Updating the Venice Commission's Rule of Law Checklist: a contribution by the Assembly
- Author(s):
- Parliamentary Assembly
- Origin
- Text
adopted by the Standing Committee, acting on behalf of
the Assembly, on 22 May 2026 (see Doc. 16402, report of the Committee on Legal Affairs and Human
Rights, rapporteur: Ms Arusyak Julhakyan).Provisional
version subject to editorial review.
1. The Parliamentary
Assembly congratulates the European Commission for Democracy through
Law (Venice Commission) on the occasion of the 35th anniversary
of its creation. For over three decades, the Venice Commission has
been an indispensable guardian of the rule of law in Europe and
beyond. It has provided guidance on constitutional reforms, electoral
laws and judicial independence to both new and established democracies,
helping to define the principles essential to a democratic system
governed by the rule of law. The Assembly reiterates its appreciation
of the close co-operation with the Venice Commission and its continuous
high-quality contribution, to the Assembly’s work, through its opinions
and reports.
2. The Assembly refers to its
Resolution 2187 (2017) “Venice Commission’s Rule of Law Checklist”, in which
it welcomed the Venice Commission’s Rule of Law Checklist as a new,
uniform benchmark for measuring compliance with one of the founding
principles of the Council of Europe, as well as a most relevant
and valuable instrument to identify and analyse situations of concern
in different countries. The Assembly endorsed the Checklist and
decided to use it systematically in its work. It also invited national
parliaments, governments, the Council of Europe as a whole and other
international organisations to do the same.
3. The Assembly welcomes the Venice Commission’s proactive stance
in updating the Rule of Law Checklist to reflect contemporary challenges
to the rule of law and the lessons drawn from developments in its 61
member States. Since its adoption in 2016, unprecedented challenges
to the rule of law have emerged in several member States. Examples
of rule of law backsliding in Europe and elsewhere include increasing attacks
on judicial independence, non-compliance with the rulings of constitutional
and international courts, and the gradual weakening of oversight
mechanisms and civic space. Another worrying trend is the contempt for
the international rule of law displayed by certain States and leaders,
which often mirrors a pattern of disregard for the rule of law within
their own domestic systems. Any State that adheres to the principles
of the rule of law must be committed to upholding international
law in its relationships with other States, as well as respecting
the mandate and authority of international courts.
4. The Assembly welcomes the fact that “checks and balances”
and “constitutional review” have now been raised to the rank of
self-standing rule of law benchmarks within the updated Checklist.
In this context, it reiterates that the independence of the judiciary
and the principle of the separation of powers are part of the common
basic constitutional traditions of Europe. Ombudspersons and independent
national human rights institutions, which are part of the “checks
and balances”, also play an important role in safeguarding and promoting
the rule of law.
5. The Assembly also welcomes the updated Checklist’s transversal
integration of the impact of new technologies on the rule of law.
In light of its numerous resolutions and recommendations related
to this matter, summarised in
Opinion
303 (2024) “Draft framework convention on artificial intelligence,
human rights, democracy and the rule of law”, the Assembly reiterates
that digital transformation, including the deployment of algorithmic
systems and artificial intelligence in public administration, law
enforcement and the justice sector, must be transparent, governed
by clear legal bases, non-discrimination, explainability and accountability. Effective
impact assessments, independent oversight, secure and auditable
procurement, robust data protection, and accessible and effective
remedies are essential to uphold the rule of law in the digital
age.
6. The Assembly emphasises the value of the updated Rule of Law
Checklist for preventing democratic and rule of law backsliding.
It appreciates the attention paid by the Checklist to the importance
of restoring the rule of law following a period of regression, framing
this as a holistic endeavour that must itself adhere to rule of
law standards. It affirms that the updated Rule of Law Checklist
provides a coherent, comparable and accessible framework that should
be used by parliaments, governments, courts, oversight institutions,
local and regional authorities, international organisations and
civil society to assess and strengthen democratic resilience, diagnose
systemic weaknesses and guide legislative and institutional reforms.
7. The Assembly endorses the Venice Commission’s updated Rule
of Law Checklist as a crucial, uniform and practicable benchmark
for evaluating the resilience of democratic institutions and the
health of the rule of law across all Council of Europe member States.
It resolves to apply the updated Checklist, as appropriate, in its
own country-specific monitoring procedures, in follow-up to election
observation and in its thematic reports.
8. The Assembly calls on member and observer States of the Venice
Commission to:
8.1 systematically
integrate the updated Rule of Law Checklist into their domestic
legislative drafting processes and constitutional reviews;
8.2 carry out periodic self-assessments using the updated
Rule of Law Checklist, including before the adoption of emergency
measures or major institutional reforms, and to publish the results;
8.3 request, where appropriate, opinions from the Venice Commission
at the earliest stages of reform processes and ensure transparent
follow-up to its recommendations;
8.4 promote the use of the updated Rule of Law Checklist and,
to this end, facilitate the translation of the updated Rule of Law
Checklist in the national language(s);
8.5 disseminate the Venice Commission’s brochure entitled
“The Rule of Law: A User Guide”, to promote a better understanding
of the rule of law and its importance in daily life.
9. The Assembly further calls on the European Union to:
9.1 use the updated Rule of Law
Checklist as a common benchmark in its rule of law reporting and technical
assistance to candidate countries and potential candidates for membership;
9.2 co-operate closely with the Venice Commission in promoting
best practices, sharing data and supporting reforms in the European
Union member States;
9.3 use the updated Rule of Law Checklist in its own institutional
and legislative processes, where applicable.
10. The Assembly calls on the national parliaments of member and
observer States of the Council of Europe, as well as those that
enjoy observer or partner for democracy status with the Assembly,
to raise awareness of the updated Rule of Law Checklist among civil
society organisations, ombudspersons, national human rights institutions
and the judiciary.
11. Finally, the Assembly welcomes the initiatives of the Secretary
General of the Council of Europe aimed at reinforcing democratic
security, in particular through the New Democratic Pact for Europe.
It strongly agrees that the democratic security of Europe should
be anchored in the European Convention on Human Rights (ETS No. 5)
and believes that the updated Rule of Law Checklist should become
a point of reference for rebuilding citizens’ trust in democracy
and its institutions.
