A preliminary opinion by the Council of Europe's constitutional law experts, (the Venice Commission) criticizes draft modifications to the constitution of Azerbaijan, which will be put to a national referendum on Monday 26 September.
Many proposed amendments would severely upset the balance of power by giving “unprecedented” powers to the President, according to the Venice Commission opinion.
For example, the extension of the presidential mandate from five to seven years “cannot be justified” given the already very strong position of the President, who since 2009 can be re-elected without term limits.
Another reform gives the President power to dissolve parliament, which does not only make political dissent in parliament “largely ineffective”, according to the opinion, but also affects the independence of the judiciary, since parliament’s role in the approval of judges will be reduced.
The Venice Commission experts were “particularly worried” by the introduction of the figure of unelected Vice-Presidents, who may at some moment govern the country, and the President’s prerogative to declare early presidential elections at his convenience. (more...)