The “Governance Turn” in EU Digital Policy

The Regulatory Instruments for Regulating AI and Digital Services

Abstract

The European Union is currently in the third phase of its digital policy-making agenda, marked by what has been described as a “new wave of regulation.” In this phase, the EU is confronted with an array of unprecedented and multifaceted challenges that require careful regulatory navigation. This article examines the extent to which the newly adopted or proposed regulatory instruments are both adequate and effective in achieving a balance among competing regulatory goals, which are increasingly in tension. These include the promotion of innovation and competitiveness, the protection of a broad spectrum of fundamental rights, and the prevention of foreseeable collective and societal harms. The analysis places particular emphasis on the regulatory frameworks introduced by the Artificial Intelligence Act and the Digital Services Act, examining their principal goals and the regulatory tools selected to achieve them.