Rule of law: updated Council of Europe checklist sets clear standards for governance

Rule of law: updated Council of Europe checklist sets clear standards for governance

Published April 20, 2026

In December 2025, the Venice Commission of the Council of Europe published an updated version of its Rule of Law Checklist. This tool launched in 2016, has become a key reference for assessing the state of the rule of law in member states. The updated version responds to emerging challenges, including technological developments.

The Checklist sets out the core elements that define the rule of law and translates them into concrete benchmarks. It does not remain at principle level. It provides detailed questions and indicators that allow institutions to assess how authority is exercised in practice.

On legality, the Checklist examines whether laws are adopted through transparent and democratic processes. It looks at whether executive action is grounded in law and whether delegated powers are clearly defined and limited. It also assesses the use of emergency powers and whether these are subject to strict safeguards and time limits.

On legal certainty, the Checklist focuses on the quality of legislation. Laws must be clear, accessible, and predictable. It addresses issues such as retroactive legislation, stability of legal frameworks, and the consistency of administrative practices. Persons must be able to understand their rights and obligations and plan their actions accordingly.

On the prevention of abuse of power, the Checklist examines whether discretionary powers are exercised within clear limits and subject to review. It looks at safeguards against arbitrariness, including reasoned decisions, procedural fairness, and the obligation of public authorities to justify their actions.

Checks and balances are assessed through the functioning of institutions. The Checklist looks at the separation of powers, the role of Parliament in overseeing the Executive, and the independence of oversight bodies. It also considers the effectiveness of accountability mechanisms, including audit institutions and Ombudsman structures.

On equality and non-discrimination, the Checklist examines whether laws and their application ensure equal treatment. It addresses both direct and indirect discrimination and highlights the need for effective remedies when unequal treatment occurs.

Access to justice is a central pillar. The Checklist looks at whether persons have practical and effective access to courts. This includes affordability, reasonable timeframes, legal aid, and the enforcement of judgments. It also assesses whether administrative decisions can be challenged before an independent body.

Judicial independence and constitutional review are treated in depth. The Checklist examines how judges are appointed, the security of tenure, and protection from external pressure. It also looks at the role and effectiveness of constitutional courts or equivalent bodies in ensuring that laws comply with fundamental rights.

The updated version gives greater attention to new risks. It addresses the impact of digitalisation and automated decision making on transparency and accountability. It also considers how private actors exercising significant power can affect rights, and the need to subject such influence to legal safeguards.

For any country, the Rule of Law Checklist is a practical tool. It allows institutions to identify gaps, measure performance, and guide reform. It supports a structured approach to strengthening governance and ensuring that public power is exercised within the limits of the law. The Checklist provides the framework to test that reality and to ensure that rights are protected effectively.