Legitymizacja działań Unii Europejskiej na rzecz praworządności w ramach modelu kooperacyjnego (prawodawców politycznego i sądowego)

The need to protect the rule of law may be a decisive step to a paradigm shift in the understanding of judicial activism. The cooperative model developed in the literature, based on many decades of the jurisprudence of the Court of Justice of the European Union, is subordinate to the activity of the political legislator (The Commission – The Parliament – The Council). In particular, it postulates a change of perspective by the member states. During the rule of law crisis, the values and obligations arising from the Treaties require the member states to accept and act in favour of the model of cooperation between EU law-makers. This article presents the possible sources of legitimacy for the future rule of law protection mechanisms. Their establishment seems likely given the current political impasse preventing the use of the Article 7 TEU procedure.