ELI Charter of Fundamental Constitutional Principles of a European Democracy

The Charter provides general guidance to public authorities, jurists, individuals, and civil society on fundamentals expected of any such genuine democracy properly so-called. The ELI hopes that the Charter will be drawn upon by legislatures and courts in Europe and beyond, and that it may inspire future constitutional developments. The Charter is both timely and of utmost importance, in times marked by unrest and democratic backsliding.

The Charter is the final outcome of the ELI project on Fundamental Constitutional Principles, which was led by Co-Chairs, Prof Sir Jeffrey Jowell KCMG KC and Prof Sir Francis Jacobs KCMG KC, and Co- Reporters, Prof Dr Takis Tridimas and Prof Dr Elise Muir.

The underlying premise of the ELI Charter is that a European liberal democratic state is based on majority rule but is constrained by the obligation to respect the rule of law, including fundamental human rights. Although focused on the fundamental constitutional principles of European states, there is of course no assertion that Europe has the monopoly of liberal democracy. This Charter therefore also refers to international initiatives and constitutional norms found beyond Europe and seeks to have global resonance.

The principles are grouped under the following heads: (1) liberal democracy; (2) the rule of law; (3) judicial independence; (4) checks and balances – accountability; (5) dignity and equality; (6) protection of fundamental rights; and (7) constitutional integrity.  Each principle is accompanied by a succinct commentary on its meaning and scope and indicative references to its legal sources.

In the words of Prof Dr Takis Tridimas, project’s Co-Reporter: This Charter, written after extensive consultations in Europe and beyond, seeks to serve as a reference point for the fundamental principles that govern a contemporary, citizen-centred, democracy bound by the rule of law.

Among the innovative aspects of the ELI Charter is that it also seeks to capture contemporary challenges posed by political extremism or illiberal populism and novel threats such as media manipulation and fake news. Furthermore, it aims at providing a value framework within which modern pan-European concerns, such as sustainability, artificial intelligence and automation, and the role of internet platforms can be assessed. Those issues have not been previously captured in a comprehensive way in a report of this nature.

The full ELI Charter, which is yet to be copyedited and formatted, is available here. A series of webinars on each of the Charter’s chapters will take place shortly. 

• Webinar I on Liberal Democracy – 11 March 2024 (register here)
• Webinar II on the Rule of Law – 25 March 2024 (register here)
• Webinar III on Judicial Independence – 8 April 2024 (register here)
• Webinar IV on Dignity and Equality – 22 April 2024 (register here)
• Webinar V on Checks and Balances - Accountability – 6 May 2024 (register here)
• Webinar VI on Protection of Fundamental Rights – 20 May 2024 (register here)
• Webinar VII on Constitutional Integrity – 17 June 2024 (register here)