Abstract

This essay analyses the evolution of the principle of the rule of law in the European legal order. It elucidates the notion of “Community based on the rule of lawµ introduced by the ECJ in 1986, and it explains how the principle of the rule of law has expanded up to include the protection of fundamental rights and the common values as now enshrined in Art. 2 TEU. Moreover, the essay illustrates that, in order to sanction the rule of law backsliding without recurring to the burdensome procedural requirements provided by Art. 7 TEU, the EU strengthened its legal and political instruments and the European Parliament recently proposed to amend the treaties in this field.