The European Commission for Democracy through Law

Abstract:

The European Commission for Democracy through Law – usually referred to as the Venice Commission – is the Council of Europe’s expert body on constitutional law. Composed of independent members from each of the member states, the Venice Commission advises states on legal reforms within the fields of 1) democratic institutions and fundamental rights, 2) constitutional justice and ordinary justice, and 3) elections, referendums and political parties. Through its “case law”, the Commission also develops European standards and best practices in its fields of expertise. While the Commission has no formal supervisory role vis-à-vis the member states, it is frequently being employed by the Council of Europe as a “watchdog” against rule of law backsliding in the member states. The presentation will discuss the following topics: What is the Venice Commission? What does it do? How does it work? How do the Venice Commission relate to the EU? Is the Venice Commission relevant for “old democracies”, like Denmark and Norway? How can the Venice Commission be useful for comparative and European legal research?

Bio:

Eirik Holmøyvik is professor of law at the University of Bergen, Norway. He teaches and researches in constitutional law, constitutional history as well as human rights law. He has served as an expert for the Norwegian Government and Parliament on several legislative reforms and inquiries. He has been a member of the Council of Europe´s Venice Commission since 2016, where he has been rapporteur on 25 opinions on reforms of constitutions, electoral laws, courts, and democratic institutions in Council of Europe member states. He was also rapporteur on the Venice Commission’s amicus curiae brief to the ECtHR in the Grand Chamber case Mugemangango v. Belgium. Two recent academic publications are Kriseregulering. Lovgivning under koronakrisen (Benedikte M. Høgberg, Eirik Holmøyvik, Christoffer C. Eriksen, red.), Fagbokforlaget: Bergen 2023, and «The Right to an Effective (and Judicial) Examination of Election Complaints», European Yearbook of Human Rights 2021, Intersentia: Cambridge 2021, p. 541-567.

Registration

Please register no later than 18 September 2023 by using this registration form.