Home > 5.2 Content of the referendum > KYRGYZ REPUBLIC- Joint Opinion on the Draft Law "On Introduction of Amendments and Changes to the Constitution"
 
 
 
Download file    
 
 
Paragraph 76
 

Indeed, any kind of control by the executive branch or other external actors over Judicial Councils or bodies entrusted with discipline is to be avoided.65 As noted in the 2014 Joint Opinion, the composition of a disciplinary body is key to guaranteeing its independence and impartiality. In that context, a composition comprising civil society representatives, thus ensuring community involvement in disciplinary proceedings, was noted by the OSCE/ODIHR and the Venice Commission as a particularly welcome development. The rules pertaining to the composition of the disciplinary commission should be amended to ensure that the legislative and/or executive branches do not have decisive influence over such body, while ensuring an adequate representation of civil society/community and a generally gender balanced composition.