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      Constitutional courts’ helpdesk: The venice commission’s advisory role in constitutional adjudication

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      Author(s)
      Yolcu, Serkan
      Date
      2022-11-22
      Source Title
      International Constitutional Law (Online)
      Electronic ISSN
      1995-5855
      Publisher
      Walter de Gruyter GmbH
      Volume
      16
      Issue
      4
      Pages
      421 - 445
      Language
      English
      Type
      Article
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      Abstract
      This article aims to analyse how constitutional courts make use of advisory opinions of the European Commission for Democracy through Law (Venice Commission). Despite that national constitutional courts significantly engage with the advisory work of the Venice Commission, the causes and effects of this engagement remain less explored in constitutional law scholarship. In order to address this gap, this article, from a macro perspective, examines the case law in which the Venice Commission is referred to by constitutional courts, drawn from the Venice Commission’s constitutional adjudication database (CODICES). In addition, appropriate data from the case law of the Constitutional Court of Turkey is examined in particular to expand the scope of the research through micro lens. The article argues that constitutional advice has some advantages for constitutional judges given that it provides a strategic tool for determining reasoning. Despite its non-binding nature, the Venice Commission’s constitutional advice is occasionally considered by constitutional courts, depending on the strategic preferences of the courts, and the judges in a given jurisdiction.
      Keywords
      Constitutional courts
      Advisory opinion
      Constitutional advice
      Venice commission
      Constitutional adjudication
      Permalink
      http://hdl.handle.net/11693/111712
      Published Version (Please cite this version)
      https://doi.org/10.1515/icl-2021-0044
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      • Department of Law 269
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