Back Kosovo*: Venice Commission recommends greater transparency on draft law on Government

Kosovo*: Venice Commission recommends greater transparency on draft law on Government

The Venice Commission, under the Expertise Co-ordination Mechanism (ECM), as a part of the European Union and Council of Europe joint Horizontal Facility II programme, provided an expert opinion on the draft Law on Government.  The Venice Commission recommends that the draft law should be made more compatible with international standards on democratic law-making underlying that states need to acknowledge the supremacy of the constitution when it prescribes limit on the number of government ministers permitted.

Requested by Kosovo Prime Minister Avdullah Hoti in late October this year, the opinion "fully acknowledges" the aim of the draft Law to limit the number of ministries to both streamline the government and make it more cost effective and to prevent corruption risks. Nevertheless, the Venice Commission recommends that a sufficiently detailed “Explanatory Memorandum” be published alongside all future draft laws so as to satisfy law-making transparency requirements and to facilitate meaningful public and civil society engagement in the legislative process.

The opinion was prepared under the Expertise Co-ordination Mechanism in the framework of the joint European Union/Council of Europe programme “Horizontal Facility for the Western Balkans and Turkey 2019-2022”.

The Expertise Co-ordination Mechanism provides expertise within the Council of Europe system to respond to requests for legislative expertise and policy advice on ensuring justice, fighting economic crime and combating discrimination, as well as freedom of expression and the media, and constitutional issues falling within the mandate of the European Commission for Democracy through Law (known as the Venice Commission). This is done in full respect of the independence and functioning specificities of the Council of Europe monitoring mechanisms and provides a key support to accession processes to the EU.

 

 

* This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence

 

Albania 12 December 2020
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What is the Expertise Co-ordination Mechanism?

The Expertise Co-ordination Mechanism (ECM) provides expertise within the Council of Europe system to respond to requests for legislative expertise and policy advice on strengthening justice, fighting economic crime and combating discrimination, as well as freedom of expression and the media, and constitutional issues falling within the mandate of the European Commission for Democracy through Law (known as the Venice Commission). This is done in full respect of the independence and functioning specificities of the Council of Europe monitoring mechanisms and provides a key support to accession processes to the EU. If there are Horizontal Facility actions in the field of interest in respective Beneficiary, the request for an expert opinion can be accommodated directly by those actions.

 

Who can make a request for an expert opinion under the ECM?

Ministers (and other members of the government), the speaker of parliament, heads of parliamentary committees, Ombudsperson institutions or independent state institutions of the Beneficiary concerned (Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, North Macedonia, Serbia and Türkiye) can make a request for an expert opinion under the ECM.

Furthermore, specifically for issues which fall within the area of competence of the Venice Commission, the European Union as well as Council of Europe organs (i.e. the Secretary General, Committee of Ministers, Parliamentary Assembly and the Congress of Local and Regional Authorities) can also submit requests for ECM assistance.

In addition, requests for amicus curiae briefs by the Venice Commission can also be made by constitutional courts.

*This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence.