This report expresses support for the work of the Venice Commission
and proposes the endorsement of its Rule of Law Checklist.
The report points out that the preparation of the Rule of
Law Checklist is the fruit of a thought process set in motion by
the Parliamentary Assembly on the concepts of “Rule of Law” and
“prééminence du droit”. The Venice
Commission concluded that – over and above the question of a formal
definition – there was a consensus on the core elements of the Rule
of Law, the Rechtsstaat and
the État de droit, which were:
legality, legal certainty, prohibition of arbitrariness, access
to justice, respect for human rights, non-discrimination and equality
before the law.
The Rule of Law Checklist helps to introduce a new, uniform
benchmark for measuring compliance with one of the founding principles
of the Council of Europe.
The Assembly should use it systematically in its work to identify
accurately any structural and systemic problems in the Council of
Europe’s member States and should invite national parliaments, government
bodies, international and regional organisations and civil society
to do the same.