The Rule of Law and why it matters – Explained

Equality and equal participation in society are the backbone of democracy. Democratic systems can function legitimately and flourish only if all individuals enjoy their right to equality and non-discrimination and are able to participate safely in public life on an equal footing. 

Equality is therefore not only a fundamental right, but also a structural condition for democratic legitimacy, accountability, and effectiveness. Democracies can only truly represent society when everyone is included and protected equally. 

The rule of law plays a central role in making this possible. It means that: laws apply equally to everyone, public authorities are accountable under the law, and justice and human rights are protected. The rule of law guarantees equality before the law, regardless of status, origin, gender, race, age, religion, sexual orientation, disability, or any other characteristic. 

Equality and the rule of law are deeply interconnected. Rules that apply equally and predictably to everyone help protect individuals from abuse of power, ensure fair treatment, and guarantee equal access to justice and public services. In turn, equality strengthens democratic institutions and public trust. 

As the rule of law comes under increasing pressure in Europe and beyond, protecting it becomes even more important. Safeguarding the rule of law means safeguarding people’s ability to exercise their rights, participate fully in society, and rely on institutions that work fairly for everyone. 

To support greater understanding of these issues, Equinet has worked together with international institutions, networks, and organisations active in the field of equality and human rights in Europe to develop a new explainer on the rule of law. 

The explainer provides an accessible overview of what the rule of law means, how it affectes people’s daily lives, and explores key principles such as: 

• Equality before the law 
• Legality 
• Legal certainty 
• The right to a fair trial 
• Preventing abuse of power 
• Separation of powers 

The explainer was developed in cooperation with the Council of Europe, the Council of Europe Commissioner for Human Rights, EEA and Norway Grants, EIGE, ENNHRI, FRA, ODIHR, UN OHCHR, and other partners committed to strengthening equality, human rights, and democracy across Europe.