THE VENICE COMMISSION AND CONSTITUTIONAL COURTS

Abstract

The European Commission for Democracy through Law, better known as the Venice Commission (VC) is an advisory body to the Concil of Europe. Primary way of functioning of the Venice Commission is by issuing opinions on constitutional provisions and other legal norms either on its own initiative, or on the initiative of other institutions entitled to request the VC’s opinion for the purpose of assistance in the field of constitutional law. Within its activities, the Venice Commission prepares various studies, amicus curiae opinions etc. In the first part of this paper, I will analyze the organization of the VC and its position in the institutional framework of the Council of Europe. The main topic of this paper are the activities of the Venice Commission concerning constitutional justice, that encompasses the mechanisms representing the foundation on which the VC acts on matters concerning constitutional justice and the attitude of the member states of the Council of Europe towards the VC’s opinions in this matter, and that will be observed through the prism of (non)application of the oppinions by the member states, depending on the presence or the absence of outside influences. I will particularly address the constitutional crisis in Poland, that began in the summer of 2015 and the role of the Venice Commission in the unraveling of the crisis.