Rule of Law
The Venice Commission first addressed the issue of the Rule of Law in a report adopted in 2011.
After examining the historical origins of the concepts of Rule of Law, Rechtsstaat and Etat de droit, the report looked at these concepts in positive law. In international law, they appear in a number of treaties but also in soft law; in national law, they appear as a main feature of the state in the constitutions of Germany as well as of a number of former socialist countries of Central and Eastern Europe. The notion of the Rule of Law is however often difficult to apprehend in former socialist countries, which were influenced by the notion of socialist legality.
While drafting the report, the Venice Commission reflected of the definition of the Rule of Law and reached the conclusion that the Rule of Law was indefinable… Rather than searching for a theoretical definition, it therefore took an operational approach and concentrated on identifying the core elements of the Rule of Law. It therefore identified common features of the Rule of Law, Rechtsstaat and Etat de droit