The rise of digital constitutionalism in the European Union

Abstract

In the last twenty years, the policy of the European Union in the field of digital technologies has shifted from a liberal economic perspective to a constitution-oriented approach. This change of heart has resulted primarily from the rise of the information society which has created not only new opportunities but also challenges to fundamental rights and democratic values. Even more importantly, this technological framework driven by liberal ideas has empowered transnational corporations operating in the digital environment to perform quasi-public functions on a global scale. This article analyzes the path and the reasons that have led the European Union to enter a new phase of modern constitutionalism (i.e. digital constitutionalism). The primary goal of this article is to describe the characteristics of this new constitutional phase opposing platform powers, and to outline the potential evolution of European digital constitutionalism in the global context.