The principle of the Rule of Law is enshrined in legal texts – whether at national constitutional level or at the level of the Council of Europe or European Union. Despite its frequent use in political debates, the meaning of the Rule of Law is not always clear. To address this, in 2016, the Venice Commission adopted the Rule of Law Checklist, outlining detailed questions to assess the degree of respect for the Rule of Law in any given country.

Various developments since 2016 have made an update of the Rule of Law Checklist timely and necessary. Following a comprehensive consultation process involving a wide variety of stakeholders, the Venice Commission adopted its Updated Rule of Law Checklist in December 2025, reflecting new challenges since 2016, particularly those arising from technological changes, Rule of Law regression and growing private sector influence. It now includes new benchmarks on checks and balances and constitutional review.

The Updated Rule of Law Checklist is a tool that is available to all stakeholders, including international organisations, national authorities and civil society.

Why the necessity for an Updated Rule of Law Checklist?

The Venice Commission adopted the Updated Rule of Law Checklist in December 2025 as a direct follow-up to the Reykjavik Declaration (4th Summit of Heads of State and Government of the Council of Europe May 2023), which called for stronger visibility and support for the Rule of Law Checklist as a key instrument for promoting democratic governance and legal standards across Europe.

How was the Updated Checklist prepared and who contributed to it?

A dedicated working group within the Venice Commission led the revision process throughout 2024 and 2025. The update was shaped through extensive consultations involving a wide range of stakeholders, including Venice Commission member states, Council of Europe institutions, judicial bodies, anti-corruption mechanisms, youth representatives, data protection experts, and civil society organisations.

The consultation process also extended beyond the Council of Europe framework, incorporating perspectives from the European Union, United Nations representatives, constitutional courts, ombud institutions, academics, and non-governmental organisations. This inclusive approach ensured that the revised Checklist reflected diverse expertise and contemporary challenges.

Seminars and conferences organised during the Revision Process

What are the main innovations introduced in the Updated Rule of Law Checklist?

The Updated Rule of Law Checklist responds to new challenges that have emerged since the original 2016 version, particularly those linked to artificial intelligence, democratic backsliding, and increasing private sector influence on governance.

While preserving the original structure and core Rule of Law principles — legality, legal certainty, prevention of abuse of power, equality and non-discrimination, and access to justice — the revised version introduces stronger benchmarks on constitutional safeguards and checks and balances. These additions emphasize the importance of institutional oversight in preventing erosion of the Rule of Law.

Why is the Updated Rule of Law Checklist a practical and living instrument?

The Updated Rule of Law Checklist is designed not only as a legal reference but also as a practical assessment tool for governments, parliaments, civil society organisations, and international institutions. Its purpose is to support objective, transparent, and comprehensive evaluations of Rule of Law conditions.

The Checklist stresses that legal guarantees alone are insufficient. A healthy Rule of Law culture also depends on free media, active civil society participation, legal and civic education, and a shared societal commitment to democratic principles.

Finally, the document highlights the strong interdependence between the Rule of Law, democracy, and human rights — the three foundational pillars of the Council of Europe. It is presented as a “living instrument” that will continue to evolve in response to changing legal standards and societal developments.

Brochure - The Rule of Law: a user guide (2025)

Available in more than 30 languages, the brochure presents the principles of the rule of law in a clear and accessible way to all audiences. It explains why the rule of law matters and how it safeguards our freedoms every day.

Exhibition - The Rule of Law: a user guide (2025)

The exhibition offers an enlightening perspective on the fundamental principles of the rule of law: legality, legal certainty, prevention of abuse of power, equality before the law and non-discrimination, and access to independent and impartial justice. With its fresh and creative style, the exhibition encourages a broader understanding of the rule of law as a cornerstone of democratic societies.

Illustrations: Maltese artist and illustrator Nadine Theuma

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Commission européenne pour la démocratie par le droit

The Updated Rule of Law Checklist is available in several languages:

English

French

Italian

Spanish

Ukrainian

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Cette brochure, disponible en plusieurs langues, présente les principes fondamentaux de l'État de droit. Elle est destinée à un large public et offre un aperçu clair et structuré de l'importance de l'État de droit et de son fonctionnement dans la pratique.