The Rule of Law in Crisis? – Some Observations from the Perspective of the Venice Commission

Martin Kuijer

doi:10.5771/0030-6444-2018-4-530

Contents
- Chapter Expand | CollapseAuthorsPage
- 475–476 Titelei/Inhaltsverzeichnis 475–476
- 477–479 EDITORIAL 477–479
- 480–636 AUFSÄTZE 480–636
  - 480–482 Constitutional Court: The Dilemma of Law and Politics Andreas Voßkuhle Andreas Voßkuhle 480–482
  - 483–505 The Challenge of Maintaining the Rule of Law: Ensuring Legitimacy of Courts at National and Cross-National Levels Shimon Shetreet Shimon Shetreet 483–505
  - 506–529 The Rule of Law and Legitimacy in Emerging Illiberal Democracies András Sajó, Juha Tuovinen András Sajó, Juha Tuovinen 506–529
  - 530–551 The Rule of Law in Crisis? – Some Observations from the Perspective of the Venice Commission Martin Kuijer Martin Kuijer 530–551
  - 552–560 Domestic Infringements of the Rule of Law as a European Union Problem Marek Safjan Marek Safjan 552–560
  - 561–569 Post-Revolutionary Europe? Pavel Rychetský Pavel Rychetský 561–569
  - 570–582 Judicial Independence – French and European Perspectives Emmanuel Cartier Emmanuel Cartier 570–582
  - 583–599 Changes of the Judicial Structure in Hungary – Understanding the New Authoritarianism Zoltán Fleck Zoltán Fleck 583–599
  - 600–606 A Tale about Poland – Introduction to the Situation in Poland Peter Oliver Loew Peter Oliver Loew 600–606
  - 607–623 Convulsions in the Rule of Law Ewa Łętowska Ewa Łętowska 607–623
  - 624–636 Anti-Constitutional Transformation in Poland: Dimensions, Sources, and Prospects Wojciech Sadurski Wojciech Sadurski 624–636
- 637–640 AUS JUSTIZ UND RECHTSPRECHUNG IN OSTEUROPA 637–640
- 641–641 AUS DER RECHTSPRECHUNG DES EGMR 641–641
- 642–645 ABSTRACTS 642–645
- 646–646 AUTOREN 646–646
- 647–647 IMPRESSUM 647–647
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OER Osteuropa Recht , page 530 - 551

The Rule of Law in Crisis? – Some Observations from the Perspective of the Venice Commission

Autoren

Martin Kuijer

DOI
- doi.org/10.5771/0030-6444-2018-4-530
- ISSN: 0030-6444
- ISSN online: 2366-6730
Abstract

The European Commission for Democracy through Law - better known as the Venice Commission - is the Council of Europe’s advisory body on constitutional matters. In this article, the existence of serious threats to the rule of law will be elaborated on. There are various methods in order to conduct such an exercise. This contribution is limited to the overarching trend to use legislative amendments to repress those who disagree with government policies, those who could potentially disagree with the government line, or those who are otherwise considered to be an ‘opponent’ to the regime. When examining those threats, a distinction will be made between those measures which target the judiciary (including constitutional justice), the press, and civil society. Reference will be made to opinions adopted by the Venice Commission over the last five years (in a non-exhaustive manner). Because of this angle (opinions, statements and studies of the Venice Commission), this article does not provide an exhaustive picture of the ‘Rule of Law’ landscape, nor is that the intention of this article. Some thoughts as to the underlying explanations for such a ‘Rule of Law crisis’ will be discussed. In the concluding part, some more personal comments will be made how a body such as the Venice Commission can respond to the before-mentioned threats to the Rule of Law.

Zusammenfassung

The European Commission for Democracy through Law - better known as the Venice Commission - is the Council of Europe’s advisory body on constitutional matters. In this article, the existence of serious threats to the rule of law will be elaborated on. There are various methods in order to conduct such an exercise. This contribution is limited to the overarching trend to use legislative amendments to repress those who disagree with government policies, those who could potentially disagree with the government line, or those who are otherwise considered to be an ‘opponent’ to the regime. When examining those threats, a distinction will be made between those measures which target the judiciary (including constitutional justice), the press, and civil society. Reference will be made to opinions adopted by the Venice Commission over the last five years (in a non-exhaustive manner). Because of this angle (opinions, statements and studies of the Venice Commission), this article does not provide an exhaustive picture of the ‘Rule of Law’ landscape, nor is that the intention of this article. Some thoughts as to the underlying explanations for such a ‘Rule of Law crisis’ will be discussed. In the concluding part, some more personal comments will be made how a body such as the Venice Commission can respond to the before-mentioned threats to the Rule of Law.
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