Azerbaijan: Venice Commission’s initial opinion on Azerbaijani referendum – a political order

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The Venice Commission’s initial opinion on the upcoming referendum in Azerbaijan is a political order, said Shahin Aliyev, head of Department of Legislation and Legal Expertise of Azerbaijan’s Presidential Administration.
“Azerbaijan and the Venice Commission have always shown respect for each other’s opinion. To date, I have not seen the Venice Commission write an opinion about any draft law in three months,” Aliyev said at a press conference in Baku Sept. 21.
He noted that the position of the Azerbaijani side has to be studied before issuing an opinion about a draft law.
“But this procedure has been violated as to the draft referendum. This opinion was developed in two weeks following the PACE president’s request on Sept.6. We’re deprived of our right to being heard,” the PA department head added.
The opinion is full of inaccuracies, he stressed.
“For example, the 25th paragraph of the opinion refers to Article 159 of Azerbaijan’s Constitution. However, the Constitution comprises 158 articles,” said the PA official.
The Venice Commission’s main concerns are about the strengthening of vertical divisions of executive power, Aliyev said.
“We are talking about the creation of vice-president institutions in case the draft referendum is adopted. They regard appointment of vice-presidents as non-democratic. Which international document does reflect such a democratic standard? There is no such democratic standard. Vice president replaces the president in the US when he is unable of executing his powers,” said the PA official.
The Venice Commission’s another concern is about giving the president power to dissolve the parliament, according to Aliyev.
“This is today’s demand. Stalemate situation may also occur in the activity of the parliament. Media also highlighted that in some cases the parliament didn’t adopt the president’s proposals. France’s president can easily dissolve the parliament,” he added.
The PA official noted that the presidential term in France is 7 years.
The Venice Commission is also unsatisfied with giving the president power to choose a date for early presidential elections.
“The president must have authority for vote of confidence. Reading the opinion of the Venice Commission, everyone realizes that it is a political order. It is impossible to make an opinion on these amendments within two weeks. PACE president appealed to the Venice Commission only 20 days before the referendum. I think it is a political order,” he added.
Baku – APA.