Back Venice Commission adopted opinions for Armenia and the Republic of Moldova

Venice Commission adopted opinions for Armenia and the Republic of Moldova

Following the spread of the COVID-19 virus to northern Italy, the Enlarged Bureau of the Venice Commission had decided not to hold the scheduled 20-21 March plenary session in Venice. Instead, only some opinions of those on the agenda have been adopted by written procedure. The preparation of two of these opinions was funded through the Partnership for Good Governance. The opinion, prepared jointly with the Office for Democratic Institutions and Human Rights (OSCE/ODIHR), on draft amendments pertaining to political party regulation of Armenia, welcomed many of the proposals in the draft amendments which, if implemented adequately, can help to further political pluralism in line with international standards on political party regulation. At the same time, the joint opinion recommended certain revisions and improvements of the draft amendments to ensure that political party registration is not too burdensome, internal party processes are not overregulated and loopholes in political party funding are closed.

 

The Venice Commission also adopted a joint opinion, prepared with the Directorate General of Human Rights and Rule of Law (DGI) of the Council of Europe, on a draft law amending and supplementing the Constitution of the Republic of Moldova with respect to the Superior Council of Magistracy. Although the opinion underlines that the amendments are generally in line with the applicable international standards and therefore could improve the independence, accountability and efficiency of the judiciary, the Venice Commission and the DGI express serious concern about the manner in which four lay members of the Superior Council of Magistracy have recently been elected which seems to defeat the proclaimed aim of the legislative amendments of December 2019 to restore the public trust in the Superior Council of Magistracy. They therefore call on the Moldovan authorities to suspend the implementation of the legislative amendments of December 2019 and January 2020 and the nomination of four lay members pending a thorough reform of the constitutional provisions on the SCM. These nominations, according to the opinion, should take place after the adoption of the constitutional amendments, in a procedure which ensures transparency and sufficient safeguards against politicisation.

 

Strasbourg, France 24 March 2020
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