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Update to the Venice Commission’s Rule of Law Checklist: ‘a crucial benchmark for evaluating the health of the rule of law in member states’

Update to the Venice Commission’s Rule of Law Checklist: ‘a crucial benchmark for evaluating the health of the rule of law in member states’
©Philippe Fitte

The PACE Standing Committee, meeting today in Monaco, welcomed the Venice Commission’s proactive stance in updating the Rule of Law Checklist to reflect the challenges to the rule of law and lessons drawn from developments in its 61 member states. The committee contributed to the update, submitting several proposals, including related to the impact of new technologies, the growing influence of private power and affecting post-crisis and transitional situations, all of which are reflected in the updated Checklist.

Unanimously adopting a resolution based on the report by Arusyak Julhakyan (Armenia, EPP/CD), PACE called on member and observer states of the Venice Commission to systematically integrate this updated Checklist into their domestic legislative drafting processes and constitutional reviews. States should also carry out periodic self-assessments using the Checklist, including before the adoption of emergency measures or major institutional reforms, the adopted text underlines.

This updated Checklist is “a crucial, uniform and practicable benchmark for evaluating the resilience of democratic institutions and the health of the rule of law across all member states,” emphasised the parliamentarians, who recommended applying it in PACE’s own country-specific monitoring procedures.

PACE also welcomed the updated Checklist’s transversal integration of the impact of new technologies and digital transformation on the rule of law. It notes with satisfaction 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.

Finally, PACE called on the EU to 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”.

“In order to remain an anchor of 'democracy through law' amid unfavourable geopolitical circumstances, we must continue to revisit, adapt and update our guiding texts, such as the Rule of Law Checklist. This will enable us to offer reliable advice based on sound principles,” said Marta Cartabia, President of the Venice Commission, addressing the Standing Committee during the debate.

“The Assembly's contribution has been of particular importance to this process of updating the Checklist,” she added. “Our close co-operation draws strength from our complementary roles: your political mandate and our technical expertise combine in service of democracy, human rights, and the rule of law,” Ms Cartabia concluded.

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In March 2016, the Venice Commission adopted the Rule of Law Checklist in close co-operation with the Assembly. In its Resolution 2187 (2017), PACE decided to endorse this Checklist, to use it systematically in its own work, and to recommend to member states to do the same, considering it a relevant instrument for analysing situations of concern in different countries. In December 2025, the Venice Commission adopted the Updated Rule of Law Checklist.

Mise à jour de la Liste des critères de l’État de droit de la Commission de Venise : ‘une référence essentielle pour évaluer la solidité de l’État de droit dans les États membres’