The EU Digital Regulation and its Impact on Member States

In Europe, the digital landscape is undergoing significant transformations, driven by both technological advancements and regulatory changes. The primary challenges lie in managing the influence of dominant large platforms while striving to create a fairer, more accessible, and competitive European digital market. In response, the European Union has initiated a regulatory revolution with major legislative acts such as the Artificial Intelligence Act (Ai Act), Digital Markets Act (DMA) and the Digital Services Act (DSA). The book deals with the impact of these regulatory systems in selected Eu Member States.

Given the significance and cross-disciplinary nature of the topic, the book is divided in two main sections. The first section addresses the recently approved Artificial Intelligence Act and its impact on the regulatory framework and administrative systems of the specified Member States. In light of the increasing integration of artificial intelligence within the public sector across Europe, this section examines the existence of national legislation in the relevant countries and its relationship with the AI Act. Furthermore, this section investigates the organizational and institutional changes in the selected countries, as well as the reinterpretation of traditional principles of administrative law or the creation of new ones to align with the provisions of the Regulation. The second section delves into the complex landscape of the newly introduced DMA and DSA, focusing on the various institutional arrangements adopted by Member States and their national competent administrations to support this new EU legal regime. It provides a comprehensive and detailed understanding of the national-level implementation of these regulations and their implications, highlighting the institutional interplay and the complexities of effective regulation in the digital age.

Autorentext

Francesco Decarolis is Full Professor at the Department of Economics, Bocconi University - Milan. In addition to his role at Bocconi University, he is a Temporary Professor of National School of Administration of the Italian Presidency of the Council of Ministries; a CEPR Research Affiliate; an associate editor of The Review of Economic Studies and of the Journal of the European Economic Association; a board member of the Association for Competition Economics, and a member of the Executive Committee of the European Association for Research in Industrial Economics.

Barbara Marchetti is Full Professor of Administrative Law at the University of Trento, Italy, specializing in AI and public governance, administrative justice, and European and comparative administrative law. She has authored five monographs and numerous scholarly works, including several studies on AI regulation in the public sector. She is an active member of academic networks such as the European Group of Public Law and ICON S, and serves on the editorial boards of legal journals including Rivista italiana di diritto pubblico comunitario, Diritto pubblico, and Rivista della regolazione dei mercati.

Luisa Torchia is Full Professor of Administrative Law at the Department of Law, University of Roma Tre, Italy. Her main research interests are AI and public administration, EU administrative law, comparative administrative law. She is a founding member and Council member of the international organizations ICON S and EPLO. Over the past five years, she established and directed the Master s program The Digital State at the University of Roma Tre. She also serves as an editor for Rivista trimestrale di diritto pubblico, Giornale di diritto amministrativo, and the European Review of Public Law.

Inhalt

Part I: Public administrations and AI: national law and AI Act.- AI and Public Administration.- Italian Public Administration in the Face of Digital Transformation.- The EU Digital Regulation and its Impact on Germany.- AI Systems in French Public Administration: Implementation, Legal Safeguards, and Organizational Evolution in the Context of EU Regulation.- AI in the Spanish Public Sector.- Automated Decision-Making in Estonia's Public Sector: Innovation, Regulation, and Challenges About Non-Discrimination.- Part II: DSA, DMA and their interaction with how Member States regulate their digital markets.- Implementing the DMA and DSA: Comparing National Approaches in the EU.- Implementing the Digital Service Act and the Digital Market Act in Italy.- Implementing and Enforcing the EU s Digital Gatekeeper Regulation: A German Perspective on the Role of National Authorities.- Implementing DMA and DSA in France: analysis of the institutional architecture and regulatory dynamics.- The Spanish approach to digital regulation: from GSM to DSA/DMA.- Navigating the Intersection of National and European Digital Regulations: Estonia's Implementation of the DSA and DMA.