Criteria for assessing the observance of the Rule of Law have been promulgated

The translation of the Rule of Law Checklist, adopted by the European Commission for Democracy through Law, was issued at its 106th Plenary Session.

The document is available by clicking here. The original Report (in English) is available following the link.

The Document consists of three parts. The introductory part explains the purpose and scope of the Report, and then reveals the relationship between the Rule of Law, on the one hand, and democracy and human rights on the other (“The Rule of Law in an enabling environment”).

The second part is the basis of the Checklist. It discloses various aspects of the Rule of Law as defined in 2011 report: legality; legal certainty; prevention of abuse of powers; equality before the law & non-discrimination and access to justice.

The last part provides two examples of challenges to the Rule of Law (related to corruption and conflict of interest, as well as collection of data and surveillance).

The third part lists the most important norms of a binding (hard law) and recommendatory (soft law) nature relating to the Rule of Law.
The Checklist was discussed at the Sub-Commission on the Rule of Law on December 17, 2015 and March 10, 2016 and was approved by the Venice Commission at its 106th Plenary Session (Venice, March 11-12, 2016).

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