Soft law is characterized by its non-binding nature, its flexibility in compliance and the possibility of achieving a compromise more easily. Even though soft law is not a novel concept, its definition and importance are still up for debate.
In the legislation of the European Union (EU), soft law is quite important. For instance, non-binding opinions and recommendations have evolved into a common regulatory tool, especially for the European Commission or the Council of Europe. Since the generation of soft law is less demanding than the generation of hard law, also the European Court of Justice (CJEU), among other institutions, uses soft law in a range of settings.
Furthermore, the opinions of the Venice Commission, which is officially called the European Commission for Democracy through Law, play a vital role concerning soft law. As an advice-giving institution concerning constitutional difficulties of the Council of Europe, primarily operates within the realm of soft law. The Venice Commission offers legal guidance to the 61 member states, with an emphasis on bringing institutional and legal frameworks into compliance with the rule of law, human rights as well as European and international standards. In addition, the Venice Commission helps with resolving conflicts, works with constitutional courts, and assists in elections and referendums by adopting opinions on draft laws concerning elections and by organizing yearly conferences of electoral management bodies. The Venice Commission makes use of both hard law and soft law for setting its standards.