Documents library
Second Preliminary Joint Opinion on the Electoral Code of Armenia
Publishing date: 21 July 2016
Collections: Election-related Legal Opinions and Comments
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization, Elections
Publisher: Organization for Security and Co-operation in Europe
At its 107th Plenary Session, on 10-11 June 2016, the Venice Commission endorsed the Joint Opinion with the OSCE/ODIHR on the draft electoral code of Armenia as of 18 April 2016. At this Plenary Session, the Minister of Justice informed the Venice Commission and the OSCE/ODIHR that additional amendments, including changes that addressed recommendations made in the first Joint Opinion, could be submitted to parliament at an extraordinary session before the end of June 2016. The Minister therefore invited the rapporteurs to hold a working meeting with the Armenian authorities in order to discuss possible additional improvements to the code. The Minister also requested another joint opinion on the final version of the amended Electoral Code, particularly in light of the extent to which these new amendments addressed the recommendations presented in the first Joint Opinion. The Minister asked that this opinion be again transmitted and made public in preliminary form during the month of July. The Venice Commission and OSCE/ODIHR granted this request. The Minister confirmed this request in a letter sent on 2 July 2016.
Joint Opinion on the Draft Law on Changes to the Electoral Code of the Republic of Moldova
Publishing date: 13 June 2016
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization, Elections
Publisher: Organization for Security and Co-operation in Europe
Amendments to the Electoral Code have been made necessary by the 4 March 2016 decision of the Constitutional Court. This decision declared unconstitutional the procedure of election of the President of Moldova by 3/5 of the Members of Parliament, as well as the related rules and laws. It also revived the constitutional provisions on the direct election of the President of the Republic, to be found in Articles 78 (1, 3, 4), 85 and 89 of the Constitution, in force until the adoption of the Law no. 1115—XIV of 5 July 2000, and the corresponding Electoral Code provisions for the election of the President by direct, secret and free vote of the citizens that were repealed by the above law. This decision was consulted in English, directly on the Constitutional Court’s website. All references to the original complaint (48b/2015) and the ruling by the Constitutional Court (Judgment No. 7 of 04.03.2016) are based on the translated documents. On 1 April 2016, the parliament of Moldova voted to hold the presidential election on 30 October 2016.
Joint Opinion on the Draft Electoral Code of Armenia as of 18 April 2016
Publishing date: 13 June 2016
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization, Elections
Publisher: Organization for Security and Co-operation in Europe
This joint opinion follows the reform of the Constitution, which was subject to two opinions of the Venice Commission in 2015. The new Constitution entered into force after being endorsed by voters in a referendum on 6 December 2015. According to its Article 210, a new Electoral Code has to enter into force by 1 June 2016.
Report on Monitoring of Peer Elections for the High Judicial Council and State Prosecutors’ Council of the Republic of Serbia
Publishing date: 23 May 2016
Content type: Report
What we do: Democratization, Rule of law
Publisher: Organization for Security and Co-operation in Europe
This report is the result of joint efforts by the OSCE Mission to Serbia and the Office for Democratic Institutions and Human Rights (ODIHR) to monitor the nomination and election processes for peer elections of judges and prosecutors in Serbia to the High Judicial Council (HJC) and the State Prosecutors’ Council (SPC), respectively, conducted from October to December 2015. The Lawyers’ Committee for Human Rights (YUCOM), a Serbian nongovernmental organization, also served as an implementing partner. This monitoring was conducted in consideration of ongoing judicial and legal reform initiatives in Serbia as part of a broader National Justice Reform Strategy and ongoing reforms for accession to the European Union (EU). Activities included monitoring nomination processes (in selected courts and prosecutor’s offices), monitoring peer elections across Serbia, analyzing the underlying legal framework, and interviewing judges and prosecutors who participated in the process.
Opinion on the Draft Amendments to the Law on Civil Service of Ukraine (10 May 2016)
Publishing date: 10 May 2016
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
Overall, the Opinion welcomes the Draft Amendments to the Law on Civil Service of Ukraine, which aim to ensure the autonomy of the Ukrainian Parliament Commissioner for Human Rights to recruit his/her staff members. At the same time, the Draft Amendments would benefit from some changes to protect the institutional independence of the Commissioner from any interference from external bodies and ensure a pluralist staff composition at all levels.
War Crimes Justice Project- Phase 2: 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: Final Report
Publishing date: 5 May 2016
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 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. ODIHR draws its mandate in war crimes justice activities from commitments made by OSCE participating States to respect and ensure respect in all circumstances for international humanitarian law (IHL) (Helsinki 1992, Budapest 1994) and to hold individuals personally responsible for war crimes and violations of IHL (Stockholm 1992).
Compendium of Good Practices for Advancing Women’s Political Participation in the OSCE Region
Publishing date: 25 February 2016
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization, Gender equality
Publisher: Organization for Security and Co-operation in Europe
To mark 20 years since the launch of the Beijing Platform for Action, ODIHR has published this compendium of good practices to reflect on where progress has been made and identify some of the continuing challenges in achieving gender equality in politics. The compendium explores the participation of women through political parties, in elections, local politics and in parliaments, recognizing that these should be seen as connected and related areas.
Final Opinion on the Draft Act Amending the Act on the Commissioner for Human Rights of Poland
Publishing date: 17 February 2016
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 that the existing Polish legal framework fails to provide sufficient safeguards to protect the Commissioner for Human Rights of Poland and his or her staff from civil, administrative and criminal liability for all acts performed in good faith in their official capacities (“functional immunity”). Moreover, the Draft Act does not indicate with sufficient clarity the modalities and criteria to be taken into account by the Sejm (Polish Parliament) to ensure the fairness, transparency and impartiality of the procedure for lifting the Commissioner’s immunity in the context of criminal proceedings.
Preliminary Opinion on the Draft Act Amending the Act on the Commissioner for Human Rights of Poland
Publishing date: 27 January 2016
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 Preliminary Opinion covers only the Draft Act submitted for review, which will also be reviewed within the framework of other provisions of the Act on the Commissioner for Human Rights, as appropriate and relevant. Thus limited, the Opinion does not, however, constitute a full and comprehensive review of the entire legal and institutional framework regulating the protection and promotion of human rights and fundamental freedoms in Poland.
Summary Report- Migration Crisis in the OSCE Region: Safeguarding Rights of Asylum Seekers, Refugees and Other Persons in Need of Protection
Publishing date: 21 January 2016
Collections: Archive of freedom of movement-related resources
Content type: Report
Where we are: OSCE Office for Democratic Institutions and Human Rights
What we do: Democratization, Migration
Publisher: Organization for Security and Co-operation in Europe