FORMAL FRAMEWORK OF THE RULE OF LAW IN THE CONSTITUTIONAL ORDER

1. Is the principle of the rule of law one of the fundamental features of the constitutional order?

2. Is there a normative definition of the rule of law:

• a) at the level of constitutional provisions?

• b) in the absence of a normative definition, by means of a direct reference to this principle in the text of the Constitution?

• c) in other legal provisions?

3. If there is no normative definition, is this principle decoded by case law and/or constitutional doctrine on the basis of a set of constitutional arrangements, such as, in particular, the principle of separation of powers and check and balance mechanism, the hierarchy of legal norms, the independence of the judiciary, constitutional review of laws, etc.?

SUBSTANTIVE CONCEPT OF RULE OF LAW

1. What is the dominant concept as regards the essential elements necessary to consider the legal order as compatible with the rule of law?

a) subordination of individuals, private entities and public authorities to the law (e.g. prerogatives of public authorities cannot be presumed; all their actions should be based on the law)?

b) equal treatment of everyone before the law and clear definition of the sphere of freedom of every person (according to the principle – everything not prohibited by law is allowed)?

c) separation of powers between the executive, legislative and judicial branches and mechanism of checks and balances?

d) hierarchical review of the law by an independent body such as a Constitutional Court/Supreme Court in order to ensure the primacy of fundamental rules in the legal system?