Recent developments of digital constitutionalism in Europe

Mikić, Vladimir (2025) Recent developments of digital constitutionalism in Europe. Pravo - teorija i praksa, 42 (3). pp. 93-105. ISSN 0352-3713

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Abstract

The influence of modern digital technologies on contemporary constitutional law, both at the national and comparative level, has been steadily increasing. Having emerged in the early 21st century, digital constitutionalism, although one of the youngest categories of public law, significantly affects constitutional principles and values, particularly in Europe. Digital constitutionalism is especially significant because its existence and original development require at least a partial redefinition of constitutional law, particularly in the context of protecting fundamental rights and freedoms. This paper examines the normative framework for the European Digital Constitution (EDC), which encompasses the extensive set of digital law regulations adopted by the European Union (EU) and the Council of Europe (CoE). The paper also analyzes the Venice Commission’s Principles for a Fundamental Rights– Compliant Use of Digital Technologies in Electoral Processes. The concept of the EDC is elaborated, along with its main objectives.

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