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).
1. The Parliamentary Assembly congratulates
the European Commission for Democracy through Law (Venice Commission)
which celebrated its thirty-fifth year of activity in 2025. 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, thus 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 (the 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 the 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 and respect the principles
of 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 given in 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 its translation into 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.
