13 October 2026
Between Student Expectations and Institutional Questions
The spread of AI systems appears increasingly central to the evolution of work and professions, and lawyers are not exempt. However, what remains rare, almost everywhere, is a broader strategy taken at the institutional level about the mission of academic institutions in the age of AI. Particularly, despite some exceptions, universities have acknowledged the relevance of AI, but legal education, particularly in Europe, is largely public, framed by national curricular requirements, and followed by a separate stage of professional training through bar schools and traineeships Continue reading >>
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10 February 2025
The Looming Enforcement Crisis in European Digital Policy
The EU's push for stronger digital laws to protect fundamental rights and democracy faces significant challenges due to fragmented enforcement and overlapping regulatory responsibilities. This fragmentation risks undermining the core principles of the EU legal order. A more coordinated, rule-of-law-centered enforcement framework is needed to address these tensions and ensure effective implementation of digital laws while safeguarding fundamental rights. Continue reading >>
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10 September 2024
Brave New World
The exhilaration and enthusiasm which followed the passing of the Digital Services Act (DSA) is long over. No matter one’s perspective on the DSA, it seems clear that the party is over and the work begins. One of the perhaps oddest provisions of the DSA is Article 21. It calls for the creation of private quasi-courts that are supposed to adjudicate content moderation disputes. User Rights, based in Berlin, is one of the first organisations to assume this role. Continue reading >>
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03 September 2024
Auditing Platforms under the Digital Services Act
Taming the power of online platforms has become one of the central areas of the European Union's policy in the digital age. The DSA increases the accountability of very large online platforms and very large search engines by introducing an auditing system. The audit process as defined by the DSA risks producing counterproductive consequences for the European policy objectives. From a constitutional perspective, the outsourcing of competence and decision-making from public to private actors articulates a system of compliance and enforcement based on multiple centres of power. Continue reading >>
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24 May 2023
Monetising Harmful Content on Social Media
The possibility to profit from the dissemination of harmful content triggering views, engagement, and ultimately monetisation does not only concern the contractual relationship between social media and influencers, but also affects how other users enjoy digital spaces. The monetisation of harmful content by influencers should be a trigger, first, to expand the role of consumer law as a form of content regulation fostering transparency and, second, to propose a new regulatory approach to mitigate the imbalance of powers between influencers and users in social media spaces. Continue reading >>
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21 April 2022
Shareholder Power as a Constitutionalising Force: Elon Musk’s Bid to Buy Twitter
On 14 April 2022, billionaire Elon Musk came with one of his extravagant ideas: he offered to buy Twitter. According to Musk, who is already majority shareholder, the bid was motivated by his will to fully “unlock” the online platform’s potential as a space for free speech across the globe. This episode calls for a reflection on the future of online platforms as digital spaces for the flourishing of public debate and democracy. Continue reading >>
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10 March 2022
Big Tech War Activism
The war in Ukraine is live. It’s not only live on CNN or Al Jazeera but it’s live on different social media platforms, for better and worse. In this context, Big Tech platforms are not neutral. Rather, along with their users, they are giving rise to a new wave of tech war activism, siding with Ukraine. While many of these initiatives may be well intended, this new form of tech activism raises questions about the role of social media in times of war. Continue reading >>31 August 2021
The European Constitutional Road to Address Platform Power
The functions exercised by online platforms raise questions about the safeguarding of fundamental rights and democratic values from the autonomous discretion of the private sector, which is not bound by constitutional law. The Digital Services Act horizontally translates European constitutional values to private relationships, to limit governance by platforms. Continue reading >>11 May 2021
Trump’s Indefinite Ban
After months of waiting, the Facebook Oversight Board has upheld Facebook’s ban of former President Donald Trump. Beyond the merits, the decision underlines a trend showing how the FOB is applying protections of free speech. The FOB’s increasing reliance on the principle of proportionality and transparency is a paradigmatic example of an ever-growing distance to the First Amendment dogma characterising US constitutionalism and the proximity to the European (digital) constitutional approach. Continue reading >>26 February 2021