LEADER 04916nam 22005055 450 001 9910911298403321 005 20250923002941.0 010 $a9783031653810 010 $a3031653815 024 7 $a10.1007/978-3-031-65381-0 035 $a(CKB)36549466000041 035 $a(MiAaPQ)EBC31788952 035 $a(Au-PeEL)EBL31788952 035 $a(DE-He213)978-3-031-65381-0 035 $a(NjHacI)9936549466000041 035 $a(EXLCZ)9936549466000041 100 $a20241113d2025 u| 0 101 0 $aeng 135 $aur||||||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aNew Directions in Digitalisation $ePerspectives from EU Competition Law and the Charter of Fundamental Rights /$fedited by Annegret Engel, Xavier Groussot, Gunnar Thor Petursson 205 $a1st ed. 2025. 210 1$aCham :$cSpringer Nature Switzerland :$cImprint: Springer,$d2025. 215 $a1 online resource (293 pages) 225 1 $aEuropean Union and its Neighbours in a Globalized World,$x2524-8936 ;$v13 311 08$a9783031653803 311 08$a3031653807 327 $aNew Directions in Digitalisation: An Introduction -- Part I: The Competition Dimension -- Licence to Regulate: Article 114 TFEU as Choice of Legal Basis in the Digital Single Market -- The Objectives of Regulating the Digital Economy indicate that there is a right to data in the Digital Markets Act with direct effect and applicability -- EU Digital Competition Law: Starting from Scratch -- Enough of fairness: pre-emption and the DMA -- The Power to carry out Dawn Raids under the Digital Markets Act ? Nothing more than a Scarecrow? -- Part II: The Fundamental Rights Dimension -- The Interaction between Free Movement and Fundamental Rights in the (Digital) Internal Market -- A reading of the Digital Markets Act in the light of fundamental rights -- Enhancing Autonomy of Online Users in the Digital Markets Act -- The Digital Markets Act and the Principle of Ne bis in idem: A Revolution in the Enforcement of EU Competition Law? -- Between Online and Offline Due Process: the Digital Services Act -- A new Framework for Limitation of Fundamental Rights in EU law? -- Part III: Future Directions in Digitalisation -- Digital constitutionalism, EU digital sovereignty ambitions and the role of the European Declaration on digital rights -- Making the Rule of Law Great Again: The Building of the Digital Rule of Law in the European Union. 330 $aThis open access book brings together experts from both EU competition law as well fundamental rights backgrounds, discussing the most recent developments in EU legislation on digitalisation. Most prominently, it explores the recently introduced Digital Markets Act (DMA), including a discussion on other related legislative acts and the respective case law. It is aimed mostly at academics and researchers in the area of digitalisation, EU competition law, and the EU Charter, but will also provide some useful insights from practitioners in the field. The internet has long been neglected and exempt from being regulated at EU level. In particular, this concerns the application of fundamental rights. The specific challenges for the digital sphere are numerous; worldwide scope, easy access, interoperability, rapid technological change, fluctuating market conditions, anonymity, disinformation, lack of traceability and thus enforcement, to name but a few. Fundamental EU values, in particular including democracy and the respect for human rights, have suffered as a direct result of these growing problems in the digital sphere. More recently, however, the EU has started to actively regulate the new technologies in order to avoid European values being undermined by an unregulated internet. In the specific field of competition law, the development of new technologies has created many challenges and raised questions for the legislator how to regulate big market players: their cross-border nature, vicissitudes, and enormous market powers allow some of them to be able to escape legal scrutiny under the current set of ex-post rules. The DMA now introduces an ex-ante mechanism for competition law and claims to be aligned with the procedural and institutional rights granted under the Charter, which will be scrutinised and challenged by the various contributions in this book. 410 0$aEuropean Union and its Neighbours in a Globalized World,$x2524-8936 ;$v13 606 $aInternet$xLaw and legislation 615 0$aInternet$xLaw and legislation. 676 $a343.407 700 $aEngel$b Annegret$0969886 701 $aGroussot$b Xavier$0604826 701 $aPetursson$b Gunnar Thor$01776360 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910911298403321 996 $aNew Directions in Digitalisation$94292974 997 $aUNINA