Dokumendiregister | Justiitsministeerium |
Viit | 7-2/5710 |
Registreeritud | 02.07.2025 |
Sünkroonitud | 03.07.2025 |
Liik | Sissetulev kiri |
Funktsioon | 7 EL otsustusprotsessis osalemine ja rahvusvaheline koostöö |
Sari | 7-2 Rahvusvahelise koostöö korraldamisega seotud kirjavahetus (Arhiiviväärtuslik) |
Toimik | 7-2/2025 |
Juurdepääsupiirang | Avalik |
Juurdepääsupiirang | |
Adressaat | EV alaline esindus EL juures |
Saabumis/saatmisviis | EV alaline esindus EL juures |
Vastutaja | Kristiina Krause (Justiits- ja Digiministeerium, Kantsleri vastutusvaldkond, Üldosakond, Kommunikatsiooni ja väliskoostöö talitus) |
Originaal | Ava uues aknas |
This document will not be distributed at the meeting. Please bring this copy.
Ce document ne sera pas distribué en réunion. Prière de vous munir de cet exemplaire.
Strasbourg, 27 February 2002
CDL (2002) 27 Or. Eng.
EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
RESOLUTION RES (2002) 3 ADOPTING
THE REVISED STATUTE OF THE EUROPEAN COMMISSION
FOR DEMOCRACY THROUGH LAW
CDL (2002) 27 - 2 -
784th meeting – 21 February 2002 Appendix 13 (item 10.3) Resolution Res(2002)3 adopting the revised Statute of the European Commission for Democracy through Law (Adopted by the Committee of Ministers on 21 February 2002 at the 784th meeting of the Ministers' Deputies) The Representatives on the Committee of Ministers of the states members of the Partial Agreement establishing the European Commission for Democracy through Law1, Recalling Resolution (90) 6 on a Partial Agreement establishing the European Commission for Democracy through Law; Having regard to the decision taken at the 484bis meeting of the Ministers Deputies in December 1992 to maintain for the future the structure of the Commission as a Partial Agreement of the Council of Europe; Having regard to Statutory Resolution (93) 28 on Partial and Enlarged Agreements; Welcoming the interest expressed by many non member states of the Council of Europe in the work of the Commission and wishing to give to these states the possibility to take part in the work of the Commission on an equal footing; Convinced that the independent character of the Commission and its flexible working methods are the key to its success and have to be safeguarded; Desirous to further develop the Statute of the Commission in the light of the experience acquired, Decide that the European Commission for Democracy through Law shall henceforth be an Enlarged Agreement governed by the provisions of the appended revised Statute which shall enter into force upon adoption of this Resolution.
1 Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.
CDL (2002) 27 - 3 -
Revised Statute of the European Commission for Democracy through Law Article 1 1. The European Commission for Democracy through Law shall be an independent consultative body which co-operates with the member states of the Council of Europe, as well as with interested non-member states and interested international organisations and bodies. Its own specific field of action shall be the guarantees offered by law in the service of democracy. It shall fulfil the following objectives: - strengthening the understanding of the legal systems of the participating states, notably
with a view to bringing these systems closer; - promoting the rule of law and democracy ; - examining the problems raised by the working of democratic institutions and their
reinforcement and development. 2. The Commission shall give priority to work concerning: a. the constitutional, legislative and administrative principles and techniques which serve
the efficiency of democratic institutions and their strengthening, as well as the principle of the rule of law;
b. fundamental rights and freedoms, notably those that involve the participation of
citizens in public life; c. the contribution of local and regional self-government to the enhancement of
democracy. 3. With a view to spreading the fundamental values of the rule of law, human rights and democracy, the Commission encourages the setting up of similar bodies in other regions of the world and may establish links with them and run joint programmes within its field of activity. Article 2 1. The Commission shall be composed of independent experts who have achieved eminence through their experience in democratic institutions or by their contribution to the enhancement of law and political science. The members of the Commission shall serve in their individual capacity and shall not receive or accept any instructions. 2. There shall be one member and one substitute in respect of each member state of the Enlarged Agreement. The member and substitute shall be appointed by the member state concerned and shall have the qualifications required by the first paragraph of this article as well as the capacity and availability to serve on the Commission. 3. Members shall hold office for a four-year term and may be reappointed. During their term of office members may only be replaced if they have tendered their resignation or if the Commission notes that the member concerned is no longer able or qualified to exercise his or her functions.
CDL (2002) 27 - 4 -
4. Representatives of the Committee of Ministers, the Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe and the Giunta of the Regione Veneto may attend the sessions of the Commission. 5. The Committee of Ministers may by the majority stipulated in Article 20.d of the Statute of the Council of Europe invite any non-member state of the Council of Europe to join the Enlarged Agreement. Members appointed by non-member states of the Council of Europe shall not be entitled to vote on questions raised by the statutory bodies of the Council of Europe. 6. The European Community shall be entitled to participate in the work of the Commission. It may become a member of the Commission according to modalities agreed with the Committee of Ministers. 7. The Committee of Ministers may, by the majority stipulated in Article 20.d of the Statute of the Council of Europe, authorise the Commission to invite international organisations or bodies to participate in its work. 8. Any state authorised in the past to participate in the work of the Commission in the capacity of associate member or observer may continue to do so unless it joins the Commission as a member. Observers are invited to the sessions of the Commission depending on the items on the agenda. The rules governing members shall apply mutatis mutandis to associate members and observers. Article 3 1. Without prejudice to the competence of the organs of the Council of Europe, the Commission may carry out research on its own initiative and, where appropriate, may prepare studies and draft guidelines, laws and international agreements. Any proposal of the Commission can be discussed and adopted by the statutory organs of the Council of Europe. 2. The Commission may supply, within its mandate, opinions upon request submitted by the Committee of Ministers, the Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe, the Secretary General, or by a state or international organisation or body participating in the work of the Commission. Where an opinion is requested by a state on a matter regarding another state, the Commission shall inform the state concerned and, unless the two states are in agreement, submit the issue to the Committee of Ministers. 3. Any state which is not a member of the Enlarged Agreement may benefit from the activities of the Commission by making a request to the Committee of Ministers. 4. The Commission co-operates with constitutional courts and courts of equivalent jurisdiction bilaterally and through associations representing these courts. In order to promote this co-operation, the Commission may set up a Joint Council on Constitutional Justice composed of members of the Commission and representatives from co-operating courts and associations. 5. Furthermore, the Commission may establish links with documentation, study and research institutes and centres.
CDL (2002) 27 - 5 -
Article 4 1. The Commission shall elect from among its members a Bureau, composed of the President, three Vice-Presidents and four other members. The term of office of the President, the Vice-Presidents and the other members of the Bureau shall be two years. The President, the Vice-Presidents and the members of the Bureau may be re-elected. 2. The President shall preside over the work of the Commission and shall represent it. One of the Vice-Presidents shall replace the President whenever he or she is unable to take the Chair. 3. The Commission shall meet in plenary session as a rule four times a year. Its Sub- Commissions may meet whenever necessary. 4. The Commission shall establish its procedures and working methods in the Rules of Procedure and shall decide on the publicity to give to its activities. The working languages of the Commission shall be English and French. Article 5 1. Whenever it considers it necessary, the Commission may be assisted by consultants. 2. The Commission may also hold hearings or invite to participate in its work, on a case- by-case basis, any qualified person or non-governmental organisation active in the fields of competence of the Commission and capable of helping the Commission in the fulfilment of its objectives. Article 6 1. Expenditure relating to the implementation of the programme of activities and common secretariat expenditure shall be covered by an Enlarged Agreement budget funded by the member states of the Enlarged Agreement and governed by the financial rules as foreseen for Enlarged Agreement budgets of the Council of Europe, subject to the following modifications: a) the rate of contribution of a non member state of the Council of Europe to the Enlarged Agreement Budget shall be one third of its contribution as calculated in accordance with the rules for Council of Europe member states; however, it shall not be higher than one- third of the contribution by the major contributors; b) the Commission shall propose, after having consulted the member states of the Enlarged Agreement not members of the Council of Europe, its draft annual budget to the Committee of Ministers for adoption. 2. In addition, the Commission may accept voluntary contributions, which shall be paid into a special account opened under the terms of Article 4.2 of the Financial Regulations of the Council of Europe. Other voluntary contributions can be earmarked for specific research. 3. The Regione Veneto shall put a seat at the disposal of the Commission free of charge. Expenditure relating to the local secretariat and the operation of the seat of the Commission
CDL (2002) 27 - 6 -
shall be borne by the Regione Veneto and the Italian Government, under terms to be agreed between these authorities. 4. Travel and subsistence expenses of each member of the Commission shall be borne by the State concerned. If the Commission entrusts members with specific missions, the expenses shall be borne by the budget of the Commission. Article 7 Once a year, the Commission shall present to the Committee of Ministers a report on its activities containing also an outline of its future activities. Article 8 1. The Commission shall be assisted by the Secretariat General of the Council of Europe, which shall also provide a liaison with the staff seconded by the Italian authorities at the seat of the Commission. 2. The staff seconded by the Italian authorities at the seat of the Commission shall not belong to the staff of the Council of Europe. 3. The seat of the Commission shall be based in Venice. Article 9 1. The Committee of Ministers may adopt amendments to this Statute by the majority provided for under Article 20.d of the Statute of the Council of Europe, after consulting the Commission. 2. The Commission may propose amendments to this Statute to the Committee of Ministers, which shall decide by the above-mentioned majority.
Reg. number: 14-6/21
Reg. kuupäev: 24.06.2025
Sisu: Eesti riigi poolt nimetatud liikme Lauri Mälksoo ja asendusliikme Oliver Kaski ametiaeg lõpeb 13. septembril 2025.
Komisjoni sujuva toimimise tagamiseks palutakse teavitada niipea kui võimalik Eesti ametiasutuste otsusest ametisolev liige ja asendusliige uuesti ametisse nimetada või nad asendada ning viimasel juhul edastada uue liikme ja asendusliikme nimi, aadress ja töökeel.
--
Keiu Saral
[email protected]
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*** ATTENTION *** This e-mail and its attachments may contain official information. If you are not the intended recipient, please notify the sender immediately, delete this e-mail and destroy any copies. Any dissemination or use of this information by a person other than the intended recipient is unauthorized and may be unlawful.
This document will not be distributed at the meeting. Please bring this copy.
Ce document ne sera pas distribué en réunion. Prière de vous munir de cet exemplaire.
Strasbourg, 27 February 2002
CDL (2002) 27 Or. Eng.
EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
RESOLUTION RES (2002) 3 ADOPTING
THE REVISED STATUTE OF THE EUROPEAN COMMISSION
FOR DEMOCRACY THROUGH LAW
CDL (2002) 27 - 2 -
784th meeting – 21 February 2002 Appendix 13 (item 10.3) Resolution Res(2002)3 adopting the revised Statute of the European Commission for Democracy through Law (Adopted by the Committee of Ministers on 21 February 2002 at the 784th meeting of the Ministers' Deputies) The Representatives on the Committee of Ministers of the states members of the Partial Agreement establishing the European Commission for Democracy through Law1, Recalling Resolution (90) 6 on a Partial Agreement establishing the European Commission for Democracy through Law; Having regard to the decision taken at the 484bis meeting of the Ministers Deputies in December 1992 to maintain for the future the structure of the Commission as a Partial Agreement of the Council of Europe; Having regard to Statutory Resolution (93) 28 on Partial and Enlarged Agreements; Welcoming the interest expressed by many non member states of the Council of Europe in the work of the Commission and wishing to give to these states the possibility to take part in the work of the Commission on an equal footing; Convinced that the independent character of the Commission and its flexible working methods are the key to its success and have to be safeguarded; Desirous to further develop the Statute of the Commission in the light of the experience acquired, Decide that the European Commission for Democracy through Law shall henceforth be an Enlarged Agreement governed by the provisions of the appended revised Statute which shall enter into force upon adoption of this Resolution.
1 Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.
CDL (2002) 27 - 3 -
Revised Statute of the European Commission for Democracy through Law Article 1 1. The European Commission for Democracy through Law shall be an independent consultative body which co-operates with the member states of the Council of Europe, as well as with interested non-member states and interested international organisations and bodies. Its own specific field of action shall be the guarantees offered by law in the service of democracy. It shall fulfil the following objectives: - strengthening the understanding of the legal systems of the participating states, notably
with a view to bringing these systems closer; - promoting the rule of law and democracy ; - examining the problems raised by the working of democratic institutions and their
reinforcement and development. 2. The Commission shall give priority to work concerning: a. the constitutional, legislative and administrative principles and techniques which serve
the efficiency of democratic institutions and their strengthening, as well as the principle of the rule of law;
b. fundamental rights and freedoms, notably those that involve the participation of
citizens in public life; c. the contribution of local and regional self-government to the enhancement of
democracy. 3. With a view to spreading the fundamental values of the rule of law, human rights and democracy, the Commission encourages the setting up of similar bodies in other regions of the world and may establish links with them and run joint programmes within its field of activity. Article 2 1. The Commission shall be composed of independent experts who have achieved eminence through their experience in democratic institutions or by their contribution to the enhancement of law and political science. The members of the Commission shall serve in their individual capacity and shall not receive or accept any instructions. 2. There shall be one member and one substitute in respect of each member state of the Enlarged Agreement. The member and substitute shall be appointed by the member state concerned and shall have the qualifications required by the first paragraph of this article as well as the capacity and availability to serve on the Commission. 3. Members shall hold office for a four-year term and may be reappointed. During their term of office members may only be replaced if they have tendered their resignation or if the Commission notes that the member concerned is no longer able or qualified to exercise his or her functions.
CDL (2002) 27 - 4 -
4. Representatives of the Committee of Ministers, the Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe and the Giunta of the Regione Veneto may attend the sessions of the Commission. 5. The Committee of Ministers may by the majority stipulated in Article 20.d of the Statute of the Council of Europe invite any non-member state of the Council of Europe to join the Enlarged Agreement. Members appointed by non-member states of the Council of Europe shall not be entitled to vote on questions raised by the statutory bodies of the Council of Europe. 6. The European Community shall be entitled to participate in the work of the Commission. It may become a member of the Commission according to modalities agreed with the Committee of Ministers. 7. The Committee of Ministers may, by the majority stipulated in Article 20.d of the Statute of the Council of Europe, authorise the Commission to invite international organisations or bodies to participate in its work. 8. Any state authorised in the past to participate in the work of the Commission in the capacity of associate member or observer may continue to do so unless it joins the Commission as a member. Observers are invited to the sessions of the Commission depending on the items on the agenda. The rules governing members shall apply mutatis mutandis to associate members and observers. Article 3 1. Without prejudice to the competence of the organs of the Council of Europe, the Commission may carry out research on its own initiative and, where appropriate, may prepare studies and draft guidelines, laws and international agreements. Any proposal of the Commission can be discussed and adopted by the statutory organs of the Council of Europe. 2. The Commission may supply, within its mandate, opinions upon request submitted by the Committee of Ministers, the Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe, the Secretary General, or by a state or international organisation or body participating in the work of the Commission. Where an opinion is requested by a state on a matter regarding another state, the Commission shall inform the state concerned and, unless the two states are in agreement, submit the issue to the Committee of Ministers. 3. Any state which is not a member of the Enlarged Agreement may benefit from the activities of the Commission by making a request to the Committee of Ministers. 4. The Commission co-operates with constitutional courts and courts of equivalent jurisdiction bilaterally and through associations representing these courts. In order to promote this co-operation, the Commission may set up a Joint Council on Constitutional Justice composed of members of the Commission and representatives from co-operating courts and associations. 5. Furthermore, the Commission may establish links with documentation, study and research institutes and centres.
CDL (2002) 27 - 5 -
Article 4 1. The Commission shall elect from among its members a Bureau, composed of the President, three Vice-Presidents and four other members. The term of office of the President, the Vice-Presidents and the other members of the Bureau shall be two years. The President, the Vice-Presidents and the members of the Bureau may be re-elected. 2. The President shall preside over the work of the Commission and shall represent it. One of the Vice-Presidents shall replace the President whenever he or she is unable to take the Chair. 3. The Commission shall meet in plenary session as a rule four times a year. Its Sub- Commissions may meet whenever necessary. 4. The Commission shall establish its procedures and working methods in the Rules of Procedure and shall decide on the publicity to give to its activities. The working languages of the Commission shall be English and French. Article 5 1. Whenever it considers it necessary, the Commission may be assisted by consultants. 2. The Commission may also hold hearings or invite to participate in its work, on a case- by-case basis, any qualified person or non-governmental organisation active in the fields of competence of the Commission and capable of helping the Commission in the fulfilment of its objectives. Article 6 1. Expenditure relating to the implementation of the programme of activities and common secretariat expenditure shall be covered by an Enlarged Agreement budget funded by the member states of the Enlarged Agreement and governed by the financial rules as foreseen for Enlarged Agreement budgets of the Council of Europe, subject to the following modifications: a) the rate of contribution of a non member state of the Council of Europe to the Enlarged Agreement Budget shall be one third of its contribution as calculated in accordance with the rules for Council of Europe member states; however, it shall not be higher than one- third of the contribution by the major contributors; b) the Commission shall propose, after having consulted the member states of the Enlarged Agreement not members of the Council of Europe, its draft annual budget to the Committee of Ministers for adoption. 2. In addition, the Commission may accept voluntary contributions, which shall be paid into a special account opened under the terms of Article 4.2 of the Financial Regulations of the Council of Europe. Other voluntary contributions can be earmarked for specific research. 3. The Regione Veneto shall put a seat at the disposal of the Commission free of charge. Expenditure relating to the local secretariat and the operation of the seat of the Commission
CDL (2002) 27 - 6 -
shall be borne by the Regione Veneto and the Italian Government, under terms to be agreed between these authorities. 4. Travel and subsistence expenses of each member of the Commission shall be borne by the State concerned. If the Commission entrusts members with specific missions, the expenses shall be borne by the budget of the Commission. Article 7 Once a year, the Commission shall present to the Committee of Ministers a report on its activities containing also an outline of its future activities. Article 8 1. The Commission shall be assisted by the Secretariat General of the Council of Europe, which shall also provide a liaison with the staff seconded by the Italian authorities at the seat of the Commission. 2. The staff seconded by the Italian authorities at the seat of the Commission shall not belong to the staff of the Council of Europe. 3. The seat of the Commission shall be based in Venice. Article 9 1. The Committee of Ministers may adopt amendments to this Statute by the majority provided for under Article 20.d of the Statute of the Council of Europe, after consulting the Commission. 2. The Commission may propose amendments to this Statute to the Committee of Ministers, which shall decide by the above-mentioned majority.
Tel ► +33 (0)3 88 41 20 67 Mail ► [email protected]
Site ► www.venice.coe.int/
DIRECTORATE GENERAL HUMAN RIGHTS AND RULE OF LAW VENICE COMMISSION
COUNCIL OF EUROPE F-67075 Strasbourg Cedex
www.coe.int
Ms Aino Leppik Von Wirén Ambassador Extraordinary and Plenipotentiary Permanent Representation of Estonia to the Council of Europe
Ref ► J.Dem.332 – SGM/sm Strasbourg, 24 June 2025 Dear Ambassador, May I draw your attention to the provisions of Article 2 of the Statute of the European Commission for Democracy through Law (Venice Commission) adopted by the Committee of Ministers on 21 February 2002 (copy attached for ease of reference), according to which the term of office of the independent experts appointed as members of the Commission is four years and is renewable. The term of office of the member and of the substitute member starts running on the day following the expiry of the term of the previous member (Article 1.2 of the Rules of Procedure). Article 2 further provides that member states of the Enlarged Agreement should appoint (only) one substitute member for the same term of office of four years. Article 2 of the Commission’s Statute also determines the requirements to become a member (and a substitute member) of the Commission:
- Independence and impartiality, - Eminence, - Experience in democratic institutions or contribution to the enhancement of law and
political science, - Capacity and availability to serve on the Commission.
Venice Commission members and substitute members must be fluent in one of the Commission’s official working languages (English or French), and possibly have a working knowledge of the other official language. Further, pursuant to the Recommendation No. R(81)6 of the Committee of Ministers on the participation of women and men in an equitable proportion in committees and other bodies set up in the Council of Europe (https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentI d=09000016804ffbfb), the governments of member states should, as far as possible:
2 / 2
a. ensure participation of women and men in an equitable proportion in the committees and other bodies set up under the Statute of the Council of Europe or under a treaty drawn up in that organisation; […].
I should inform you in this respect that currently the number of female Commission members is significantly lower than that of male members. To the extent possible, your authorities should therefore favour the appointment of a female member. Pursuant to Article 1.3a of the Commission's Rules of Procedure, the member may continue to exercise his or her functions after the expiry of the mandate until the appointment of the new member, or his or her reappointment. Finally, I should inform you that the election to any position at the Venice Commission (President, vice-presidents, members of the Bureau, chairs and vice-chairs of the Sub- Commissions) is carried out by the Commission every two years on a personal basis (see Article 4 of the Statute and Article 6 of the Rules of Procedure): it follows that should the current member hold one of these positions, should your authorities appoint a new member, this position will become vacant and won’t be passed on to the new member. The term of office of the member Mr Lauri Mälksoo, and of the substitute member Mr Oliver Kask nominated by your country is due to expire on 13 September 2025. In order to ensure the smooth functioning of the Commission, I should be grateful if you could inform me as soon as practicable of the decision of your authorities either to reappoint the incumbent member and substitute member or to replace them, and in this latter case, to provide me with the name, address and working language of the new member and substitute member. I would like to underline that pursuant to Article 3a, 1bis of the Rules of Procedure, Venice Commission members and substitute members are required to commit to abide by the Venice Commission’s Principles of conduct (https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2023)013- e). You are kindly reminded that the curriculum vitae of the member and substitute member should be provided to the Secretariat, “setting forth in particular all offices and functions exercised by them which may be deemed relevant for the work of the Commission. This curriculum vitae shall be made public” (Article 3a of the Rules of procedure). I am at your disposal should you wish to meet to discuss this matter more in detail.
Yours sincerely,
Simona Granata-Menghini
Director, Secretary of the Venice Commission
Tel ► +33 (0)3 88 41 20 67 Mail ► [email protected]
Site ► www.venice.coe.int/
DIRECTORATE GENERAL HUMAN RIGHTS AND RULE OF LAW VENICE COMMISSION
COUNCIL OF EUROPE F-67075 Strasbourg Cedex
www.coe.int
Ms Aino Leppik Von Wirén Ambassador Extraordinary and Plenipotentiary Permanent Representation of Estonia to the Council of Europe
Ref ► J.Dem.332 – SGM/sm Strasbourg, 24 June 2025 Dear Ambassador, May I draw your attention to the provisions of Article 2 of the Statute of the European Commission for Democracy through Law (Venice Commission) adopted by the Committee of Ministers on 21 February 2002 (copy attached for ease of reference), according to which the term of office of the independent experts appointed as members of the Commission is four years and is renewable. The term of office of the member and of the substitute member starts running on the day following the expiry of the term of the previous member (Article 1.2 of the Rules of Procedure). Article 2 further provides that member states of the Enlarged Agreement should appoint (only) one substitute member for the same term of office of four years. Article 2 of the Commission’s Statute also determines the requirements to become a member (and a substitute member) of the Commission:
- Independence and impartiality, - Eminence, - Experience in democratic institutions or contribution to the enhancement of law and
political science, - Capacity and availability to serve on the Commission.
Venice Commission members and substitute members must be fluent in one of the Commission’s official working languages (English or French), and possibly have a working knowledge of the other official language. Further, pursuant to the Recommendation No. R(81)6 of the Committee of Ministers on the participation of women and men in an equitable proportion in committees and other bodies set up in the Council of Europe (https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentI d=09000016804ffbfb), the governments of member states should, as far as possible:
2 / 2
a. ensure participation of women and men in an equitable proportion in the committees and other bodies set up under the Statute of the Council of Europe or under a treaty drawn up in that organisation; […].
I should inform you in this respect that currently the number of female Commission members is significantly lower than that of male members. To the extent possible, your authorities should therefore favour the appointment of a female member. Pursuant to Article 1.3a of the Commission's Rules of Procedure, the member may continue to exercise his or her functions after the expiry of the mandate until the appointment of the new member, or his or her reappointment. Finally, I should inform you that the election to any position at the Venice Commission (President, vice-presidents, members of the Bureau, chairs and vice-chairs of the Sub- Commissions) is carried out by the Commission every two years on a personal basis (see Article 4 of the Statute and Article 6 of the Rules of Procedure): it follows that should the current member hold one of these positions, should your authorities appoint a new member, this position will become vacant and won’t be passed on to the new member. The term of office of the member Mr Lauri Mälksoo, and of the substitute member Mr Oliver Kask nominated by your country is due to expire on 13 September 2025. In order to ensure the smooth functioning of the Commission, I should be grateful if you could inform me as soon as practicable of the decision of your authorities either to reappoint the incumbent member and substitute member or to replace them, and in this latter case, to provide me with the name, address and working language of the new member and substitute member. I would like to underline that pursuant to Article 3a, 1bis of the Rules of Procedure, Venice Commission members and substitute members are required to commit to abide by the Venice Commission’s Principles of conduct (https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2023)013- e). You are kindly reminded that the curriculum vitae of the member and substitute member should be provided to the Secretariat, “setting forth in particular all offices and functions exercised by them which may be deemed relevant for the work of the Commission. This curriculum vitae shall be made public” (Article 3a of the Rules of procedure). I am at your disposal should you wish to meet to discuss this matter more in detail.
Yours sincerely,
Simona Granata-Menghini
Director, Secretary of the Venice Commission