Digital Public Law: An Introduction Starting from European Union

Abstract

This legal-scientific investigation aims to understand what would be the indications of the possible delimitation, determination of a digital public sphere that deserves the protection of public law, especially the rule of law and protection of human and fundamental rights in the context of European Union. In order to achieve this goal, it is imperative to understand what is meant by digital public sphere and its implications in the daily life of society, in order to then advance to the most relevant legal framework established by the European Union, in essential domains in cyberspace, like data protection, privacy and artificial intelligence. From this, we will address the principles that stand out properly in relation to digital public law, both generally and specifically. In the end, we attempt to demonstrate the role of the Judiciary in the construction of this introduction to digital public law.

Keywords: Digital Law, Digital Public Law, Digital Public Sphere, Fundamental Rights, Cyberspace