The ODIHR has recently produced the following legal opinions:

                                                                                                                                                         
The ODIHR has recently produced the following legal opinions:
 
• Opinion on the Draft Law on Domestic Violence in Kazakhstan (25 May 2009)
The Opinion was drafted based on an official request from the Ministry of Interior of Kazakhstan. Following its submission to the requesting party, expert consultations took place in Astana and Almaty between January and June 2009. Preliminary consultations took place in Astana in January 2009, followed by meetings held on account of the Conference on Domestic Violence, co-organized by the OSCE Centre in Astana in February 2009. The recommendations contained in the Opinion have also been discussed at a roundtable conducted in the Lower Chamber of Parliament [Mazhilis] in June 2009 with the participants of experts from Bulgaria, the Czech Republic and the United States who made presentations on State practices on these issues from different OSCE countries.  Following adoption of the law by the Parliament, the ODIHR's opinion will be updated and published on Legislationline.
 
• Joint OSCE/ODIHR – Venice Commission Opinion on the Draft Law on Assemblies of the Kyrgyz Republic (29 April 2009)
The OSCE/ODHIR Expert Panel on Freedom of Assembly and the European Commission for Democracy through Law of the Council of Europe [Venice Commission] have carried out a joint review of the Kyrgyz Draft Law on Assemblies prepared by the Ombudsman who has also expressed an interest in consultations on the draft law with experts from the ODIHR and the Venice Commission who drafted the Opinion. [the full text of the Opinion is available at …]
 
• Opinion on the Draft Law of the Kyrgyz Republic Pertaining to Non-commercial Organizations (7 April 2009)
The Draft Law “On Amendments and Addenda to Some Legal Acts of the Kyrgyz Republic” that pertained to the issue of non-commercial organizations was reviewed upon the request of the OSCE Centre in Bishkek following a meeting with the Speaker of the Kyrgyz Republic. The Opinion analyzes this Draft Law in terms of its compatibility with the relevant international and regional standards as well as OSCE commitments pertaining to the freedom of association.  Also the Opinion draws upon the relevant case law and international good practice relating to the regulation of public non-commercial organizations. The Opinion was presented to Kyrgyz officials, international and civil society stakeholders at a roundtable, held in Bishkek on 21 April. [the full text of the Opinion is available at …]
 
•  Joint OSCE/ODIHR-Venice Commission Opinion on the Draft Law on Political Parties of the Kyrgyz Republic (25 June 2009)
The ODIHR Legislative Support Unit and the European Commission for Democracy through Law of the Council of Europe [Venice Commission] have jointly reviewed the Kyrgyz Draft Law on Political Parties. The opinion had been requested by the Deputy Chairperson of the Parliamentary Committee on Ethics and Regulations of the Kyrgyz Republic on 7 May [the full text of the Opinion is available at …] 


ODIHR activities in the field of "democratic lawmaking":

• In January 2008, the ODIHR released its assessment of the legislative system of the former Yugoslav Republic of Macedonia, which had been requested by the Ministry of Justice and the General Secretariat of the Government. The assessment report contains recommendations pointing to the areas where additional steps are necessary in order to increase the efficiency and transparency of the system. Decision was subsequently made to have an inter-institutional working group established with the task of implementing these recommendations. Members of this working group are representatives from the government and the parliament. They are responsible for piloting a process of consultations among experts and state officials involved in lawmaking activities with a view to formulating specific recommendations addressing the problems identified in the ODIHR report. The recommendations are expected to result from discussions held at a series of workshops, three of which have already taken place during the first half of 2009 (one more to come in October). The recommendations will then be assembled in a single document to be submitted to the government and the parliament, most probably during the first trimester of 2010. This process is supported jointly by the ODIHR and the OSCE Spillover Monitor Mission to Skopje.

• In Serbia, at the request of the OSCE Mission to Serbia, the ODIHR commissioned a preliminary review of the legal framework governing lawmaking activities. The review is expected to lay the foundation for a comprehensive assessment, which would look not only into the legislation, but also into how the latter is implemented in practice. The review is expected to be finalized in August 2009.

• In Turkmenistan, the ODIHR is currently preparing the third in a series of three workshops on lawmaking and regulatory management issues. These three workshops have in common to aim at increasing the exposure of Turkmen lawmakers to law-making techniques, mechanisms and procedures used in other OSCE participating States. They had been requested by the State authorities and conducted with the support of the OSCE Centre in Ashgabat. The National Institute for Democracy and Human Rights is the OSCE counterpart for these initiatives. The first workshops took place in May 2008, the second in February 2009, while the third and last workshop is scheduled on 23-24 September on the subject ”Interaction of Government and Parliament through Different Stages of the Legislative Process”

ODIHR's work on legislative guidelines:

• OSCE/ODIHR-Venice Commission Guidelines on Freedom of Peaceful Assembly
  These Guidelines have been launched in March 2007 and endorsed by the Venice Commission of the Council of Europe in June 2008. At the last Panel’s meeting in June 2009, decision was made to undertake work on a second edition of the Guidelines considering the developments that took place over the last two year as well as the need to strengthen the text on a range of subjects. The second edition will also reflect the recent evolution of the case-law of the European Court of Human Rights. 2009 will see the Expert Panel meeting twice: a second meeting is scheduled beginning of October.
• OSCE/ODIHR Guidelines on Political Party Legislation
  The ODIHR is currently developing Guidelines on Political Party Legislation for the use of legislators engaged in framing new legislation or amending existing laws, as well as for those overseeing the implementation of such legislation. The Guidelines will provide guidance to legislators and law enforcement personnel in drafting and implementing legislation relating to political parties. They will elucidate parameters for implementation consistent with OSCE commitments and other relevant international standards, taking advantage of good practices observed across the OSCE region. A group of political party experts met in London in April 2009, and agreed on a work-plan, which includes the convening of thematic roundtable on those issues where more specific expertise proves necessary. The theme addressed at the first such thematic roundtable was “Women’s Participation in Political Parties” (Warsaw, 23-24 June 2009). Two more thematic roundtables are scheduled: “Public Funding and Abuse of State Resources” to be held in Athens (17-18 September) and “Political Parties & Elections and Restrictions, Prohibitions and Regulations”, which will be organised in Chisinau in November. The Venice Commission is fully involved in this process.

Search international norms and standards on democratic lawmaking

• United Nations
• Council of Europe
• OSCE
• OECD
• Others

Search EU/EC documents