Rule of law and judicial independence according to the Venice Commission

Abstract

This article deals with the Venice Commission doctrine on the independence of the judiciary in the context of the Rule of law, separation of powers and rights’ guarantees. In particular, the text focuses on the composition and appointment of the Judicial Council members. In new democracies the Venice Commission is in favour of these organs, aware that this might not be necessary in consolidated old democracies. The Venice Commission urges for a plural composition, with a majority of its members selected by the very same judges and the rest by the Parliament, with qualified majorities. This is how the Venice Commission intends to avoid both corporativism and politization.