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.