Democratization
Constitutional Reform
ODIHR assistance in legal reform also extends to assistance in the field of constitutional reform. Following
the events of April 2010 in Kyrgyzstan, ODIHR, together with the OSCE Centre in Bishkek and the Council
of Europe’s Venice Commission, and with the support of the European Commission and the United Nations
Development Programme, organized a roundtable on constitutional reform in Bishkek on 13 May, ahead of
the constitutional referendum that took place in the country on 27 June. During the roundtable, opened by
interim President Roza Otunbayeva, more than 160 invited officials, international experts, academics and
civil society representatives reviewed proposed changes to provisions on the powers of the parliament, the
president and the judiciary, as well as to the electoral system. Participants also discussed provisions in the
Constitution related to fundamental rights and freedoms, constitutional review by the competent court, the
role of the prosecutor and the rights of minorities.
administrative procedure. Some of the reviews
were undertaken in co-operation with relevant
groups of experts working with ODIHR, i.e., the
Panel of Experts on Freedom of Assembly and
the Core Group of Experts on Political Parties.
Improving Legislative Efficiency and
Transparency
The development of standards, legislation and
regulations continues to play an important role
in society, by providing it with a framework and
structure. In establishing this order, regulations
directly affect core human rights and freedoms
and the ability of members of society to exercise
them. A well-established framework of rules
and regulations conceived through a transparent, participatory and efficient process makes
for predictable government and can help bring
prosperity and strengthen democracy.
OSCE commitments have long recognized
the importance of an open and transparent legislative process. Such a process should include
a number of key stages: policy analysis, regulatory-impact assessments, evaluations of
draft legislation and expert and public consultations. In the provision of assistance to
participating States on individual pieces of
legislation, ODIHR works to help address shortcomings that occur in cases where some or all
of these stages are missing or do not function
adequately.
For these reasons, an ODIHR focus over the
past five years has been on providing states with
assistance in the improvement of the legislative process. Technical assistance is provided
following a comprehensive assessment of the
legislative process in the participating State concerned in order to gain a detailed understanding
of the specifics of the legislative system, and
thus to design assistance tailored to the particular states.
In 2010, ODIHR, together with the OSCE
Mission to Serbia, officially presented to the
Serbian authorities the ODIHR Preliminary
Assessment Report on the Legislative System of the Republic of Serbia. The presentation
brought together international experts and
representatives of various governmental and
parliamentary bodies and agencies. Discussions
were primarily aimed at stimulating interest in
the improvement of the lawmaking process in
the country.
In 2010, following a request by the Minister
of Justice of the Republic of Moldova, ODIHR
also prepared the “Assessment of the Legislative
Process in the Republic of Moldova”, a comprehensive report that was presented and discussed
at a roundtable held in Chisinau on 3 November.
The roundtable brought together representatives
of the Moldovan authorities and practitioners
and academics familiar with Moldovan legislative practice and provided an illustration of the
process of lawmaking in the country, as well as
recommendations on improving its efficiency
and transparency.
Guidelines for Legislators
ODIHR assists legislators from OSCE participating States by developing guidelines on
specific and, often, complex legislative issues.
ODIHR guidelines on legislation offer advice
and expertise on the regulation of specific matters, and are based on universal and regional
treaties relating to the protection of human
rights and fundamental freedoms, evolving state
practice (as reflected, inter alia, in the judgments of domestic courts and commitments
of intergovernmental bodies), and the general
principles of law, all of which are recognized
by OSCE participating States in their human
dimension commitments.
ODIHR Annual Report 2010
25
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