DRAFT ANNOTATED AGENDA

Transcription

1 Strasbourg, 8 December 2006 CDL-OJ(2006)004ann Or. Engl. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) 69 TH PLENARY SESSION (Venice, Scuola Grande di San Giovanni Evangelista) Friday, 15 December (9.30 a.m) Saturday, 16 December 2006 (1.00 p.m.) DRAFT ANNOTATED AGENDA venice@coe.int F Strasbourg Cedex Tel : Fax :

2 CDL-OJ(2006)004ann Friday, 15 December h30-10h15 10h15-11h15 Opening session Follow-up to earlier Venice Commission opinions Discussion and adoption of opinions on individual countries 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 Eleonora Petrova-Mitevska, Permanent Representative of the former Yugoslav Republic of Macedonia to the Council of Europe and with Ambassador Sladjana Prica, Permanent Representative of Serbia to the Council of Europe. 4. Co-operation with the Parliamentary Assembly The Commission is invited to hold an exchange of views with Mr Peter Schieder and Ms Sabine Leutheusser-Schnarrenberger, Members of the Parliamentary Assembly of the Council of Europe, on co-operation with the Assembly. 5. Co-operation with the Congress of local and regional authorities of the Council of Europe The Commission is invited to hold an exchange of views with the representatives of the Congress on co-operation with the Congress. 6. Follow-up to earlier Venice Commission opinions The Commission will be informed on follow-up to: - Opinion on the law on Freedom of Assembly in Azerbaijan (CDL-AD(2006)034); - Opinion on property restitution and compensation on the territory of Georgia for the victims of conflict in the former South Ossetia District (CDL-AD(2006)010). 7. Armenia The Commission is invited to examine with a view to adoption the draft opinion (CDL(2006)090) on the law of the Republic of Armenia on the Human Rights Defender and amendments (CDL(2006)098 and 100) drawn up on the basis of comments by the rapporteurs Messrs Bianku, Torfason and Nowicki, expert of the Directorate General of Human Rights of the Council of Europe (CDL(2006)088, 093 and 094). Mr Closa Montero is invited to present his comments (CDL(2006)079) on the conformity of some provisions of the law on political parties of Armenia with international standards. These comments have already been forwarded to the Constitutional Court of Armenia.

3 - 3 - CDL-OJ(2006)004ann 8. Croatia The Commission is invited to endorse the comments by Mr Owen Masters (CDL(2006)081) on the revised version of the law on the direct election of mayors and heads of municipalities (CDL(2006)082rev; see CDL(2006)083). 11h15-11h30 11h30-13h00 Coffee break Discussion and adoption of opinions on individual countries (Continued) 9. Finland Mr Tuori will present to the Commission the request for an evaluation of the current Constitution of Finland which entered into force on 1 March 2000 (CDL(2006)095). 10. Georgia The Commission will be informed about a request from the Parliamentary Assembly for an opinion on the Law of Georgia on Disciplinary Responsibility and Disciplinary Prosecution of Judges of Common Courts (CDL(2006)101), in particular with regard to the principle of the independence of the judiciary, which has been made in the context of the dismissal of judges including judges of the Supreme Court of Georgia. The reporting members (Ms Nussberger, Ms Suchocka and Mr. Vogel) will be invited to hold a first exchange of views with a view to preparing a draft opinion for adoption at the March session. The Commission is invited to hold an exchange of views with Mr Pavle Kublashvili, member of Parliament and to examine the comments by Messrs Dutheillet de Lamothe and Bartole (CDL(2006)102 and 103) on draft amendments to the Constitution of Georgia (CDL(2006)104rev) with a view to requesting the reporting members to prepare a consolidated opinion and forward it to the authorities. 11. Kazakhstan The Secretariat will inform the Commission on the results of the visit of a Commission delegation to Kazakhstan in November. The Commission is invited to hold an exchange of views with Mr Alikhan M. Baimenov, Majilis Deputy, Parliament of Kazakhstan and with Ms Svetala Bychkova, member of the Constitutional Council on possible co-operation with the Republic of Kazakhstan. 13h00-14h30 14h30-15h45 Lunch Discussion and adoption of opinions on individual countries (continued) 12. Report of the Sub-Commission for the protection of Minorities (14 December 2006) The chairperson will inform the Commission on the results and conclusions of the meeting. - Study on non-citizens and minority rights The Commission is in particular invited to examine with a view to adoption the draft report on non-citizens and minority rights (CDL-MIN(2006)002rev) drawn up on the basis of comments by

4 CDL-OJ(2006)004ann Mr van Dijk, Ms Lazarova Trajkovska, Messrs Matscher, Malinverni, Aurescu, Bartole and Alfredsson. 13. Kyrgyzstan The Commission is invited to hold an exchange of views with Mr Marat Kaipov, Minister of Justice and with Mr Soronbay Jenbekov, member of Parliament on the new Constitution of Kyrgyzstan and on co-operation with the Venice Commission. 14. Mexico The representatives of the Supreme Court of Mexico will inform the Commission on the white book on judicial reform. 15h45-16h00 16h00-17h30 Coffee break Discussion and adoption of opinions on individual countries (continued) 15. Montenegro Messrs Tuori, Bradley and Neppi Modona are invited to inform the Commission on the Round Table on Constitutional Reform in the Republic of Montenegro which took place in Podgorica on November The Commission is invited to take note of the rapporteurs speeches presented during the Round Table (CDL(2006)106); see expert text of the Constitution (CDL(2006)105). Mr Ranko Krivokapic, Speaker of the Parliament of Montenegro is invited to inform the Commission on developments with respect to the adoption of a new Constitution in Montenegro. 16. Serbia Following the request by the Monitoring Committee of the Parliamentary Assembly of the Council of Europe for an opinion on the new Constitution of Serbia (CDL(2006)089), the rapporteurs (Messrs. Grabenwarter, Jowell, Ms Suchocka, Messrs Tuori, Velaers) are invited to hold a first exchange of views with a view to preparing a draft opinion for adoption at the March session. 17. Ukraine The Commission is invited to examine the comments by Messrs Tuori and Scholsem (CDL(2006)107 and 108) on the draft Law on Cabinet of Ministers and Central Public Executive Authorities of Ukraine (CDL(2006)099). The Commission will be informed about a request for an opinion on two draft laws on the judiciary (CDL(2006)096) and on the status of judges (CDL(2006)097). The reporting members (Mr. Hamilton and Ms Suchocka) are invited to hold a first exchange of views on this opinion with a view to its adoption at the March session, in co-operation with the Directorate General of Legal affairs of the Council of Europe.

5 - 5 - CDL-OJ(2006)004ann Saturday, 16 December h30-10h30 Discussion and adoption of opinions (continued) Other constitutional developments 10 cont d Georgia At its 67th session (June 2006), the Venice Commission adopted a joint opinion with OSCE/ODIHR on the election code of Georgia as of 23 December 2005 (CDL-AD(2006)023). The election code was further revised in The Commission is therefore invited to examine the draft joint opinion (CDL(2006)084) by OSCE/ODIHR and the Venice Commission on the Electoral Code of Georgia, as amended on 24 July 2006 (CDL(2006)080) with a view to its adoption and transmission to the Georgian authorities. 18. Other constitutional developments - France Mr Pierre Mazeaud, President of the Constitutional Council of France will inform the Commission on developments in the case-law of the Constitutional Council with respect to the implementation of European Community directives. 19. Constitutional developments in Observer States The representatives from Observer states are invited to inform the Commission on recent constitutional developments in their countries. 20. E-Democracy Mr Trocsanyi will inform the Commission on his participation in the first meeting of the Ad Hoc Committee on E-Democracy which took place in Strasbourg on September h30-10h45 10h45-12h45 Coffee Break Discussion and adoption of studies Reports of Sub-Commissions Administrative matters 21. Study on remedies for the excessive length of proceedings The Commission is invited to examine with a view to adoption the draft study on remedies for the excessive length of proceedings (CDL(2006)086) drawn up on the basis of replies to the questionnaire as well as the comments by Messrs van Dijk, Malinverni, Matscher, Aurescu and Ms Garcia-Maltras de Blas. 22. Report of the Meeting of the Sub Commission on Human Rights (14 December 2006) The chairperson will inform the Commission on the results and conclusions of the meeting in particular with regard to the study on blasphemy, religious insults and inciting religious hatred.

6 CDL-OJ(2006)004ann Report of the Meeting of the Sub Commission on the Judiciary (14 December 2006) The chairperson will inform the Commission on the discussions at the meeting in particular regarding Constitutional rules protecting the independence of the judiciary (cf document CDL- JD(2006)001). 12h45-13h00 Closing session 24. Other business 25. Date of the next session and confirmation of sessions 2007 The Commission is invited to confirm the date of its 70 th Plenary Session: March 2007 It is recalled that the dates of the Plenary Sessions in 2007 have been fixed as follows: 71 st Plenary Session 1-2 June 72 nd Plenary Session October 73 rd Plenary Session December Sub-Commission meetings will take place as usual on the day before the Plenary Sessions.