ENNHRI welcomes the Venice Commission’s updated Rule of Law Checklist. This timely and much needed tool helps reinforce action on human rights, democracy, and the rule of law in the European region. It responds to the significant challenges of recent years. These include democratic backsliding, shrinking civic space, and the growing impact of digitalisation and private actors on rights and accountability. Importantly, the updated Checklist also explicitly recognises National Human Rights Institutions (NHRIs) as integral within the system of checks and balances.

Recognition of NHRIs as vital rule of law actors

NHRIs’ broad mandate, independent nature and essential oversight role are acknowledged in the benchmarks for the rule of law by highlighting:

• the importance of involving NHRIs in legislative consultation processes affecting human rights.
• the suitability of NHRIs and ombudspersons for performing oversight when emergency measures are implemented.
• their contribution to monitoring state action and protecting individuals’ rights.

In line with this, the Checklist reaffirms NHRIs as being an essential part of national rule of law and democratic systems, including checks and balances.

Civic space included as a standalone benchmark

For the first time, the Checklist includes a dedicated benchmark on protecting the legal framework for civic space. This reflects the urgent need to tackle the increasing pressure on civil society, the media, human rights defenders and public participation.

The benchmark covers essential guarantees such as freedom of expression, assembly and association, media pluralism, and whistleblower protection. It also encompasses rights-compliant regulation of digital platforms and safeguarding against Strategic Lawsuits Against Public Participation (SLAPPs). For ENNHRI and its members, who prioritise work to support and protect civic civic space, this recognition is a welcome development.

Emphasising the interconnection between human rights, democracy, and the rule of law

The Checklist makes clear how human rights, democracy, and the rule of law are interdependent. Judicial independence is reaffirmed as a cornerstone of democratic governance; public participation is highlighted as guarding against arbitrary power; and new technological challenges are addressed through requirements for transparency, human oversight and effective remedies.

This approach mirrors ENNHRI’s long‑standing position on interconnecting these three pillars to ensure that European societies remain resilient and inclusive.

More information and background

Explore all rule of law reports from ENNHRI and its members in the dedicated database.

Read about ENNHRI’s recent submission to the European Union Civil Society Strategy.

Discover ENNHRI’s tool for NHRIs on implementing judgments of the European Court of Human Rights.