European Digital Constitutionalism in Evolution: Rising within a Constellation of Legalities

In recent years, rapid advancements in digital technology have profoundly transformed
everyday life and redefined the boundaries of individual rights and public power. While digital innovation has fostered new opportunities for expression, business, and social interaction, it has also introduced complex challenges to fundamental rights such as privacy, data protection, and non-discrimination. In this contribution, Elif Biber examined the evolving European legal response to these tensions, tracing a shift from a liberal economic model to a constitutionally grounded approach known as digital constitutionalism. Through an analysis of key court decisions and legal instruments – particularly those of the CJEU and European institutions – it explored how digital constitutionalism seeks to limit digital power and safeguard democratic values. The presentation focused on three constitutionalist perspectives – liberal, societal, and global – and how they are embedded within recent European digital rules. It argued that the European approach has fostered a “constellation of legalities,” enabling dynamic interaction among diverse normative actors. This framework holds promise for addressing emerging gaps in the governance of the digital age.