In their working paper, media lawyers Tobias Mast and Christian Ollig look at a new, unconventional approach to legislation on the EU level.
With the Digital Services Act and the Terrorist Content Online Regulation, the European legislator recently chose a new legislative technique in platform regulation. It obliges service operators as private actors to take EU fundamental rights into account in certain activities. Such cross-level references in regulatory law to the Charter of Fundamental Rights raise interesting questions in terms of legitimacy and methodology, which the article examines.
You can download the working paper here (PDF)
Mast, T.; Ollig, C. (2023): The Lazy Legislature. Incorporating and Horizontalising the Charter of Fundamental Rights through Secondary Union Law. Hamburg: Hans-Bredow-Institut, November 2023 (Working Papers of the Hans-Bredow-Institut | Project Results No. 70) DOI: https://doi.org/10.21241/ssoar.90681