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Making the Rule of Law Great Again: The Building of the Digital Rule of Law in the European Union

Engel, Annegret LU and Groussot, Xavier LU (2024) p.273-294
Abstract
This chapter examines the legislative and judicial dimensions of the digital rule of law in the EU and its current and future building. We argue that adjudication in EU law related to the digital rule of law is destined to grow as it is fostered by the new legislation in digitalisation and a proactive Court of Justice eager to interpret the rights enshrined under the Charter. The building of the digital rule of law takes the form of an increased reliance on the Charter in horizontal situations and an increasing application of the principle of proportionality before the courts, including a balancing of fundamental rights. In this chapter, we examine the reasons for this growth in EU litigation within the digital field and whether this... (More)
This chapter examines the legislative and judicial dimensions of the digital rule of law in the EU and its current and future building. We argue that adjudication in EU law related to the digital rule of law is destined to grow as it is fostered by the new legislation in digitalisation and a proactive Court of Justice eager to interpret the rights enshrined under the Charter. The building of the digital rule of law takes the form of an increased reliance on the Charter in horizontal situations and an increasing application of the principle of proportionality before the courts, including a balancing of fundamental rights. In this chapter, we examine the reasons for this growth in EU litigation within the digital field and whether this constitutes a positive development for the protection of the rule of law in the EU, thus making the rule of law great again in a time of ‘rule-of-law anxiety’. (Less)
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author
and
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
EU law, Human rights, Digitalisation, Competition law, Eu-rätt, Mänskliga rättigheter
host publication
New Directions in Digitalisation: Perspectives from EU Competition Law and the Charter of Fundamental Rights
editor
Engel, Annegret ; Groussot, Xavier and Petursson, Gunnar Thor
pages
19 pages
publisher
Springer
external identifiers
  • scopus:85210043471
ISBN
9783031653803
9783031653834
9783031653810
DOI
10.1007/978-3-031-65381-0_14
language
English
LU publication?
yes
id
defbe721-df60-4ec2-a998-fae7f89f20a6
date added to LUP
2023-11-09 15:32:05
date last changed
2025-07-11 02:16:22
@inbook{defbe721-df60-4ec2-a998-fae7f89f20a6,
  abstract     = {{This chapter examines the legislative and judicial dimensions of the digital rule of law in the EU and its current and future building. We argue that adjudication in EU law related to the digital rule of law is destined to grow as it is fostered by the new legislation in digitalisation and a proactive Court of Justice eager to interpret the rights enshrined under the Charter. The building of the digital rule of law takes the form of an increased reliance on the Charter in horizontal situations and an increasing application of the principle of proportionality before the courts, including a balancing of fundamental rights. In this chapter, we examine the reasons for this growth in EU litigation within the digital field and whether this constitutes a positive development for the protection of the rule of law in the EU, thus making the rule of law great again in a time of ‘rule-of-law anxiety’.}},
  author       = {{Engel, Annegret and Groussot, Xavier}},
  booktitle    = {{New Directions in Digitalisation: Perspectives from EU Competition Law and the Charter of Fundamental Rights}},
  editor       = {{Engel, Annegret and Groussot, Xavier and Petursson, Gunnar Thor}},
  isbn         = {{9783031653803}},
  keywords     = {{EU law; Human rights; Digitalisation; Competition law; Eu-rätt; Mänskliga rättigheter}},
  language     = {{eng}},
  month        = {{11}},
  pages        = {{273--294}},
  publisher    = {{Springer}},
  title        = {{Making the Rule of Law Great Again: The Building of the Digital Rule of Law in the European Union}},
  url          = {{http://dx.doi.org/10.1007/978-3-031-65381-0_14}},
  doi          = {{10.1007/978-3-031-65381-0_14}},
  year         = {{2024}},
}