Opinion on the Draft Law on Access to Information of the Republic of Kazakhstan and on Related Amendments to Other Legislative Acts
In April 2015, the Parliament of the Republic of Kazakhstan requested OSCE to provide legal expertise on draft legislation on access to information. For a number of years, the Mazhilis (lower chamber) of the Parliament of the Republic of Kazakhstan has been in the process of drafting a new Law on Access to Information. OSCE/ODIHR has issued Opinions on previous drafts of this legislation in 2010 and in 2012. In its latest Opinion, ODIHR notes that the new draft Law constitutes an improvement to earlier draft versions, and incorporates a number of ODIHR’s previous recommendations. At the same time, there is a need to ensure that no information is categorically excluded from being accessed, and that at the same time, all necessary grounds for limitation of access to information are included.
Joint Opinion on the Draft Law on the Prosecution Service of the Republic of Moldova
OSCE/ODIHR, the Venice Commission and DG I welcome the Draft Law, which represents, overall, a substantial improvement of the current Law regulating the operation of the Moldovan Prosecution Service and reflects a genuine effort to modernize the existing legal framework, in line with relevant European standards and best practices. It appears to be of good technical and structural quality, and it deals in detail - although in some cases in a too detailed manner - with many important aspects of the functioning of the Prosecution Service. The opinion recommended, however, to provide a more precise and narrow delineation of the powers of the Prosecution Service outside of criminal law; to include more precise provisions on the internal independence of prosecutors and related safeguards; to include a specific mechanism for the dismissal of the Prosecutor General; to reconsider the proposed provisions with respect to prosecutors in the Autonomous Territorial Unit (ATU) of Gagauzia and to ensure that the Transitional Provisions provide for the appropriate harmonization of the provisions of the Draft Law with those of the Code of Criminal Procedure and any other relevant legislative provisions.
Assessment of the Legislative Process in Georgia (January 2015)
Based on a Memorandum of Understanding, signed between the OSCE/ODIHR and the Parliament of Georgia on 24 February 2014, the OSCE/ODIHR has conducted an assessment of the legislative process in Georgia, a situational analysis of both the formal procedures and the actual practices in Georgia that apply to the preparation, drafting, enactment, publication, communication and evaluation of legislation. The assessment report discusses the salient aspects of the legislative drafting / law making process in the country and identifies the existing concerns and risks as well as a number of goals to be achieved in order to enable the law-making system to function in a more effective, transparent and efficient way.
Opinion on the Draft Law of Ukraine on Police and Police Activities
Opinion on the Draft Law of Ukraine on Police and Police Activities (1 December 2014)
notes that this Draft Law contains many positive aspects which correspond to international standards and good practices. Certain areas, however, would benefit from improvement:
• the provisions of the Draft Law on the roles and responsibilities of individual police authorities/units, and on inter-agency cooperation mechanisms should be improved and clarified.
• the Draft Law should enhance accountability of the police by including clear and independent complaints mechanisms, and should introduce specific provisions to ensure that key human rights standards are followed.
• further discussions on the Draft Law should be conducted with all relevant stakeholders from different parts of society, and the Draft Law itself should undergo a proper and realistic impact assessment, including a full financial impact assessment.
Opinion On the Law on the Bureau on Prevention and Combating of Corruption of Latvia
At the outset, the OSCE/ODIHR notes that the Law generally complies with international anti-corruption standards, as well as with relevant OSCE commitments. Some improvements may be considered, in particular:
• no outside body or actor should control or influence the Bureau;
• limiting the appointment of the Head of Bureau to a single term;
• creation of one or more advisory committees;
• mechanisms of the Bureau should be strengthened in the course of its investigations.
Opinion on the Draft Law of the Kyrgyz Republic on Safeguarding and Protection from Domestic Violence
The Opinion raises key issues and provides indications of areas of concern. In the interest of conciseness, the Opinion focuses more on areas that require amendments or improvements rather than on the positive aspects of the Draft Law. The ensuing recommendations are based on international standards related to the prevention of and protection from domestic violence, and prosecution of perpetrators, as well as on relevant OSCE commitments. The Opinion will also seek to highlight, as appropriate, good practices from other OSCE participating States in this field.
Opinion on the Draft Federal Law of Austria Amending the Law on the Recognition of Adherents to Islam as a Religious Society
This Opinion analyzes the provisions of the draft Law against the background of its compatibility with relevant international human rights standards and OSCE commitments.
Joint Opinion on the Draft Act to Regulate the Formation, the Inner Structures, Functioning and Financing of Political Parties and Their Participation in Elections of Malta
The Joint opinion raises key issues and provides indications of areas of concern. The ensuing recommendations are based on relevant international human rights and rule of law standards and OSCE commitments, Council of Europe 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 ODIHR and Venice Commission opinions and reports