Making the Rule of Law Great Again: The Building of the Digital Rule of Law in the European Union

This chapter examines the legislative and judicial dimensions of the digital rule of law in the EU and its current and future building. We argue that adjudication in EU law related to the digital rule of law is destined to grow as it is fostered by the new legislation in digitalisation and a proactive Court of Justice eager to interpret the rights enshrined under the Charter. The building of the digital rule of law takes the form of an increased reliance on the Charter in horizontal situations and an increasing application of the principle of proportionality before the courts, including a balancing of fundamental rights. In this chapter, we examine the reasons for this growth in EU litigation within the digital field and whether this constitutes a positive development for the protection of the rule of law in the EU, thus making the rule of law great again in a time of ‘rule-of-law anxiety’.