VENICE COMMISSION AS SUBJECT OF NATIONAL LAW INTERPRETATION
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
28.07.2016
Accepted:
28.07.2016
Published:
28.07.2016
Language:
Russian
Keywords:
the Venice Commission, partial and enlarged agreements of the Council of Europe, incorporation and non-corporate documents of the Commission, law interpretation, international interpretation of national law, typical and non-typical acts of interpretation, consolidation of approaches towards the content of European legal standards, generation of legal concepts and categories.
Abstract (English):
The article reveals specific characteristics of the international legal status of the Venice Commission of the Council of Europe, which allows to understand its purpose and provide legal assessment of various aspects of its activities. On the basis of the analysis of documents adopted by the Commission, their types and content, the author considers peculiarities of interpretation by the Commission of national legal rules. Interpretation of the national law by the Commission, which the author categorizes as a kind of international interpretation, is carried out through the lens of multifunctional legal standards of the Council of Europe. It serves the purpose of improving national legislation, consolidation of approaches on the part of the member states to the Commission and international organizations towards understanding of the contents of the European standards and generation of new legal concepts and categories. The author identifies typical and non-typical acts of interpretation of law by the Commission, establishes their relation with the types of acts of interpretation known in the theory of law. The author concludes the research by stating that the Venice Commission is a new subject of national law interpretation, and its law-interpreting activity is a phenomenon in law, the nature of which requires a separate study.
The article reveals specific characteristics of the international legal status of the Venice Commission of the Council of Europe, which allows to understand its purpose and provide legal assessment of various aspects of its activities. On the basis of the analysis of documents adopted by the Commission, their types and content, the author considers peculiarities of interpretation by the Commission of national legal rules. Interpretation of the national law by the Commission, which the author categorizes as a kind of international interpretation, is carried out through the lens of multifunctional legal standards of the Council of Europe. It serves the purpose of improving national legislation, consolidation of approaches on the part of the member states to the Commission and international organizations towards understanding of the contents of the European standards and generation of new legal concepts and categories. The author identifies typical and non-typical acts of interpretation of law by the Commission, establishes their relation with the types of acts of interpretation known in the theory of law. The author concludes the research by stating that the Venice Commission is a new subject of national law interpretation, and its law-interpreting activity is a phenomenon in law, the nature of which requires a separate study.
Keywords:
the Venice Commission, partial and enlarged agreements of the Council of Europe, incorporation and non-corporate documents of the Commission, law interpretation, international interpretation of national law, typical and non-typical acts of interpretation, consolidation of approaches towards the content of European legal standards, generation of legal concepts and categories.
the Venice Commission, partial and enlarged agreements of the Council of Europe, incorporation and non-corporate documents of the Commission, law interpretation, international interpretation of national law, typical and non-typical acts of interpretation, consolidation of approaches towards the content of European legal standards, generation of legal concepts and categories.
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