In Europe, the digital landscape is undergoing significant transformations, driven by both technological advancements and regulatory changes. The primary challenges lie in managing the influence of dominant large platforms while striving to create a fairer, more accessible, and competitive European digital market. In response, the European Union has initiated a regulatory revolution with major legislative acts such as the Artificial Intelligence Act (Ai Act), Digital Markets Act (DMA) and the Digital Services Act (DSA). The book deals with the impact of these regulatory systems in selected Eu Member States.
Francesco Decarolis is full professor at the Department of Economics, Bocconi University, Milano
Barbara Marchetti is full professor at the Faculty of Law, University of Trento
Luisa Torchia is full professor at the Department of Law, University Roma3
From Introduction (pagg. V-VI)
This book offers a unique contribution by bridging legal, economic, and institutional perspectives to provide a comprehensive, comparative analysis of how European digital regulations are taking shape in practice. Unlike existing studies that focus primarily on the design of the Digital Markets Act, Digital Services Act, and Artificial Intelligence Act, this volume shifts the emphasis to their implementation by Member States, and to their institutional and organizational impacts on Member States. It reveals the many institutional transformations, enforcement challenges, and unintended consequences that emerge at the national level. By systematically examining five key Member States - Italy, Germany, Spain, France, and Estonia, - the book uncovers the tensions between national regulatory autonomy and European harmonization, shedding light on the varied governance models adopted across jurisdictions. This comparative approach not only highlights best practices but also identifies potential regulatory blind spots, offering valuable insights for policymakers seeking to refine the EU’s digital governance framework in an era of rapid technological change.
Given the significance and cross-disciplinary nature of the topic, the book consists of two sections. The first section addresses the Artificial Intelligence Act (EU Reg. 2024/1689) and its impact on the regulatory framework and administrative systems in the five Member States analyzed. More specifically, it examines the various uses that national administrations are making of AI, the legal frameworks developed by courts and legislators to address the challenges posed by this technology, and the new principles of administrative law designed to mitigate risks. The section also explores how these principles could align with the regulatory framework of the AI Act and investigates the organizational and institutional changes necessary to respond effectively to this technological challenge.
The second section delves into the complex landscape of the newly introduced Digital Markets Act (DMA) and Digital Services Act (DSA), focusing on the various institutional arrangements adopted by Member States and their national competent administrations to support this new EU legal regime. By analyzing the implementation of these regulations in Estonia, France, Germany, Italy, and Spain, this section offers a detailed examination of how different national approaches shape the regulatory landscape and affect the effectiveness of enforcement mechanisms.
The book’s project main aim is to present concrete, comparative insights from five key Member States. Accordingly, the essays in both sections of the book seeks to contribute to a deeper understanding of how digital market governance is evolving across Europe. These case studies reveal important divergences in regulatory approaches, with some Member States taking proactive stances in enforcing new digital market rules, while others adopt a more cautious or fragmented approach. The analysis also touches on some of the unintended consequences of digital regulation.
A key aspect of the analyses presented in the studies concerns the institutional interplay between national and European regulators. For instance, the implementation of the DMA and DSA involves multiple governance levels, including national competition authorities, data protection agencies, and newly designated Digital Services Coordinators (DSCs). The book explores the challenges and trade-offs associated with coordinating these institutions, particularly in light of overlapping national and EU-level enforcement responsibilities.
Overall, the different essays provide policymakers, scholars, and industry stakeholders with a nuanced perspective on the opportunities and challenges of enforcing these regulations. Ultimately, they underscore the importance of adaptive and well-coordinated regulatory frameworks to ensure the society at large can benefit from advances in the tech sector.