Rule of Law in Decline? The Quest for Progress

By Marco D'Alberti

Today, the rule of law is composed of many elements, or factors. The World Justice Project — a remarkable international initiative — has listed eight of these: constraints on government powers; absence of corruption; open government; fundamental rights; order and security; regulatory enforcement; civil justice; criminal justice. These factors are specifications of the traditional concept of the rule of law that contribute to broadening its scope. The conditions for respecting the rule of law have become more rigorous. The 2023 Rule of Law Index of the World Justice Project stresses that over six billion people, or three quarters of the world’s population, live in countries where the rule of law is declining. The main problems affect — inter alia — several sub-Saharan African, South Asian, Latin American and Eastern European countries. The European Union has reached good results compared to the other parts of the world, but must still face challenges. What are the main failures in Europe? What remedies can be put in place?