La costruzione degli Stati Uniti d’Europa fra condizionalità, Stato di diritto e identità costituzionale

This article reflects upon the February 16th 2022’ judgments released by the European Court of Justice on the cases in C-156-21 and in C-157-21, dismissing the request of annulment brought by Poland and Hungary against the regime of conditionality for the protection of the Union budget in the event of breaches of the rule of law principles. In view of the fundamental importance of this issue, the essay analyses the legal and historical origins of the EU rule of law principle as today enshrined in Article 2 TEU. Moreover, the article highlights that both concepts of “illiberal principles” and “national identity” may weaken the federal development of the European Union and the protection of the rule of law in its Member States.