European Commission for Democracy through Law's Books

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.

Herzegovina: by Mr Joseph MARKO

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.

Mr Nikolai V. VITROUK.

What role do the people play in defining and developing human rights?This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford.The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?

On cover: Collection: Science and technique of democracy

On cover & title page:European Commission for Democracy through Law

On cover: Collection: Science and technique of democracy

EU enlargement and the accession of the candidate states will involve major constitutional changes. This publication contains the reports presented at a seminar organised by the European Commission for Democracy through Law, held in November 2001. It examines the constitutional challenges which the candidate states face and the EU's approach to them; and also includes a study of Turkey's relationship with the EU and the implications for Turkish constitutional law.

Functioning of the court

Europe: by Krzysztof WOJTOWICZ.

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 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

On cover & title page: Collection

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.

On cover & title page:European Commission for Democracy through Law

This publication aims to make the Venice Commission's work in the field of protection of minorities more available to the public. It includes, on the one hand, the Proposal for a European Convention on the protection of minorities, as a reply to the heartfelt need for protection of minorities at the European level. The proposal and its explanatory report appear in the first chapter of the publication. This publication includes, in addition, firstly the report on the protection of minorities at domestic law level which was drawn up within the framework of the Venice Commission and secondly the report concerning the special protection of which minorities can take advantage in States with a Federal or Regional structure. The report in question was established on the basis of replies provided by representatives of several European and non-European States to a questionnaire drawn up by the Commission; the questionnaire, together with the replies, appears in an Appendix to the report. Perusal of the replies given by representatives of different States to the same question allows for a rapid appraisal of the solutions adopted in national laws to identical problems of protection of minorities. The European Commission for Democracy through Law considers the question of the protection of minorities to be one of the most important fields of its activity. (Adapted from.

In a continent where a majority of states are members of the European Union, the supremacy of law can no longer be understood without respect for the supremacy of supranational law. The implementation of this basic principle, deriving from the European Community legal order, from a constitutional point of view poses problems which have not been resolved in a uniform manner. This volume contains seventeen reports which demonstrate how these issues have been dealt with by different legal Systems in Europe.

Mutual understanding and acceptance is perhaps the main challenge of modern society. Diversity is undoubtedly an asset, but cohabiting with people of different backgrounds and ideals calls for a new ethic of responsible intercultural relations, in Europe and in the World. This book tries to answer a series of pertinent and poignant questions arising from these issues, such as whether it is still possible to criticise ideas when this may be considered hurtful to certain religious feelings; whether society is hostage to the excessive sensitivity of certain individuals; or what legal responses there may be to these phenomena, and whether criminal law is the only answer.

This report contains a number of papers which examine the national laws of European countries regarding the treatment and protection of people belonging to national minorities who live in states outside the borders of their country of origin. This study was undertaken in order to establish whether such laws are compatible with the principles of international law and Council of Europe standards, following the adoption by Hungary in 2001 of an Act which provides benefits and assistance to those of Hungarian origin or identity who live in neighbouring countries.

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 compilation presents an up-to-date inventory of the existing legislation of 47 states, a guide to the relevant case law of the European Court of Human Rights and its own assessment of and its far-reaching conclusions as to what would effectively remedy breaches of the reasonable length requirement.

On cover: Collection: Science and technique of democracy

This publication contains the reports presented at the seminar entitled "Supervising Processes", organised in Madrid on 24 and 25 April 2009 by the European Commission for Democracy through Law (Venice Commission) in co-operation with the Centre for Political and Constitutional Studies (CEPC). This was the first UniDem (Universities for Democracy) seminar which compared the legal situation in Europe with that of the United States and Latin America. The aim of the seminar was to study the ways of making electoral legislation effective. It addressed electoral disputes from a procedural as well as from a substantive point of view. It also demonstrated the different approaches taken in Europe, where disputes are generally dealt with by constitutional or ordinary courts, and Latin America, where specialised courts have been established. The seminar dealt with the role of international judicial instances, such as the European Court of Human Rights and the Inter-American Court of Human Rights, in guaranteeing the quality of the electoral process, as well as with the control of electoral campaign financing.

The "European Yearbook of Minority Issues" provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe. "Part I" contains scholarly articles and, in 2002/3, features two special focus sections ('Belgium' and 'New Minorities'), accompanied by a miscellaneous articles section. "Part II" reviews the implementation of minority legislation and international standards at the universal and regional levels as well as new developments in relation to them and contains a list of international norms. Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook will be an indispensable reference tool for libraries, research institutes as well as governments and international organisations.

BY MR CHRISTOS GIAKOUMOPOULOS

Book's by European Commission for Democracy through Law

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