Home > 4.1 Parliamentary elections > KYRGYZSTAN - Urgent Amicus Curiae Brief Relating to the Postponement of Elections Motivated by Constitutional Reform
 
 
 
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This request for an amicus curiae brief relates to the case pending before the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic on the constitutionality of the provisions of the Constitutional Law of the Kyrgyz Republic "On the suspension of certain provisions of the Constitutional Law of the Kyrgyz Republic "On Elections of the President of the Kyrgyz Republic and Deputies of the Jogorku Kenesh of the Kyrgyz Republic", adopted by the Jogorku Kenesh on 22 October 2020 (see para. 9 below; see also CDL-REF(2020)077). For this amicus curiae brief, the Constitutional Chamber has asked the Venice Commission four specific questions:


1)In the absence of explicit restrictions in the Constitution of the Kyrgyz Republic, from the point of view of generally accepted democratic principles, how much can the scope of the Parliament's powers be expanded between the expiration of its mandate and the first session of the newly elected Parliament? In particular, to what extent is it consistent with the generally accepted democratic principles to carry out constitutional reforms in the period between the cancelation of election results and the holding of repeated / new parliamentary elections?


2)To what extent is it consistent with democratic principles to suspend an election to the supreme legislative body in order to carry out a constitutional reform (in the period between the annulment of the election results and the holding of repeated / new elections)?


3) To what extent do the amendments of electoral legislation, entailing suspension of the electoral process, correspond to democratic principles and international standards?


4) How consistent is it with democratic principles that the outgoing parliament adopts amendments to legislation disregarding the established procedure for the adoption of laws?