In order to provide clarity of the theoretical framework of the concepts used in this essay we will conceptualize the rule of law based on The Origins of Political Order (Fukuyama, 2011), i.e., as an abstract body of rules of justice based on values and not on legislation as the exercise of the function of political power. However, the use of the combination of the civil system and common law in cyberspace in the European Union has allowed a better performance of the legal framework for the control and enforcement of the rule of law.