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Rule of Law
PART II
2.4.1 General Provisions
Vienna 1989 (Questions Relating to Security in Europe: Principles)
(13) (…) [the participating States] will
(…)
(13.4) - effectively ensure the right of the individual to know and act upon his rights and duties in this field, and to that end publish and make accessible all laws, regulations and procedures relating to human rights and fundamental freedoms;
(…)
Copenhagen 1990
(2) [The participating States] are determined to support and advance those principles of justice which form the basis of the rule of law. They consider that the rule of law does not mean
merely a formal legality which assures regularity and consistency in the achievement and enforcement of democratic order, but justice based on the recognition and full acceptance of the
supreme value of the human personality and guaranteed by institutions providing a framework for its fullest expression.
(3) They reaffirm that democracy is an inherent element of the rule of law (…)
(…)
(5) They solemnly declare that among those elements of justice which are essential to the full
expression of the inherent dignity and of the equal and inalienable rights of all human beings
are the following:
(…)
(5.3) - the duty of the government and public authorities to comply with the constitution and
to act in a manner consistent with law;
(…)
(5.5) - the activity of the government and the administration as well as that of the judiciary will be exercised in accordance with the system established by law. Respect for that system
must be ensured;
(…)
(5.7) - human rights and fundamental freedoms will be guaranteed by law and in accordance
with their obligations under international law;
(5.8) - legislation, adopted at the end of a public procedure, and regulations will be published,
that being the condition for their applicability. Those texts will be accessible to everyone;
(5.9) - all persons are equal before the law and are entitled without any discrimination to the
equal protection of the law. In this respect, the law will prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground;
(…)
(5.15) - any person arrested or detained on a criminal charge will have the right, so that the
lawfulness of his arrest or detention can be decided, to be brought promptly before a judge or
other officer authorized by law to exercise this function;
(…)
(5.18) - no one will be charged with, tried for or convicted of any criminal offence unless the
offence is provided for by a law which defines the elements of the offence with clarity and
precision;
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