European Standards of Electoral Law in Contemporary Constitutionalism


Book Description

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.




Electoral System Design


Book Description

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The Preconditions for a Democratic Election


Book Description

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.




The Cancellation of Election Results


Book Description

Electoral law, like all other fields of law, Is effective only if it provides for sanctions. The cancellation of elections results, The most serious of sanctions, Is in general linked To The most serious of irregularities, especially when its effects are felt beyond a small constituency. However, small technical inaccuracies may affect election results if the difference in votes is minimal, As recent examples such as the notorious 2000 United States presidential elections have shown. This book aims to determine when electoral disputes should lead to such a consequence, based on the practice of national, constitutional and supreme courts throughout Europe, As well as on the practice of the European Court of Human Rights. This publication contains the reports presented at the Seminar on Cancellation of Election Results, organised by the Venice Commission in co-operation with the Constitutional Court of Malta And The Maltese Ministry of Justice and Home Affairs, On 14 and 15 November 2008.




Organisation of Elections by an Impartial Body


Book Description

After fifteen years of democratic transition in central and eastern Europe, the organisation of elections in conformity with the principles of the European electoral heritage is still a major challenge. In order to ensure the effectiveness of these principles (univeral, equal, free, secret and direct suffrage) a certain number of procedural guarantees must be respected. Firstly, elections must be organised by an impartial body in an independent and transparent manner; this is the main message in this publication. The body in charge of organising the elections should be able to ensure, without any political manipulation, that the electoral process is carried out efficiently, from the pre-election period right up to the close of any dispute regarding the results. The reports cover three aspects wich are indispensable to the impartiality of electoral commissions and equivalent bodies: independence with regard to the composition and functioning of the electoral administration; transparency and impartiality of the electoral administration on election day and after the election.




Code of Good Practice in Electoral Matters


Book Description

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.




Definition and Development of Human Rights and Popular Sovereignty in Europe


Book Description

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?




Evaluation of Fifteen Years of Constitutional Practice in Central and Eastern Europe


Book Description

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




The Status of International Treaties on Human Rights


Book Description

This publication contains a number of papers presented at an international seminar, held in Coimbra, Portugal in October 2005, organised by the European Commission for Democracy through Law (Venice Commission) in co-operation with the lus Gentium Coimbrigae Centre and the Faculty of Law of the University of Coimbra and the International Association of Constitutional Law (IACL). Issues considered include: human rights and state succession; territorial scope of human rights obligations; the position of human rights treaties in national legal systems; the obligation to comply with the judgments of the European Court of Human Rights; the criteria for establishing the hierarchy of legal rules in national and international law.