Venice Commission observes progress of constitutional thought - ex-justice official
Any acceptable provision in the constitutional reform package will be incorporated in the final draft, says a former justice minister who works with the commission of specialists elaborating the amendments.
In an interview with Tert.am, Gevorg Danielyan commented on each of the proposals enshrined in the Venice Commission’s preliminary conclusion, saying that he isn’t opposed to the exclusion of several provisions from the basic law and their incorporation in separate legal acts. The former minister said he sees that the Commission has observed an essential progress of constitutional thought, especially with respect to several key provisions.
“The working session today was devoted entirely to the discussion of that preliminary conclusion. The draft submitted by us was preliminary in essence, so the purpose, at the current stage, was to have the acceptable proposals reflected in the final document. There will be discussions also with the specialists themselves in the format of a direct meeting, which will probably take place as soon as the draft text is complete,” he explained.
Asked to what extent he finds the proposals justified and debatable, Danielyan said he thinks that the 198-clause package can be conventionally divided into three parts to address the quality of the activities accomplished, as well as the proposals made and the shortcomings observed.
“First of all, they are the evaluations and opinions addressing the high quality of the activities accomplished. In particular, the Venice Commission has observed an essential progress of constitutional thought, especially with respect to several pivotal provisions. The second group includes the proposals, most of which were adopted and reflected [in the package], with others still being a subject of extra discussions with experts due to existing elements of misunderstanding. Last but not least, the third group includes the factual errors, which is to say, the experts have pointed to questions which wrere fully resolved but not properly understood due to mistranslation or incorporation of relevant clauses in different articles etc.”
Danielyan admitted that some of the proposals made by individuals and organizations were not accepted but promised that the commission will issue its clarifications in future. “The bill was essentially amended to the extent to which the proposals received were reflected in the document. Yes, some of the proposals were not accepted, but we will not leave our position on any proposal without clarification. At the current stage, we are working on the draft’s justifications to make clear with what considerations and arguments this or that option was approved,” he said.
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