What defines the rule of law?
Under the rule of law, all public powers always act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts.
The rule of law is a well-established principle. While Member States have different national identities and traditions, the core meaning of the rule of law is the same in all of them and can be defined along six principles: legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of the arbitrary exercise of executive power; effective judicial protection by independent and impartial courts with effective judicial review including respect for fundamental rights; separation of powers; and equality before the law. These principles have been recognised by the European Court of Justice and the European Court of Human Rights. In addition, the Council of Europe has developed standards and issued opinions and recommendations that provide well-established guidance to promote and uphold the rule of law.
Why is the rule of law important in the EU?
The rule of law, enshrined in Article 2 of the Treaty on European Union, is the cornerstone of the European Union. The rule of law guarantees the uniform application of EU law across all Member States, creating a predictable environment for people and businesses. Without the rule of law, there would be no single market, and people could not move from one EU country to another knowing that the same rules apply to all. It ensures that fundamental rights and democracy are upheld. It also means that if the rights of citizens and businesses are violated, they have access to justice before an independent and impartial court. It is also essential to the implementation of EU laws and policies, and is central to a Union of equality, opportunity and social fairness.
For all these reasons, the rule of law is one of the fundamental values on which the EU is built. It is also a key criterion for candidate countries wishing to join the EU.
Want to learn more? Watch our series of six animations!
In our series of animations designed by the renowned artist Christoph Niemann, we show in simple and accessible terms why the rule of law matters in everyday life, using the metaphor of sports. Without a neutral arbiter, is a football game really fair? And would you engage in a pool or a basketball game if the rules changed halfway?
Watch our six animations on the rule of law and share them on social media using the hashtag #RuleOfLaw.
Equality before the law
In Europe, the same rules apply to everyone regardless of their origin, gender, race, age, religion, or any other attribute. By upholding the principle of equality before the law, we ensure fairness in Europe.
Legal certainty
In Europe, the rules must be clear and foreseeable. This way, citizens and businesses know what their rights and obligations are, allowing them to act accordingly. By upholding this principle, we protect the rule of law in Europe.
No abuse of power
In Europe, no one holding public office can act arbitrarily or abuse their power for personal gain. If they do, they will be held accountable. By upholding this principle, we ensure that the exercise of executive power serves the interests of the public.
Independent courts
In Europe, judges need to be independent from the government. Only independent courts can defend fundamental rights. They cannot favour any of the parties to the case. This is why citizens and businesses can trust that their cases are decided fairly. By upholding this principle, we ensure that everyone receives a fair trial.
Legality
In Europe, no one is above the law. Laws are adopted in a democratic process, based on clear rules. Those in power must act according to the law. By upholding this principle, we protect the rule of law in Europe.
Separation of powers
In Europe, no one can have unlimited power. This is why the legislature, the executive and the judiciary are separated. These powers check and balance each other. By upholding this principle, we protect the rule of law in Europe.
More resources on the rule of law
Interested in finding out more about the rule of law in the EU? Check the links below for more information on why the rule of law matters and what the European Commission is doing to protect it.
- The Rule of Law Toolbox: The Rule of Law Toolbox provides a number of instruments to promote the rule of law and prevent or respond to emerging issues.
- Rule of Law Report: The Rule of Law Report monitors significant developments, both positive and negative, relating to the rule of law in Member States.
- EU Justice Scoreboard: The EU Justice Scoreboard presents an annual overview of indicators on the efficiency, quality and independence of justice systems.
- National Rule of Law dialogues: National rule of law dialogues bring together stakeholders and authorities to discuss about key national rule of law issues, based on the Rule of Law Report.