ABSTRACT

This chapter discusses how the Venice Commission has made a key contribution to developing both 'soft law' and 'hard law' standards. The main task of the Venice Commission is therefore to help States identify their shared common values, a certain jus constitutionale commune, based on the Council of Europe's three pillars of activity: democracy, rule of law and human rights. The chapter refers to the unique relationship developed between the Commission and its Member States, as well as the Commission's relationship with the European Court of Human Rights. It analyses the Venice Commission's work with States and which leads to identifying common international and transnational standards based on national law. The chapter discusses the use of soft law and hard law sources and how these interact in the electoral. Finally, it focuses on the challenges and limits of the work of the Venice Commission, mainly in the field of elections, in constructing a common conception of democracy and in achieving compliance.