I. INTRODUCTION
A. Updating the Rule of Law Checklist
B. Recent Developments
C. Purpose of the Checklist
D. The Rule of Law, human rights and democracy
E. A Multi-Layered Approach
II. BENCHMARKS
A. Legality
1. Supremacy of the law
2. Compliance with the law by public authorities
3. Rule of Law guarantees for the conduct of private actors
4. Relationship between international law and domestic law
5. Law-making powers of the executive
6. Law-making procedures
7. Exceptions in emergency situations
8. Duty to implement the law
9. Compliance with the law and new technologies
B. Legal certainty
1. Accessibility and foreseeability of the law
2. Stability and consistency of law
3. Legal certainty in court decisions
4. Basic principles of legal certainty: Legitimate expectations, non-retroactivity, nullum crimen et nulla poena sine lege, res judicata and ne bis in idem
5. Legal certainty and new technologies
C. Prevention of abuse of power
1. General safeguards
2. Procedural safeguards
3. Corruption and conflicts of interest
D. Checks and balances
1. Institutional checks and balances
2. Guaranteeing the legal framework of civic space
E. Equality and non-discrimination
1. Non-discrimination
2. Equality in law
3. Equality before the law
4. Positive action
5. Equality, non-discrimination and new technologies
F. Access to justice
1. Independence and impartiality of the judiciary
2. Independence and impartiality of other actors in the judicial process
3. Fair trial
4. Digital technologies within the judicial system
G. Constitutional review
1. Constitutional review
2. Composition and appointment
3. Access to constitutional justice
4. Effects of decisions
H. Particular challenges to the Rule of Law
1. Restoration of the Rule of Law
2. Legal and civic education
a. Legal education
b. Civic education