Home > 5.3 Validity of the question > KYRGYZ REPUBLIC- Joint Opinion on the Draft Law "On Introduction of Amendments and Changes to the Constitution"
 
 
 
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Paragraph 67
 

Notably, OSCE/ODIHR’s 2010 Kyiv Recommendations on Judicial Independence in Eastern Europe, South Caucasus and Central Asia explicitly state that “the issuing by high courts of directives, explanations, or resolutions shall be discouraged”, but that, as long as they exist, they shall not be binding on lower court judges. Uniformity of interpretation of law should rather be encouraged through studies of judicial practice that have no binding force. In its 2010 Report on the Independence of the Judicial System; Part I: The Independence of Judges, the Venice Commission likewise found the adoption of such binding guidelines reflective of a strict hierarchical order within the judiciary, which it considered to be problematic from the point of view of judicial independence.