SPEECH BY MR MEVLÜT ÇAVUŞOĞLU,
PRESIDENT OF THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE

ON THE OCCASION OF THE CEREMONY
TO COMMEMORATE THE 20^TH ANNIVERSARY
OF THE EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW

Venice, Saturday 5 June 2010

Chairman,

Secretary General

Excellencies

Ladies and Gentlemen,

What a pleasant occasion to meet you and what a beautiful setting.

Twenty years ago, when the European Commission for Democracy Through Law was created, the brightest idea besides the Commission itself was probably the choice of its location. Venice is such a special, unique place, that political leaders and representatives of parliaments and governments always find a way to participate in meetings which take place here, despite of their very busy agendas.

Today, of course, it comes as no surprise that many distinguished personalities are gathered here, as the 20^th anniversary of the Venice Commission deserves to be celebrated in a very solemn way.

During these 20 years, the Commission’s prestige and influence has grown incessantly. It has upheld the legal values of the Council of Europe within and beyond the borders of our Continent. I hardly need to remind you of the role it played during the Council of Europe’s “enlargement”, when the new democracies from Central and Eastern Europe became members of our Organisation. The Council of Europe helped them reshape their institutions and their basic legal texts. The Venice Commission was a major engine in this process.

Representing the Parliamentary Assembly, I would like to underline the importance of the cooperation between the Commission and the Assembly. A cooperation which originates from the different nature of our respective bodies, and from our similar goals.

The Parliamentary Assembly is of course strictly political, its members are national parliamentarians, democratically elected in their countries. The Venice Commission, on the other hand, is eminently legal: its impartial, non-political nature is crucial for its credibility and prestige. Law is general: it does not apply to just one party. Each player in the political game knows that Constitutional rules bind all competitors, and abiding by them guarantees the rights of all. The power of the opinions and the other documents emanating from the Commission lies precisely in the impartiality and strictly legal character of this body. Being legal and not political, means that the opinions of the Venice Commission are widely recognised and accepted by all political forces, regardless of their orientation.

This difference in nature does not prevent the Commission and the Assembly from cooperating effectively on common goals. On the contrary, the mission of our two bodies often coincides, which allows us to work together and reinforce the impact of our respective actions.

The most visible and recurrent instance of our cooperation is that of electoral observation missions. In this connection, I wish to mention the Council for Democratic Elections, composed of members of the Assembly and the Commission, as well as the Congress of Local and Regional Authorities, and to underline that representatives of the Parliamentary Assembly have always played a very active role in the activities of that Council. We also appreciate that, for some difficult election observation missions, experts from the Venice Commission join our delegation to provide their expertise and legal advice.

In some cases, the Venice Commission acted on proposals made by the Parliamentary Assembly. I would like to mention a recent example, the Code of good practice in the field of political parties, adopted by the Venice Commission, on the basis of an idea originally proposed by the Assembly.

Another aspect of the Venice Commission is of particular value and worth mentioning: the high number of members from countries beyond the borders of the Council of Europe.

This Commission for Democracy through Law is no longer just “European”: its heart beats in Europe and it feeds on the legal culture of our Continent. However, a number of countries from the other continents, ranging from our neighbours of the Maghreb to far away South America, are now members of the Venice Commission. That shows that the Commission is open to exchanges with a wide range of countries, whose constitutional framework and political situation may differ, but also shows the interest that the cultural wealth and legal know-how of the Commission raise beyond our borders.

This goes exactly in line with the policies of the Parliamentary Assembly and my own priorities, to involve more closely non-member states in our activities.

As some of you probably know, the Parliamentary Assembly has recently adopted a new status for Parliaments of countries which are not members of the Council: the “Partnership for Democracy”. In a way we are following the example of the Venice Commission, opening our Assembly to further exchanges with countries from our neighbourhood. Unsurprisingly, some of the states which are currently members of the Commission were the first to show their interest for this new Partner for Democracy status at the Assembly. About a month ago we received an official request from the Moroccan Parliament to be granted the status of Partner for Democracy.

As everyone who is involved in defending Human Rights, Democracy and the Rule of Law knows, our work is never over. No achievement is guaranteed to last forever and setbacks are always possible. Moreover, democracy constantly faces new challenges. Our society evolves and the legal framework has to follow. For all these reasons, we will need the Venice Commission for a long time ahead. I will not simply wish this Commission twenty more years of fruitful, constructive work. I hope its action will go on much longer. Let me congratulate the Venice Commission, its members and highly qualified staff, and wish them the best all for their future challenges.

“Grazie mille e buon lavoro”.