The lack of digital law is going to cause chaos.
( Seven minute read)
In recent years, the European Union has embarked on an ambitious regulatory journey driven by the goal of protecting fundamental rights and democratic values in the digital age.
The European regulatory approach has also led to legislative proliferation, raising primary constitutional questions in terms of coordination and enforcement.
Indeed, the scale and speed with which the EU legislators continue to introduce new digital laws has resulted in a lack of strategic control.
Instead of strengthening the digital single market, fragmented enforcement risks diluting the EU’s efforts and contradicting the core principles of its legal order, including the protection of fundamental rights and democratic values.
It has created a complex digital ecosystem marked by uncertainty and significant constitutional challenges regarding the distribution of powers among national and European regulators at various levels of governance.
The AI Act further complicates the landscape by allowing each Member State to appoint multiple market surveillance authorities, necessitating close cooperation with Data Protection Authorities.
The gap-filling function of sincere cooperation may not suffice in the near future to resolve the enforcement overlaps of multiple competent authorities.
Beyond regulatory effectiveness, the lacking clarity in institutional cooperation in the enforcement of digital laws also produces consequences for the values enshrined in European Treaties.
Within the enforcement jungle, the protection of fundamental rights, democracy and the rule of law, which arguably lie at the heart of the will not be sufficiently upheld.
The key challenge here is whether clear constitutional boundaries can prevent an overreach by EU bodies into national regulatory and enforcement spheres.
This calls for a broader reflection on the effectiveness of EU law in light of the evolving digital governance strategy, which faces systemic enforcement challenges.
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