The rule of law is under pressure in many EU member states. Poland and Hungary, in particular, are challenging the basic consensus of the EU as a community based on the rule of law through an increasingly systematic undermining of the principles of the rule of law. With the ruling of the Polish Constitutional Tribunal on 7 October 2021, this development reached its climax thus far. In this policy brief, Lucas Guttenberg and Thu Nguyen explain the background to the conflict. They point out possible courses of action for the European Commission and explain what role the next German government can play in upholding the rule of law in the EU.