Chapter 3. The Council of Europe
The ECtHR is the CoE’s permanent judicial body, which oversees the interpretation
and implementation of the European Convention on Human Rights (ECHR) (Article 32
ECHR). The ECtHR has 47 judges (Article 20 ECHR) who are elected by PACE
(Article 22 ECHR).
Two further bodies of the CoE that are relevant to this research are the European
Commission for Democracy through Law (CDL) – also called the Venice Commission
(VC) because its plenary session are held in Venice – and the European Committee on
Legal Co-operation (CDCJ).
The CDL is an independent consultative body, which cooperates with its members
(Article 1 Revised Statute of the European Commission for Democracy through Law).
These members are all CoE member states, but also other countries, such as Brazil,
Morocco, and the United States. The CDL is composed of independent experts and aims
to promote rule of law, human rights and democracy, as well as common constitutional
heritage, providing legal advice to its member states. 501 Since its establishment in May
1990, the CDL has furthermore regularly commented on national laws of the member
states concerning nationality or related matters. 502 Nationality is thus clearly a topic
that has also been considered within this body and to which other CoE bodies refer
(e.g. PACE Resolution 1989 (2014) on access to nationality and effective implementation
of the ECN) – thus contributing to legal development in the CoE on nationality and
statelessness.
The CDCJ was established in 1963 under Art 17 of the Statute of the CoE by the
CM. It engages in standard-setting activities as well as cooperation projects and has
competence in private and public law. As a steering committee, it reports to the CM,
proposes texts for adoption to the CM and proposes priorities in its fields of competence,
which include nationality matters. 503
The CoE Conference of Ministers of Justice are furthermore important to the
preparation of new legal standards and addressing new developments. All Ministers of
Justice of the CoE member states participate in these conferences, which aim to present
proposals for joint action to the governments of the different member states. 504
501
502
503
504
See also CoE, ‘The Venice Commission of the Council of Europe’ <https://www.venice.coe.int/
WebForms/pages/?p=01_Presentation&lang=EN> accessed 24 May 2021.
Eg CDL, 472/2008 – Law on Double citizenship of Moldova (2008); full list available <https://www.
venice.coe.int/WebForms/documents/by_opinion.aspx?v=all> accessed 1 July 2021.
See also CoE, ‘European Committee on Legal Co-operation’ <https://www.coe.int/en/web/cdcj/
home> accessed 24 May 2021.
See also CoE, ‘Ministerial Conferences’ <https://www.coe.int/en/web/human-rights-rule-of-law/
ministerial-conferences> accessed 1 July 2021.
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