Panahi, Tahireh Author aut de Bittencourt Siqueira, Andressa Author aut Text xx# 2024 Verfassungsblog 2024-06-03 eng

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Soft law offers the possibility of agile and flexible regulation that can adapt to dynamic digital developments. However, due to its non-binding nature, soft law is not considered to be very effective. With the Digital Services Act (DSA), however, the EU is taking an - at least from a legal dogmatic perspective - unconventional approach by combining hard and soft law in a unique way. The DSA itself is a legally binding EU regulation, but it provides for soft law instruments and even contains provisions for their legal enforcement. Although such regulatory techniques are well known in EU law, they at least call into question the public perception of the DSA as the ‘constitution of the internet’. How far-reaching can such a constitution be that outsources essential issues to (executive-initiated, privately set) soft law? CC BY-SA 4.0 Panahi, Tahireh digital platforms Digital Services Act DSA Platform Regulation Soft Law 342 https://verfassungsblog.de/soft-law-dsa-co-regulation/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.59704/73aaa5ac9d80b65b 240603 10.59704/73aaa5ac9d80b65b Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)