The recent decision of the Venice Commission to allow entry of Kosovo in its composition will have a series of symbolic as well as practical consequences, and precedents in the work of this institution, which has a strong influence in international relations. We examined what will change in the ‘treatment’ of the southern province within “the European Commission for Democracy through Law,” and beyond.
By the admission of Kosovo a great precedent has been made, because so far all the members of the Venice Commission were – the states. With Kosovo, the Venice Commission now has 60 full members, from Europe and from all over the world, and has more members than Council of Europe (CoE).
Another major precedent of Venice Commission was that by majority votes was decided to “immediately” delete footnote which emphasizes neutrality status, unlike other international institutions. Asterisk after the name of Kosovo was ‘melted’ and Kosovo will, in the work of this Committee, participate equally with the others. Asterisk which relates to the Resolution 1244 in the work of the Venice Commission was used the last time while bringing the decision on admission.
In addition to enhanced symbolism, Pristina will have a specific legal power. When the Parliamentary Assembly, the Secretary General or a Member State of CoE request analysis of the legal system of a particular state in the areas of democracy, human rights and the rule of law, Kosovo will now participate equally in decisions. That’s how Kosovo will decide in case the Constitution of the Republic of Serbia would be discussed. Kosovo, through the work of the Venice Commission, will give an advisory opinion regarding the legal aspects of the resolution of certain conflicts in the continent.
“The Venice Commission is highly appreciated in the world and its opinions are not observed only in the Council of Europe, but in many non-governmental organizations and institutions across the globe,” said Panos Kakavijatos, spokesman of the CoE, in charge for the work of the Venice Commission.
However, though the decision has been made on June 11, on the official website still is written that the institution has 59 members. “Pristina has not yet determined its legal expert for the Commission, so that the membership in the Venice Commission would become effective. The decision is still new”, highlights Kakavijatos.
While Pristina officials claim that this is a very important step on the road to full membership in the Council of Europe, Panos Kakavijatos, however points out that these two things should not be connected. “The fact that Kosovo became a member of the Venice Commission does not mean that it will immediately become a member of the CoE. Those are completely separate issues,” says our source.
The Venice Commission, which was established in 1990, acts within the Council of Europe in Strasbourg. Still, it is an independent body that provides legal advices to its member countries how to bring into line their constitutions and judiciary with European rules. It was founded in 1990, meets four times a year in Venice, and has its permanent secretariat within the CoE in Strasbourg.
