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Legality of the Crimean Referendum: Legal Analysis
The Venice Commission, Council of Europe ^

Posted on 03/23/2014 11:43:14 AM PDT by annalex

Legality of the Crimean Referendum: Legal Analysis

Venice, 21 March 2014

Opinion no. 762 / 2014

EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION)

OPINION

ON “WHETHER THE DECISION TAKEN
BY THE SUPREME COUNCIL
OF THE AUTONOMOUS REPUBLIC OF CRIMEA IN UKRAINE
TO ORGANISE A REFERENDUM
ON BECOMING A CONSTITUENT TERRITORY
OF THE RUSSIAN FEDERATION
OR RESTORING CRIMEA’S 1992 CONSTITUTION IS COMPATIBLE
WITH CONSTITUTIONAL PRINCIPLES”


adopted by the Venice Commission
at its 98th
Plenary Session
(Venice, 21-22 March 2014)

on the basis of comments by
Mr Peter PACZOLAY (Honorary President, Hungary)
Ms Hanna SUCHOCKA (Member, Poland)
Mr Evgeni TANCHEV (Member, Bulgaria)
Mr Kaarlo TUORI (Member, Finland)

[See full text]

[...]

V. Conclusions

27. The Constitution of Ukraine like other constitutions of Council of Europe member states, provides for the indivisibility of the country and does not allow the holding of any local referendum on secession from Ukraine. This results in particular from Articles 1, 2, 73 and 157 of the Constitution. These provisions in conjunction with Chapter X of the Constitution show that this prohibition also applies to the Autonomous Republic of Crimea and the Constitution of Crimea does not allow the Supreme Soviet of Crimea to call such a referendum. Only a consultative referendum on increased autonomy could be permissible under the Ukrainian Constitution.

28. Moreover, circumstances in Crimea did not allow the holding of a referendum in line with European democratic standards. Any referendum on the status of a territory should have been preceded by serious negotiations among all stakeholders. Such negotiations did not take place.


TOPICS: Foreign Affairs; News/Current Events; Russia; War on Terror
KEYWORDS: crimea; putinsbuttboys; russia; surrendermonkeys; ukraine; viktoryanukovich; waronterror; yuliatymoshenko
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Headline and excerption mine.
1 posted on 03/23/2014 11:43:14 AM PDT by annalex
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To: A.A. Cunningham; andyk; BatGuano; bayliving; Belteshazzar; bert; Bibman; Bigg Red; bigheadfred; ...

If you want to be on this right wing, monarchy, paleolibertarianism and nationalism ping list, but are not, please let me know. If you are on it and want to be off, also let me know. This ping list is not used for Catholic-Protestant debates.


2 posted on 03/23/2014 11:44:06 AM PDT by annalex (fear them not)
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To: annalex

While this explains the glaring and obvious illegality of Russia’s theft of Crimea, it won’t stop the bootlickers on this forum from praising it


3 posted on 03/23/2014 11:46:03 AM PDT by wideawake
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To: annalex

Putin memo to Commission: Go...pound...sand.


4 posted on 03/23/2014 11:53:26 AM PDT by cashless (Obama told us he would side with Muslims if the political winds shifted in an ugly direction. Ready?)
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To: annalex

Poor NWO. The march of progress falters, and Occupy Terra gets a tiny eviction notice.


5 posted on 03/23/2014 11:53:44 AM PDT by Psalm 144 (FIGHT! FIGHT! SEVERE CONSERVATIVE AND THE WILD RIGHT!)
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Comment #6 Removed by Moderator

To: annalex

Is the Venice Commission another Soros funded Globalist front group that promotes “democracy” and “human rights”? If they are they can take their report and stick in their ear.


7 posted on 03/23/2014 11:56:18 AM PDT by Count of Monte Fisto (The foundation of modern society is the denial of reality.)
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To: annalex

I can have my own Commission and or Council and can issue my own conclusion.

Can’t see why anyone would pay any attention to it...


8 posted on 03/23/2014 11:57:28 AM PDT by babygene ( .)
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To: annalex
The Constitution of Ukraine like other...

Whoa, stop right there... What reason could there be to think that the constitution of the Ukraine means anything after the elected government of the Ukraine has been overthrown by a gang of Nazis??

9 posted on 03/23/2014 12:00:22 PM PDT by varmintman
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To: annalex

Pooty-poots army of ass-kissers took 10 minutes and 12 seconds to arrive. I guess the FSB monitors for FR were between 2nd and 3rd shift-change at 10:30 PM local time.


10 posted on 03/23/2014 12:02:28 PM PDT by FredZarguna (Das ist nicht nur nicht richtig, es ist nicht einmal falsch!)
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To: annalex

As Con Clausewitz says, war is an extention of politics. Dirty political tactica and thug mentality always follows with a barrel to the head at the poll booth.


11 posted on 03/23/2014 12:03:05 PM PDT by lavaroise (A well regulated gun being necessary to the state, the rights of the militia shall not be infringed)
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To: varmintman
Because anyone who opposes the NeoSoviet Empire® is a Nazi.
12 posted on 03/23/2014 12:03:17 PM PDT by FredZarguna (Das ist nicht nur nicht richtig, es ist nicht einmal falsch!)
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To: wideawake
won’t stop the bootlickers on this forum

No it won't, but I want to give a wider audience to this document because it contains serious analysis of what is and what is not legal under the Ukraine's and the EU's constitutions.

13 posted on 03/23/2014 12:03:23 PM PDT by annalex (fear them not)
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To: cashless

Also see: Austria, Czechoslovakia, Latvia, Estonia, Lithuania, etc: I expect Kerry to turn up any time now waving a paper and claiming,”Peace in our time.”


14 posted on 03/23/2014 12:03:58 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: cashless
Putin memo...

Yes. Putin is a usurper of power, war monger and a common thug. Obviously legalities won't stand in his way. Nevertheless, law matters.

15 posted on 03/23/2014 12:04:44 PM PDT by annalex (fear them not)
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To: FredZarguna

while Hitler was a liberal Socialist artist fully supported by communists, he did attract conservatives when people were fed up with the decadent corruptocracy of Europe. History repeats itself in Putin with liberals’ help.


16 posted on 03/23/2014 12:06:12 PM PDT by lavaroise (A well regulated gun being necessary to the state, the rights of the militia shall not be infringed)
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To: Psalm 144
Poor NWO.

That is not New World Order, plainly legal order. Obviously, RF is not going to pay attention, but that only solidifies their status as a rogue state.

17 posted on 03/23/2014 12:07:19 PM PDT by annalex (fear them not)
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To: annalex

A mob overthrew the Ukraine’s government which meant Crimea was no longer part of an existing national government.


18 posted on 03/23/2014 12:07:50 PM PDT by kathsua (A woman can do anything a man can do and have babies besides;)
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To: Count of Monte Fisto
Soros funded Globalist front group

It seems they are an official EU body, paid for by taxes in Europe. At any rate, this contains legal facts that you and I will have a difficulty researching on our own.

19 posted on 03/23/2014 12:09:11 PM PDT by annalex (fear them not)
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To: kathsua

The thug was voted out of office and fled.


20 posted on 03/23/2014 12:10:06 PM PDT by 1rudeboy
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