Le sentenze della Corte di giustizia sul Regolamento UE sulla condizionalità relativa alla rule of law: gli elementi di novità e le (numerose) questioni aperte

The contribution provides a reconstruction of the contents of the EU Regulation n. 2020/2092 as well as the main elements of continuity and discontinuity present in the judgements delivered on 16 February 2022 in the framework of the annulment actions brought by Hungary and Poland. The paper focuses, in particular, on the scope and limits of the statements made by the European Court of Justice, on the one hand, regarding the relationship between mutual trust and the rule of law, and on the other hand, on the relationship between solidarity and conditionality. Lastly, it briefly deals with the questionable follow-up ensured so far to the judgements and which questions the effectiveness of the Regulation and of the reconstruction offered by the Court itself.