Leading the Charge on Digital Regulation: The More, the Better, or Policy Bubble?

Abstract

For about a decade, the concept of ‘digital sovereignty’ has been prominent in the European policy discourse. In the quest for digital sovereignty, the European Union has adopted a constitutional approach to protect fundamental rights and democratic values, and to ensure fair and competitive digital markets. Thus, ‘digital constitutionalism’ emerged as a twin discourse. A corollary of these discourses is a third phenomenon resulting from a regulatory externalisation of European law beyond the bloc’s borders, the so-called ‘Brussels Effect’. The dynamics arising from Europe’s digital policy and regulatory activism imply increasing legal complexities. This paper argues that this phenomenon in policy-making is a case of a positive ‘policy bubble’ characterised by an oversupply of policies and legislative acts. The phenomenon can be explained by the amplification of values in the framing of digital policy issues. To unpack the policy frames and values at stake, this paper provides an overview of the digital policy landscape, followed by a critical assessment to showcase the practical implications of positive policy bubbles.