Ministers’ Deputies
Notes on the Agenda

CM/Notes/1048/10.1 27 January 20091
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1048 Meeting, 11 February 2009
10 Legal questions


10.1 European Commission for democracy through law (Venice Commission)

Request from the Government of Peru for membership of the Enlarged Agreement establishing the European Commission for Democracy through Law

Reference documents

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Action
Accede to the request of Peru to become member of the Venice Commission.

The Secretary General of the Council of Europe received a letter dated 18 November 2008 from Mr José Antonio Garcia Belaunde, Minister of Foreign Affairs of Peru, requesting membership for his country with the European Commission for Democracy through Law.

The letter is reproduced in Appendix I to these notes.

Under the terms of Article 2(5) of the revised Statute of the Commission:

    "5. The Committee of Ministers may, by the majority stipulated in Article 20.d of the Statute of the Council of Europe, invite any non-member state of the Council of Europe to join the enlarged agreement. Members appointed by non-member states of the Council of Europe shall not be entitled to vote on questions raised by the statutory bodies of the Council of Europe.”

Following invitations by the Committee of Ministers, Kyrgyzstan became a member on 1 January 2004, Chile on 1 October 2005, Korea on 1 June 2006, Morocco on 1 June 2007, Algeria on 1 December 2007 and Israel on 1 May 2008. Tunisia was invited to accede on 15 May 2008.

Under the terms of the former Statute, Argentina, Canada, the Holy See, Japan, Kazakhstan, Mexico, Uruguay and the United States had been admitted as observers and Belarus as an associate member. South Africa enjoys a special co-operation status.

The contribution of Peru to the Commission’s budget will be fixed in accordance with the statute of the Commission.

Financing assured: YES

DRAFT DECISION

1048th meeting – 11 February 2009

Item 10.1

European Commission for democracy through law (Venice Commission) –
Request from the Government of Peru for membership of the Enlarged Agreement establishing the European Commission for Democracy through Law

Decision

The Deputies agreed to the request by Peru to join the Enlarged Agreement establishing the European Commission for Democracy through Law (Venice Commission) and invited Peru to appoint a member to sit on the Commission.

***

Appendix

UNOFFICIAL TRANSLATION

MINISTRY OF FOREIGN AFFAIRS
THE MINISTER

Lima, 18 November 2008

For the attention of His Excellency Terry Davis
Secretary General
Council of Europe

Distinguished Secretary General

I am writing to you in your capacity of Secretary General of the Council of Europe, to express the interest of Peru in acceding as a full member to the European Commission for Democracy through Law (Venice Commission), through the Constitutional Tribunal.

Peru recognises the benefits which accession to the Venice Commission would offer, in particular in strengthening democratic institutions, the rule of law and the protection of fundamental individual rights.

With this in mind, Peru hopes to count on your support, as well as that of the member States of the Council of Europe, for this request. Should this request be granted, Peru’s participation in the Venice Commission would be ensured through the Constitutional Tribunal, as the body responsible for respect of the constitution as a fundamental norm protecting the fundamental rights of the Peruvian people and the organisation of powers and political institutions of the country.

Please accept, Distinguished Secretary General, the expression of my highest consideration.

José Antonio Garcia Belaunde
Minister of Foreign Affairs

Note 1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.


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