The Role of the Venice Commission As a “Standard-Setter” in Rule of Law Promotion

The European Commission to democracy through law (Venice Commission) made an important contribution to development of the European value of rule of law. This unique institution developed its power in the rule of law norms promotion only based on a “reputation enhancing” approach without any coercive methods. It suggests the states to adhere to an elite community founded on such values as democracy, rule of law and human rights, while preserving their own sovereign responsibilities towards reforms adoption. During the last decades the EU started to rely increasingly on its expertise. The main question is what is the role of the Venice Commission in shaping of a common European area of the rule of law? Why does the EU need it? This paper posits on assumption that the EU is “using” the Venice Commission as a facilitator in problems solving that might otherwise lead to formal sanctions. The aim is to trace the empowerment of the Venice Commission by analysing its standards development in the field of the rule of law. Hence, this paper draws on semi-structured interviews with the Secretariat of the Venice Commission and its members, analysis of its opinions and observation of a plenary session.