The Venice Commission has 61 members states: the 46 Council of Europe member states, plus 15 other countries (Algeria, Brazil, Canada, Chile, Costa Rica, Israel, Kazakhstan, the Republic of Korea, Kosovo*, Kyrgyzstan, Morocco, Mexico, Peru, Tunisia, and the USA). The Venice Commission can provide support to Ombudsman institutions in these states.
The role of the Venice Commission – whose full name is the European Commission for Democracy through Law – is to provide legal advice on issues of constitutional law to its member states. The aim of the assistance given by the Venice Commission is to provide a complete, precise, and objective analysis of the compatibility of laws and constitutional provisions with European and international standards, but also of the practicality and viability of the solutions envisaged by the States concerned. Assisting states in the constitutional and legislative field to ensure the democratic functioning of their institutions and respect for fundamental rights is one of the Venice Commission’s key tasks. The Commission has produced international reference texts as the “Principles on the Protection and Promotion of the Ombudsman Institution”, known as “the Venice Principles”, which have been endorsed by the Committee of Ministers of the Council of Europe, the Parliamentary Assembly of the Council of Europe and the Congress of Local and Regional Authorities of the Council of Europe. The Venice Principles have been recognised by the General Assembly of the United Nations as the new global standard for Ombudsman institutions (A/RES/75/186 and A/RES/77/224).
Parliaments, Governments, Constitutional Courts,¹ Ombudsman Institutions of members states² as well as the Council of Europe bodies and international organisations involved in the Commission’s work (i.e. EU, OSCE/ODIHR, OAS) can request an opinion to the Venice Commission.
☑ Public support
☑ Private and diplomatic engagement
☑ Policy recommendations
☑ Legal opinions
☑ In-country missions
☐ Funding and direct support
☑ Other actions
For urgent action: Please contact the Secretariat of the Venice Commission, DGI, Council of Europe 67075 Strasbourg Cedex.
For early warning of a deteriorating situation or for any other information: Please contact Mr Domenico Vallario, Legal Advisor, Venice Commission.
Public letter: In 2021, when the Romanian Parliament intended to dismiss the Romanian Ombudsman before the end of her term of office, the President of the Commission wrote an open letter to the President of the Chamber of Deputies and the President of the Senate to remind them of the international standards, in this case the “Venice Principles”, concerning the early termination of the Ombudsman’s term of office.
In 2021, upon request of the People’s Advocate of Moldova, the Venice Commission published an opinion on a draft law amending acts relating to the Ombudsman institution. Further, in 2020, in the context of transitional arrangements at the Polish Ombudsman institution, the President of the Commission issued a public statement reminding of the international standards concerning States’ duty to refrain from taking action aiming at or resulting in the suppression of the Ombudsman institution or in any hurdles to its effective functioning, and to effectively protect the Ombudsman institution from any such threats.
The Commission’s first task is to give opinions: requesting an opinion from the Commission on a draft law or reform affecting the institution is certainly a good way of promoting and protecting the institution.
The opinion will be based mainly on the Venice Principles, which are the most demanding and comprehensive standards for Ombudsman institutions. Institutional support can also be foreseen by promoting a better understanding and application of the Venice Principles and their guarantees.
In 2022, the Venice Commission gave an opinion on the Law on the creation and functioning of the Ombudsman of Andorra. Following this opinion, the Parliament started a legislative process to amend the law, which ended on 7 November 2024 with the adoption of the new Law which implements the majority of Venice Commission’s recommendations with a view to its alignment with the Venice Principles.
Operational support in cooperation with other sectors of DGI, Council of Europe, to improve independent governance and promote the protection of individuals’ rights, staff capacity building and visibility, via conferences, workshops, study visits, peer to peer exchanges can be envisaged.
