Executive Summary

The European Union is transitioning from an economic-focused framework to a value-based legal order, with digital regulation playing a pivotal role. By operationalizing constitutional commitments in the digital sphere, the EU aims to address challenges posed by Big Tech and safeguard fundamental rights, including privacy and autonomy, for all members of society.

Historical Background: From Economic Integration to Value-Based Governance

The European Union was initially conceived as an economic project, focusing on the integration of markets and the facilitation of trade among member states. Over time, however, the EU has evolved into a more complex entity, emphasizing shared values such as human dignity, equality, and democracy, as outlined in Article 2 of the Treaty on European Union (TEU).

Recent geopolitical crises, including migration challenges, rule-of-law disputes, and the dominance of Big Tech, have highlighted the need for a stronger value-based approach. These developments have pushed the EU to adopt laws that operationalize its constitutional commitments, ensuring that its foundational principles are upheld even in the digital age.

Red Lines and Their Limitations

The judgment in Commission v Hungary introduced the concept of ‘red lines’—boundaries that cannot be crossed without violating European values. While this approach is effective for addressing clear and severe breaches, it struggles to address incremental violations, such as the erosion of privacy and autonomy by data-driven business models. These gradual infringements often escape immediate detection but cumulatively undermine fundamental rights.

Operationalizing Values Through Digital Regulation

EU digital regulation, including the GDPR, DSA, and AI Act, represents a proactive approach to embedding European values into everyday practices. These laws aim to protect individuals from the asymmetries of power created by Big Tech, ensuring that privacy, dignity, and equality are safeguarded in the digital sphere. By addressing issues like algorithmic decision-making and data governance, the EU is creating a framework that aligns technological advancements with its constitutional principles.

Challenges and Legislative Solutions

Despite its progress, the EU faces significant obstacles in building a cohesive digital society. The dominance of private actors, geopolitical tensions, and the rapid pace of technological change complicate efforts to enforce shared values. Legislative solutions, such as increased transparency requirements and participatory mechanisms, are essential for mitigating these challenges and fostering trust among stakeholders.

Impact on Migrants

The EU’s shift toward value-based governance in the digital sphere marks a significant step in its evolution. By addressing the challenges posed by Big Tech and operationalizing constitutional commitments, the Union is laying the groundwork for a more inclusive and equitable society. However, continued vigilance and adaptive legislation will be necessary to ensure that these values are upheld in the face of emerging technologies.