The Venice Commission as an International Constitutional Court
In domestic political and legal life, the Venice Commission is an almost unavoidable actor. This advisory body of the Council of Europe, composed of constitutional law experts appointed by member states, is tasked with providing opinions and guidelines on constitutional law issues, thus serving as a forum for the systematization and transfer of (constitutional) legal knowledge. Its opinions are invoked by both the government and the opposition, used to legitimize constitutional changes, amendments and additions to laws, and often used as an argument in daily political disputes. At one moment, the Venice Commission is a "supreme authority" whose decisions must be respected – at another, a "foreign body" whose recommendations are easily "set aside".
TL;DR
- The Venice Commission is an advisory body of the Council of Europe composed of constitutional law experts.
- It provides opinions and guidelines on constitutional law issues, acting as a forum for legal knowledge.
- Its opinions are used by governments, opposition, and in political disputes, legitimizing legal changes.
- Research suggests the Commission functions as an international constitutional court, influencing legal standards without formal powers.
- The non-binding nature of its opinions contrasts with their significant impact on national courts and legislatures.
- This creates a 'soft' normative power, shaping what is considered constitutionally acceptable.
- The influence raises questions about legitimacy and control over a body that impacts constitutional standards without being directly elected or subject to classical legal control.