European Values: Sovereignty in EU Digital Law and Policy

This chapter explores the concept of European digital sovereignty as both a philosophical and historical construct in EU digital law and policy. It contextualises digital sovereignty within a long-standing European tradition, linking it to foundational values such as human dignity, freedom, and democracy outlined in treaties and declarations like the Treaty on European Union or the Declaration on European Digital Rights and Principles. It provides a philosophical overview of sovereignty from classical times, through modern developments post-Westphalia, to contemporary interpretations that move beyond territoriality, acknowledging non-state actors like technology companies and the EU as new “sovereign” forces. Ultimately, the chapter suggests that EU digital sovereignty efforts are a step toward a “digital constitution” aiming to create a legitimate framework for governing digital spaces. However, it remains a work in progress as the EU must address internal critiques, questions of legitimacy, and the global implications of its regulatory reach.