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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.                              

 

 
 

The OSCE/ODIHR has recently produced the following legal reviews:

Opinion on the Draft Criminal Procedure Code of the Republic of Armenia
(23 April 2013)


The draft Criminal Procedure Code of Armenia generally complies with international standards, although certain provisions could benefit from further consideration, concludes an opinion published by the OSCE/ODIHR on 14 May 2013.

The opinion, prepared in response to a request by the Minister of Justice, finds that the draft Code is aimed at expediting criminal proceedings, safeguarding defendants’ right to a fair trial, protecting victims and witnesses, and providing for participatory rights for victims.  The opinion commends a number of novel and progressive institutions and procedures introduced by the draft Code, such as the judicial deposition procedure.

The Opinion also notes that certain provisions of the draft Code could benefit from further consideration and possible revision, and offers recommendations on how these provisions could be amended to ensure conformity with Armenia’s international obligations. Among the provisions highlighted are those articles of the draft Code regulating the right to a public hearing, the principle of equality of arms, rules on the removal or disqualification of judges, the legal reasoning in handing down decisions on detention and certain rights of the defence.
 
Opinion on the Draft Law of the Kyrgyz Republic on Forensic Examination
(9 April 2013)


On 24 January 2013, the OSCE Centre in Bishkek received a request from the Minister of Justice of the Kyrgyz Republic to review the draft Law of the Kyrgyz Republic on Forensic Examination, against the background of its compatibility with international standards. The ODIHR Opinion, drafted in response to the said request, highlights that certain provisions of the draft Law could benefit from further revision and amendments.

Joint Amicus Curiae Brief on the Prohibition of the Use of Symbols of the Totalitarian Communist Regime and of the Promotion of Totalitarian Ideologies of the Republic of Moldova (11 March 2013)
In November 2012, the Constitutional Court of the Republic of Moldova requested an amicus curiae brief relating to Law No. 192 of 12 July 2012, which banned the use of communist symbols (the hammer and sickle and any carrier of it) in the Republic of Moldova through the amendment of three laws: the law on political parties, the code of contraventions, and the law on freedom of expression. The request for the amicus curiae was sent both to the Venice Commission and the OSCE/ODIHR.

As per standard procedure in cases where similar requests are received, the Venice Commission and the OSCE/ODIHR decided to prepare a joint opinion on the subject matter, of which they informed the Constitutional Court of Moldova. The present opinion was adopted by the Venice Commission at its 94th Plenary Session (Venice, 8-9 March 2013).

ODIHR's work on legislative guidelines:

Second edition of the OSCE/ODIHR - Venice Commission Guidelines on Freedom of Peaceful Assembly (2010), endorsed by the Venice Commission in June 2010, was launched by Legislative Support Unit on 4 October 2010 during a side event at the OSCE Review Conference in Warsaw. The Guidelines are designed for practitioners in many sectors: drafters of legislation and those implementing it, as well as those affected by the implementation. Recognizing the great diversity of country contexts, the Guidelines do not attempt to provide ready-made solutions but, rather, to clarify key issues and discuss possible ways to address them.


OSCE/ODIHR - Venice Commission Guidelines on Political Party Regulation
The Guidelines on Political Party Regulation were developed by the OSCE/ODIHR jointly with the Venice Commission through an extensive consultative process, which included two expert meetings and three thematic roundtables on issues such as women's political participation; public funding of political parties and abuse of state resources; and the participation of political parties in elections and the prohibition and dissolution of political parties.  The primary goal of the Guidelines is to assist law-makers and practitioners from various OSCE participating States in the crucial matter of ensuring a fair regulation of political parties.  Following the adoption of the Guidelines, in September 2011 the OSCE/ODIHR set up an advisory body, the Core Group of Experts on Political Parties, which will assist it in providing expert assistance to OSCE participating States in the review and assessment of political party legislation.

 

 



ODIHR documentation center
 

Legal Reviews

Opinion on the Draft Criminal Procedure Code of the Republic of Armenia

Date : 23 April 2013 English [0.34 MB]

Annex 1 to Opinion on the Draft Criminal Procedure Code of the Republic of Armenia

Date : 23 April 2013 English [1.67 MB]

Opinion on the Draft Law of the Kyrgyz Republic on Forensic Examination

Date : 09 April 2013 English [0.35 MB]
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Lawmaking surveys

Law Drafting and Legislative Process in the Republic of Serbia: An Assessment (2011)

Date : 30 December 2011 English [0.69 MB]

Assessment of the Legislative Process in the Republic of Moldova

Date : 15 September 2010 English [0.61 MB]

Preliminary Assessment on the Legislative Process in the Republic of Serbia

Date : 21 October 2009 English [1.09 MB]
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