Affairs ministers of the Council of Europe to the Conference for the Creation of the European Commission for Democracy through Law that was held at the Giorgio Cini Foundation in San Giorgio Maggiore, Venice from 31 March to 1 April 1989. At this meeting, Foreign Affairs and Justice ministers reunited with representatives of the Constitutional Courts of the 21 countries of the Council of Europe.
The committee of ministers, seeking to assist the countries of Central and Eastern Europe, approved the creation of the Commission as a partial agreement at the session in Venice from 19 to 20 January 1990. The Foreign Affairs and Justice Ministers of Bulgaria, Czechoslovakia, Hungary, Poland, the German Democratic Republic, Romania, the Soviet Union and SFR Yugoslavia also participated as observers in this meeting.
On 10 May 1990 ministers from 18 countries (Austria, Belgium, Cyprus, Denmark, Finland, France, Greece, Ireland, Italy, Luxembourg, Malta, Norway, Portugal, San Marino, Spain, Sweden, Switzerland and Turkey) of the Council of Europe adopted the statute of the Commission.
Starting with 18 member states, soon all member states of the Council of Europe joined the Venice Commission and since 2002 non-European states can also become full members. As of 2023, the Commission counts 61 member states – the 46 member states of the Council of Europe and 15 other countries. There are four observers. The Palestinian National Authority and South Africa have a special co-operation status. The EU, OSCE/ODIHR, and OAS (Organization of American States) participate in the plenary sessions of the Commission.
The members are "senior academics, particularly in the fields of constitutional or international law, supreme or constitutional court judges or members of national parliaments". Acting on the Commission in their individual capacity, the members are appointed for four years by the participating countries. The current and former members include, amongst other notable academics and judges:
Antonio Mario La Pergola was the first President of the Venice Commission. Jan Erik Helgesen, a professor at the University of Oslo, was president of the Commission for several years, through to 2009, later becoming 1st Vice-President. From December 2009 to December 2021, Gianni Buquicchio held the presidency. Claire Bazy-Malaurie has been president since December 2021.