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March 28
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The Venice Commission of the Council of Europe has publicized the preliminary opinioon on the amendments to the Azerbaijani Constitution, which are to be put on referendum on September 26.

The Commission criticized the draft Referendum Act, contact.az reports.

According to the document, many of the proposed amendments seriously disturb the balance of power between the two branches of the government, giving ‘unprecedented’powers to the President.

Pursuant to the Venice Commission experts, the extension of the term of the presidential mandate to seven years ‘cannot be justified,’ considering the already very strong position of the President who can be reelected for unlimited number of times since 2009.

Apart from this, the President is given power to dissolve Parliament, this negatively impacting the‘political dissent in Parliament’This also affects the independence of the judiciary, since Parliament’s role in the approval of judges will be reduced.

The Venice Commission is particularly worried by the institute of the unelected Vice-Presidents, who may at some point govern the country, and the President’s prerogative to declare snap presidential elections. The Commission criticizes the referendum procedure, specifically its implementation without preliminary deliberations in Parliament and among the population, as well as insufficient time given for this.

“Due to time constraints, the rapporteurs were unable to visit Azerbaijan and did not benefit from direct consultations with the authorities, experts and other stakeholders. In this context, the Venice Commission regrets that the authorities of Azerbaijan did not consult it prior to submitting the Draft to the referendum,” the document reads.

At the same time, the experts have positively assessed the modifications on “human dignity” and the right to “conscientious treatment excluding arbitrariness.”

The proposed amendment on the principle of proportionality of restrictions to human rights was also considered positive. However, the experts don’t agree on amendments which limit the freedom of assembly and the freedom of association to maintain ‘public order and public morals,’since these provisions can be interpreted rather widely. Concern has also been expressed in regard to the proposed amendment on deprivation of citizenship.

The preliminary opinion will be submitted for approval at the plenary session of the Commission on October 14-15.

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