Doc. 9406

8 April 2002

Composition of the European Commission for Democracy through Law (Venice Commission)

Recommendation 1542 (2001)

Reply from the Committee of Ministers

adopted at the 790^th meeting of the Ministers’ Deputies (26 March 2002)

The Committee of Ministers has carefully examined Recommendation 1542 (2001) and, in particular, the Assembly’s proposal of a mechanism designed to ensure the independence of the members of the Venice Commission.

The Committee fully shares the Assembly’s estimation of the importance of the Commission and the absolute necessity of ensuring that its members may act independently.

As the Assembly points out in paragraph 7 of the recommendation, the Venice Commission has itself prepared a revised Statute, not least in view of the need to transform the partial agreement into an enlarged agreement. The Committee of Ministers has conducted a lengthy and in-depth review of this draft, giving particular consideration to various proposals regarding the mechanism for the designation of members and substitutes.

This review culminated, at the 784th meeting of the Ministers’ Deputies (February 2002), in the adoption of Resolution Res(2002)3 adopting the revised Statute of the European Commission for Democracy through Law. The passage in this text relevant to the matters raised in Recommendation 1542 reads as follows:

      “Article 21.

1. The Commission shall be composed of independent experts who have achieved eminence through their experience in democratic institutions or by their contribution to the enhancement of law and political science. The members of the Commission shall serve in their individual capacity and shall not receive or accept any instructions.

2. There shall be one member and one substitute in respect of each member state of the Enlarged Agreement. The member and substitute shall be appointed by the member state concerned and shall have the qualifications required by the first paragraph of this article as well as the capacity and availability to serve on the Commission.

3. Members shall hold office for a four-year term and may be reappointed. During their term of office members may only be replaced if they have tendered their resignation or if the Commission notes that the member concerned is no longer able or qualified to exercise his or her functions.

[....]”

This wording reflects the Committee of Ministers’ view that the present system of designation by governments is not incompatible with the independence of the Commission or of its members. It was in this spirit that, following the adoption of the abovementioned resolution, the Chairman noted that the Deputies agreed that governments should take full account of the terms of Article 2, paragraphs 1 and 3 of the revised Statute when designating members of the Venice Commission.