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Tesis

Doctoral thesis

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Título del proyecto: European Digital Constitutionalism and Governance: a case study of supranational constitutionalisation in the context of technological globalisation.

Derecho de la Unión Europea

Doctoral student: Pedro Lecanda Jiménez-Alfaro

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Research Centre or Institution : Universidad San Pablo-CEU. Madrid.

Thesis adviser:

Pedro Lecanda Jiménez-Alfaro

Abstract

The subject we are proposing involves an interdisciplinary approach (Constitutional Law, European Union Law, Philosophy of Law, Digital Law) to a dynamic scenario that makes it necessary to address fundamental methodological issues of legal science (the need to take into account the very architecture of the Internet and its fundamental features when establishing regulations adapted to the digital environment and its specific features), political (the understanding of Governance and the decentralisation of the State as regulator, a pressing issue in the European Union, due to its equally complex nature from this point of view) or more strictly legal (verifying how the changes in the conception of technologies have resulted in a growing regulation in the European Union, linked to an emphasis on digital sovereignty and the constitutionalisation of private law).

It is a question of connecting basic trends and their expression in the evolution of European digital regulation, which is increasingly approached with a strategy of active regulation and public supervision in which the application of the Union's constitutional acquis is central, as opposed to the characteristic scheme of the 1990s and early 2000s, whose aim was not so much the guarantee of fundamental rights and strategic autonomy, but rather innovation. The thesis is structured in two Parts: a first, of a legal-political nature, dedicated to the study of the crisis of the legalistic model of national sovereignty and the recent proposals for supranational governance and constitutionalisation in the European context; and a second, of a legal-technical nature, which deals with the special features of digital law and the case of the constitutionalisation of the responsibility of large digital platforms. 

The following goals emerge from this proposal:  

  • Cross-cutting goals: a systematic understanding of the place of the European Union in the context of legal and technological globalisation and of the relevance and particularities of its digital law and the impact of the transformations described above that will enable us to decant regulatory principles that set solid guidelines in a dynamic field that could threaten the cohesion of the Digital Single Market.
  • Specific goals: to offer a solid study of the European digital governance framework and its implications, as well as the phenomenon of supranational digital constitutionalism; to connect this framework with a particular or case study of this phenomenon of constitutionalisation that has occurred in recent decades, focusing on the case of large social network service providers. 

 

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