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Contact:legislationline@odihr.pl

Legislationline.org provides direct access to international norms and standards relating to specific human dimension issues (see list of topics on left-hand column) as well as to domestic legislation and other documents of relevance to these issues. These data and other information available from the site are intended for lawmakers across the OSCE region.     

 

 

 

 
 

OSCE/ODIHR has recently produced the following legal reviews and guidelines:


Comments on the Draft Constitution of Turkmenistan (21 July 2016)

While noting some positive features of the Draft Constitution compared to the existing Constitution, the OSCE/ODIHR Comments contain recommendations to further improve the Draft Constitution’s compliance with OSCE human dimension commitments and international human rights and rule of law standards. The OSCE/ODIHR hopes that they will provide useful insights for the constitutional drafters to consider even more comprehensive and fundamental changes, including a clearer division of competencies, more efficiency of state institutions, more effective checks and balances, and an enhanced system for human rights protection.



Preliminary Joint Opinion on the Draft Law on Introduction of Changes and Amendments to the Constitution of the Kyrgyz Republic (29 August 2016)


The Draft Amendments propose changes to constitutional provisions on the status of international human rights treaties and their position in the hierarchy of norms, the separation of powers, the dismissal of members of Cabinet, the manner of appointing/dismissing heads of local state administration, the independence of the judiciary and of judges as well as the roles of the Supreme Court, and of the Constitutional Chamber, among others. The OSCE/ODIHR and the Venice Commission note that the proposed amendments to the Constitution may negatively impact the balance of powers by strengthening the powers of the executive, while weakening both the parliament and, to a greater extent, the judiciary. In particular, although the Constitutional Chamber is retained as such, the Draft Amendments would seriously affect its institutional status and role as an effective organ of judicial constitutional review. Moreover, some of the proposed amendments raise concerns with regard to key democratic principles, in particular the rule of law, the separation of powers and the independence of the judiciary, and have the potential to encroach on certain human rights and fundamental freedoms.


Opinion on the Draft Amendments to the Criminal Procedure Code of the Republic of Armenia (15 July 2016)

While the Opinion acknowledges that the Draft Amendments overall improve the transparency of criminal investigations, it also provides concrete recommendations for improvement, in particular to guarantee the impartiality and independence of attesting witnesses during criminal proceedings.  


ODIHR's work on regulatory reform:


Assessment of the Legislative Process in the Kyrgyz Republic (October 2015)

Based on a Memorandum of Understanding, signed between the OSCE/ODIHR and the Presidential Administration of the Kyrgyz Republic on 7 January 2015, the OSCE/ODIHR conducted a comprehensive assessment of the legislative process in the Kyrgyz Republic, which analyzed all the legislative and practical aspects of the law-making process in the country, and provided recommendations for reform. 

ODIHR's assessment report recommends, among other measures, to introduce unified evidence-based drafting and law-making standards in the Kyrgyz Republic, including public consultations on draft laws. It further advises law-makers to enhance policy discussions at the start of the legislative process, and to introduce more realistic procedural deadlines. 

Assessment of the Legislative Process in Georgia (January 2015)  

Based on a Memorandum of Understanding, signed between the OSCE/ODIHR and the Parliament of Georgia on 24 February 2014, the OSCE/ODIHR conducted a comprehensive assessment of the legislative process in Georgia, a situational analysis of both the formal procedures and the actual practices in Georgia that apply to the preparation, drafting, enactment, publication, communication and evaluation of legislation.

The assessment report discusses the salient aspects of the legislative drafting / law-making process in the country and identifies the existing concerns and risks as well as a number of goals to be achieved in order to enable the law-making system to function in a more effective, transparent and efficient way. 



 

Legal Reviews

Opinion on the draft law of Ukraine "On Public Consultations" (in English)

Date : 19 September 2016 English [0.70 MB]

Opinion on the draft law of Ukraine "On Public Consultations" (in Ukrainian)

Date : 19 September 2016 English [0.63 MB]

Comments on the Draft Constitution of Turkmenistan (in English)

Date : 01 September 2016 English [0.96 MB]
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Lawmaking surveys

Assessment of the Legislative Process in the Kyrgyz Republic

Date : 08 December 2015 English [0.56 MB]

Assessment of the Legislative Process in Georgia

Date : 30 January 2015 English [0.37 MB]

Assessment of the Legislative Process in Georgia (in Georgian)

Date : 30 January 2015 Georgian [0.45 MB]
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