Considerazioni in merito all’introduzione, “a Trattati invariati”, di nuovi meccanismi per il rispetto della rule of law

The current rule of law crisis in Hungary and Poland has confirmed the shortcomings of Article 7 TEU procedure as an efficient tool to resolve systemic deficiencies of the rule of law in the Member States. This article aims at contributing to the ongoing debate on the opportunity and the feasibility of new legal tools concerning respect for the rule of law at the internal level. In particular, two proposals are discussed. The first proposal concerns the adoption of a legal instrument on the protection of the Union’s budget in the case of generalised deficiencies as regards the rule of law in the Member States. The second proposal aims to create an independent body which should be entrusted with the permanent review and assessment in the fulfilment of rule of law standards by EU member States. Both these proposals are assessed taking into account that, in the current political context, any attempt to introduce new legal instruments to implement the compliance with the rule of law by EU Member States might only be introduced without changing the Treaties.