Is the Venice Commission the World’s De Facto Constitutional Court?

A critical aspect of the future of public law is the development of constitutional justice on a global scale and its impact on democracy and political transformation. In this context, a revival of scholarly discussions regarding the idea of establishing an International Constitutional Court (ICC) warrants closer examination, raising the question of whether it remains an idealistic concept or if we are closer to realizing this establishment than we think. This study addresses this challenging topic by offering a perspective on the Venice Commission as a model – or, at the very least, an essential step – towards creating such a court. Building on ideas developed in the legal literature, especially the premise advanced by Professor Richard Albert, the article examines the evolution of the Venice Commission from a regional organization established to support new European democracies after the collapse of communism into a global entity engaged in democratic processes such as constitutional amendment, legislation in key areas of state function, and the promotion and implementation of the rule of law. Particular attention is given to the Venice Commission’s influence on both regional human rights courts and national constitutional courts, highlighting how its advisory opinions are absorbed into binding judicial reasoning and how its networks foster transnational convergence. At the same time, the study highlights the limitations of this model. Although the Commission aligns with Professor Albert’s vision of an ICC by depending on authoritative yet non-binding advice, it still misses key aspects of that model. Notably, it lacks universal membership and is made up of independent experts rather than judges selected through a transparent global process. It concludes that the Venice Commission represents a unique structure in the field of constitutional justice, exercising an increasingly influential role at the global level, and may be regarded as a de facto ‘Albert ICC’ in the making. This perspective aims to stimulate further scholarly debate.