The transformative nature of the EU Declaration on Digital Rights and Principles: replacing the old paradigm (normative equivalency of rights)

Cristina Cocito; Paul De Hert

doi:10.1016/j.clsr.2023.105846

The transformative nature of the EU Declaration on Digital Rights and Principles: replacing the old paradigm (normative equivalency of rights)

Cristina Cocito, Paul De Hert

Research output: Contribution to journal › Article › peer-review

3 Citations (Scopus)

Abstract

In December 2022 the European Commission, the European Parliament and the Council of the European Union jointly signed the European Declaration on Digital Rights and Principles, a document aiming to steer the EU digital agenda upon EU constitutional values and fundamental rights. Digital constitutionalism scholars regard the Declaration as a positive step forward within the process of constitutionalization of the digital environment in Europe. The Declaration includes both traditional rights enshrined in the EU Charter of Fundamental Rights and digital principles. Some of these principles have progressively underpinned the EU digital policy framework while others have been expanded in the Declaration or are of completely new formulation. In this contribution, we assess the Declaration's value in terms of relevance and novelty within the landscape of protection of online needs and interests in the EU. By assessing the Declaration's normative approach and using Lawrence Lessig's distinction between codifying and transformative constitutional regimes, we evaluate the Declaration's progressive and transformative character under a constitutional perspective.

Original language	English
Article number	105846
Pages (from-to)	1-11
Number of pages	11
Journal	Computer Law & Security Review
Volume	50
DOIs	https://doi.org/10.1016/j.clsr.2023.105846
Publication status	Published - Sep 2023

Bibliographical note

Funding Information:
The idea supported by the UN, referred to as ‘normative equivalency paradigm’, relies on the dogmatic assumption that traditional human rights norms suffice to provide protection to individuals in the online domain. In other words, existing human rights frameworks adequately cover emerging digital interests, values, and needs. The UN has thus been a pioneer of the normative equivalency-based approach towards protection of rights and interests of online users, with the 2015-appointment of the first Special Rapporteur on the Right to Privacy, tasked with interpreting the applicability of the conventional right to privacy in the digital, as one key initiative taken under this paradigm.

Publisher Copyright:
© 2023 Cristina Cocito and Paul De Hert

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title = "The transformative nature of the EU Declaration on Digital Rights and Principles: replacing the old paradigm (normative equivalency of rights)",

abstract = "In December 2022 the European Commission, the European Parliament and the Council of the European Union jointly signed the European Declaration on Digital Rights and Principles, a document aiming to steer the EU digital agenda upon EU constitutional values and fundamental rights. Digital constitutionalism scholars regard the Declaration as a positive step forward within the process of constitutionalization of the digital environment in Europe. The Declaration includes both traditional rights enshrined in the EU Charter of Fundamental Rights and digital principles. Some of these principles have progressively underpinned the EU digital policy framework while others have been expanded in the Declaration or are of completely new formulation. In this contribution, we assess the Declaration's value in terms of relevance and novelty within the landscape of protection of online needs and interests in the EU. By assessing the Declaration's normative approach and using Lawrence Lessig's distinction between codifying and transformative constitutional regimes, we evaluate the Declaration's progressive and transformative character under a constitutional perspective.",

author = "Cristina Cocito and {De Hert}, Paul",

note = "Funding Information: The idea supported by the UN, referred to as {\textquoteleft}normative equivalency paradigm{\textquoteright}, relies on the dogmatic assumption that traditional human rights norms suffice to provide protection to individuals in the online domain. In other words, existing human rights frameworks adequately cover emerging digital interests, values, and needs. The UN has thus been a pioneer of the normative equivalency-based approach towards protection of rights and interests of online users, with the 2015-appointment of the first Special Rapporteur on the Right to Privacy, tasked with interpreting the applicability of the conventional right to privacy in the digital, as one key initiative taken under this paradigm. Publisher Copyright: {\textcopyright} 2023 Cristina Cocito and Paul De Hert",

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The transformative nature of the EU Declaration on Digital Rights and Principles: replacing the old paradigm (normative equivalency of rights)

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