This chapter analyses the link between the Digital Services Act (DSA) and the rule of law principle, arguing that the new Regulation contributes to the affirmation and development of a digital rule of law in the European Union. Some of the obligations set forward in the DSA materialise the principles arising from the rule of law applied to the digital ecosystem and departing from the need for a strong “digital constitutionalism” in the algorithmic society. While formally private, digital giants manage materially public spaces, that form to the new “digital public sphere”, in which private actors perform functions and exercise powers that traditionally belong to public authorities. The intervention of constitutional law is required considering the primary function of the rule of law: to temper power wherever it is and regardless of who exercises it. Focusing on the new procedural obligations introduced by the DSA, the article describes how the DSA is articulated with the digital rule of law.

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Digital Services Act: Towards the Digital Rule of Law

  • Tiago Morais Rocha

摘要

This chapter analyses the link between the Digital Services Act (DSA) and the rule of law principle, arguing that the new Regulation contributes to the affirmation and development of a digital rule of law in the European Union. Some of the obligations set forward in the DSA materialise the principles arising from the rule of law applied to the digital ecosystem and departing from the need for a strong “digital constitutionalism” in the algorithmic society. While formally private, digital giants manage materially public spaces, that form to the new “digital public sphere”, in which private actors perform functions and exercise powers that traditionally belong to public authorities. The intervention of constitutional law is required considering the primary function of the rule of law: to temper power wherever it is and regardless of who exercises it. Focusing on the new procedural obligations introduced by the DSA, the article describes how the DSA is articulated with the digital rule of law.