Documents library
Joint Interim Opinion on the Law of Ukraine on the Condemnation of the Communist and National Socialist (Nazi) Regimes and Prohibition of Propaganda of Their Symbols
Publishing date: 21 December 2015
Collections: Legal Opinions and Comments
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization
Publisher: Organization for Security and Co-operation in Europe
The scope of this Joint Opinion only covers Law no. 317-VIII, submitted for review by the Parliamentary Assembly of the Council of Europe. It is therefore limited and does not constitute a full and comprehensive review of all the legal acts that were amended by Law no. 317-VIII. This Joint Opinion also does not address the other three laws, together with which Law no. 317-VIII formed a so-called “decommunisation package”, which is the term often applied to the process of dismantling communist legacies in post-communist States.
Opinion on the Draft Amendments to Certain Provisions of the Criminal Code of Poland
Publishing date: 3 December 2015
Collections: Legal Opinions and Comments
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization
Publisher: Organization for Security and Co-operation in Europe
Final Report: War Crimes Justice Project (Phase II)- Supporting the Transfer of Knowledge in War Crimes Cases among the National Jurisdictions of the Former Yugoslavia and with the International Criminal Tribunal for the Former Yugoslavia
Publishing date: 1 December 2015
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization, Rule of law
Publisher: Organization for Security and Co-operation in Europe
The present report summarizes the objective, results and activities of the project “Supporting the transfer of knowledge in war crimes cases among the national jurisdictions of the former Yugoslavia and with the ICTY” (War Crimes Justice Project Phase II), implemented by ODIHR under its Rule of Law program. ODIHR’s Rule of Law work focuses on the following areas: judicial independence, trial monitoring, criminal justice reform, administrative justice, electoral dispute resolution and war crimes justice.
Opinion on the Qualification Assessment Procedure of Judges of Ukraine
Publishing date: 12 November 2015
Collections: Legal Opinions and Comments
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization
Publisher: Organization for Security and Co-operation in Europe
The scope of this Opinion covers only the Qualification Assessment Procedure and Judicial Dossier Regulation, submitted for review. Thus limited, the Opinion does not constitute a full and comprehensive review of the entire legal and institutional framework governing the judicial system of Ukraine and the status and evaluation of judges.
Draft Joint Opinion on the Draft Amendments to some Legislative Acts concerning Prevention of and Fight against Political Corruption in Ukraine (September 2015)
Publishing date: 7 September 2015
Collections: Legal Opinions and Comments
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization
Publisher: Organization for Security and Co-operation in Europe
OSCE/ODIHR and the Venice Commission welcome the draft amendments as an important improvement to the existing legal framework on political party and campaign financing. Several provisions could benefit from further improvement, in order to ensure that the draft amendments are in line with international standards. This relates, in particular, to provisions in the areas of contribution and spending limits and oversight over political party and campaign financing by regulatory bodies.
Opinion on the Draft Law on Resolution of Disputes through Mediation and Amendments to Related Legislation of the Kyrgyz Republic
Publishing date: 5 August 2015
Collections: Legal Opinions and Comments
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization
Publisher: Organization for Security and Co-operation in Europe
While the Opinion welcomes a mostly coherent legal framework pertaining to mediation which in many ways is compatible with international standards is also provides a number of recommendations in order to ensure sufficient safeguards with respect to criminal mediation in line with international standards, ensure the quality of mediation and guarantee procedural rights in the course of mediation processes, clarify the rules of confidentiality of mediation proceeding and the admissibility of mediation-related information as evidence in subsequent court proceedings, clearly outline exceptions to the confidentiality in the law.
Preliminary Joint Opinion on the Draft Amendments to the Law on the Prosecutor's Office of Georgia
Publishing date: 9 July 2015
Collections: Legal Opinions and Comments
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization
Publisher: Organization for Security and Co-operation in Europe
The Opinion, requested on 21 May 2015 by the First Deputy Minister of Justice of Georgia, dealt with a new system for the appointment and accountability of the Chief Prosecutor of Georgia. Overall, the Venice Commission, OSCE/ODIHR and the CCPE/DGI consider that the reform of the Prosecutor’s Office goes into the right direction. However, the Georgian authorities are encouraged to pursue further changes to ensure the depoliticisation of the office of the Chief Prosecutor, including by introducing clear qualification and experience criteria; introducing more transparency in the manner of selection of candidates by Parliament; ensuring that the power to nominate prosecutors to the Prosecutorial Council does not belong exclusively to the top officials of the prosecutorial system; introducing further guarantees for the independence of the Prosecutorial Council, and by clearly defining the coercive powers of the Special Prosecutor, as well as the nature of the investigation he/she may conduct.
Opinion on Draft Amendments to the Legal Framework on Preventing and Combating Domestic Violence in Moldova (9 July 2015)
Publishing date: 9 July 2015
Collections: Legal Opinions and Comments
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization
Publisher: Organization for Security and Co-operation in Europe
The Opinion notes many positive aspects of the draft amendments, such as the newly introduced possibility for police bodies to issue emergency restraining orders on site, the criminalization of the violation of protection orders issued by courts, and the willingness to exclude alternative dispute resolution mechanisms in domestic violence cases – which demonstrates Moldova’s willingness to render its legislation compliant with international standards. At the same time, in light of the latest case law of the European Court of Human Rights and recent reports from international human rights bodies, the main challenge remains the actual implementation of the relevant legislation in practice, and ensuring the effective investigation and prosecution of domestic violence cases in Moldova. The Opinion states that a number of provisions of the draft amendments could be drafted in a clearer manner and provides a number of recommendations to ensure a more effective implementation of the legal framework on preventing and combating domestic violence in Moldova.
Joint Opinion on the Draft Law on Introduction of Changes and Amendments to the Constitution of the Kyrgyz Republic
Publishing date: 22 June 2015
Collections: Legal Opinions and Comments
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization
Publisher: Organization for Security and Co-operation in Europe
The Joint Opinion raises key issues and provides indications of areas of concern. In the interests of concision, the Joint Opinion focuses more on problematic areas rather than on the positive aspects of the draft Amendments. The ensuing recommendations are based on relevant international human rights and rule of law standards and OSCE commitments, Council of Europe and UN standards, as well as good practices from other OSCE participating States and Council of Europe member states. Where appropriate, they also refer to the relevant recommendations made in previous OSCE/ODIHR and Venice Commission opinions and reports.
Opinion on the Draft Criminal Procedure Code of the Kyrgyz Republic
Publishing date: 19 June 2015
Collections: Legal Opinions and Comments
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization
Publisher: Organization for Security and Co-operation in Europe
While the Opinion welcomes a number of improvements to the criminal procedural rules in the Kyrgyz Republic, it also provides a number of recommendations to amend or supplement the Draft Criminal Procedure Code, in order to: 1. effectively prevent and combat torture and other forms of ill-treatment during the criminal justice process; 2. improve the system of juvenile justice; 3. clarify the rules on the inadmissibility of evidence; and 4. ensure a more effective protection of the rights of the suspect or accused at each stage of the criminal proceedings.