Strasbourg, 6 June 2005 CDL-OJ(2005)002ann rev EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION)

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1 Strasbourg, 6 June 2005 Restricted CDL-OJ(2005)002ann rev EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) 63 rd PLENARY SESSION (Venice, Scuola Grande di San Giovanni Evangelista) Friday, 10 June (9.30 a.m.) Saturday, 11 June 2005 (1.00 p.m.) R E V I S E D D R A F T A N N O T A T E D A G E N D A 1. Adoption of the Agenda 2. Communication by the Secretariat 3. Co-operation with the Committee of Ministers Within the framework of its co-operation with the Committee of Ministers, the Commission will hold an exchange of views with Ambassador Anne-Marie Nyroos, Permanent Representative of Finland to the Council of Europe and with Ambassador Daniel Bučan, Permanent Representative of Croatia to the Council of Europe. 4. Co-operation with the Parliamentary Assembly The Commission is invited to hold an exchange of views with the representatives of the Parliamentary Assembly of the Council of Europe, on co-operation with the Assembly. It is recalled that the items concerning Italy and the Russian Federation (see items 13 and 14) fall within the framework of co-operation with the Parliamentary Assembly.

2 CDL-OJ(2005)002ann-rev Co-operation with the Congress of Local and Regional Authorities of the Council of Europe Mr Giovanni di Stasi, President of the Congress will inform the Commission on the activities of the Congress. 6. Co-operation with the Council of Europe Development Bank Mr Raphaël Alomar, Governor of the Development Bank will inform the Commission on the Bank s activities. 7. Co-operation with the Consiglio superiore della Magistratura of Italy Mr Luigi Berlinguer will inform the Commission on the activities of the ENCJ (European Network of the Council of the Judiciary). 8. Follow-up to earlier Venice Commission opinions The Commission will be informed on the follow-up given to the opinions on: - Opinion on Human Rights in Kosovo: possible establishment of review mechanisms CDL-AD(2004)033; - Opinion on amendments to the law on the Ombudsman in Bosnia and Herzegovina CDL- AD(2004)031; - Opinion on the constitutional situation in Bosnia and Herzegovina and the powers of the High Representative CDL-AD(2005)004; - Opinion on the law of the Republic of Armenia on Political parties CDL-AD(2003) Armenia The Commission is invited to hold an exchange of views with Mr Tigran Torossian, Vice-Speaker of the Armenian National Assembly and to examine with a view to adoption the draft second interim opinion (CDL(2005)043rev) on constitutional reforms in Armenia (CDL(2005)042). Ms Flanagan will inform the Commission on progress in the preparation of the amendments to the law on the procedure of conducting gatherings, meetings, rallies and demonstrations in the Republic of Armenia (CDL(2005)044 and 045). In addition, the Commission will be invited to endorse the joint opinion (CDL(2005)039) by the Venice Commission and OSCE/ODIHR on the first version of the same draft amendments. The joint opinion by the Venice Commission and OSCE/ODIHR on the revised draft amendments to the Electoral Code of Armenia (version of 19 April 2005; CDL-EL(2005)010) will be examined within the framework of the report on the meeting of the Council for Democratic Elections (see item 21). 10. Azerbaijan The joint opinion by the Venice Commission and OSCE/ODIHR on the draft amendments to the Electoral Code of Azerbaijan (CDL-EL(2005)013) will be examined within the framework of the report on the meeting of the Council for Democratic Elections (see item 21).

3 - 3 - CDL-OJ(2005)002ann-rev 11. Bosnia and Herzegovina The Commission is invited to examine with a view to adoption the draft opinion (CDL(2005)016rev) on possible solutions to the matter of decertification of police officers in Bosnia and Herzegovina. The Commission is invited to examine the comments by Messrs van Dijk, Jambrek, Malinverni and Matscher (CDL(2005)041) on the matter of whether proceedings before the Human Rights Chamber and the Constitutional Court are of a domestic nature or whether they amount to another international procedure within the meaning of article 35, para. 2 of the European Convention on Human Rights (amicus curiae opinion in proceedings before the European Court of human rights). 12. Georgia Mr Khetsuriani is invited to inform the Commission on recent constitutional developments in Georgia. 13. Italy The Commission is invited to hold an exchange of views with the Italian Representatives and with media experts Messrs David Ward and Karol Jabukowicz (see documents CDL(2005)010 and 011) and to examine with a view to adoption the draft opinion (CDL(2005)009rev) on the compatibility of the Gasparri Law (CDL(2004)092) and the Frattini Law (CDL(2004)093rev) with the standards of the Council of Europe in the field of freedom of expression and media pluralism, especially in the light of the case-law of the European Court of Human Rights drawn up at the request of the the Parliamentary Assembly of the Council of Europe. 14. Russian Federation The Commission is invited to examine with a view to adoption the draft opinion (CDL(2005)049) prepared by Ms Suchocka and Mr Hamilton on the Federal Law on the Prosecutor s Office of the Russian Federation (CDL(2005)040). 15. Serbia and Montenegro The Commission will be informed on recent constitutional developments in Serbia and Montenegro. 16. Ukraine The Commission is invited to examine with a view to adoption the draft opinion (CDL(2005)046) on amendments to the Constitution of Ukraine adopted on 8 December 2004 (CDL(2005)036) drawn up on the basis of comments by Mr Tuori, Ms Flanagan and Mr Bartole. 17. Other constitutional developments - Bulgaria Mr Stankov will inform the Commission on recent constitutional developments in Bulgaria.

4 CDL-OJ(2005)002ann-rev Croatia The Commission is invited to hold an exchange of views with Ms Vesna Skare-Ozbolt, Minister of Justice of Croatia. - Kyrgyzstan The Commission will be informed on possible co-operation on constitutional reform in Kyrgyzstan. - The former Yugoslav Republic of Macedonia The Commission is invited to hold an exchange of views with Ms Liljana Ingilizova-Ristova, President of the Constitutional Court. 18. OSCE/ODIHR guidelines on freedom of assembly The Commission is invited to examine with a view to adoption the opinion (CDL(2005)047) on the OSCE/ODIHR guidelines on freedom of assembly (CDL(2005)048) drawn up on the basis of comments by Ms Flanagan and Mr Malinverni. 19. Study and Seminar on the role of the second Chamber The Commission will be informed on progress of work on the study on the role of the second Chamber. 20. Report of the Meeting of the Sub-Commission for the protection of minorities (9 June 2005) The chairperson of the meeting will inform the Commission on the results and conclusions of the meeting. 21. Report of the Meeting of the Council for Democratic Elections (9 June 2005) The chairperson will inform the Commission on the results and conclusions of the meetings. In particular, the Commission may be invited to adopt: - draft joint opinion by the Venice Commission and OSCE/ODIHR on the revised draft amendments to the Electoral Code of Armenia (version of 19 April 2005; CDL- EL(2005)010; see also documents CDL-EL(2005)012 and CDL(2003)052); - draft joint opinion by the Venice Commission and OSCE/ODIHR on the draft amendments to the Electoral Code of Azerbaijan (CDL-EL(2005)013; see documents CDL-EL(2005)019 and CDL(2003)047); - questionnaire on election observation (CDL-EL(2005)009) requested by Resolution 1320(2003) of the Parliamentary Assembly. 22. Other business

5 - 5 - CDL-OJ(2005)002ann-rev 23. Date of the next session and proposals for sessions 2006 The Commission is invited to confirm the date of its 64 th Plenary Session: October 2005; Sub-Commission meetings as well as a meeting of the Council for Democratic Elections will take place as usual on the day before the Plenary Session. In addition, the Commission is invited to confirm the schedule of sessions for 2006 as follows: 66 th Plenary Session March 67 th Plenary Session 9-10 June 68 th Plenary Session October 69 th Plenary Session December Sub-Commission meetings and meetings of the Council for Democratic Elections will take place as usual on the day before the Plenary Session.