Navigating the Digital Seas: Free Movement of Services in the Digital Single Market
Navigating the Digital Seas: Free Movement of Services in the Digital Single Market
Author(s): Ovidiu Ioan DUMITRU, Iulia-Alexandra DiduSubject(s): Law, Constitution, Jurisprudence, EU-Legislation, Commercial Law, Court case, Comparative Law
Published by: EDITURA ASE
Keywords: digital single market; free movement of services; digital services; harmonisation; European Union Law; fundamental rights;
Summary/Abstract: The harmonisation of the European Union's Digital Services Law epitomises a joint collaboration in the making of a legal framework where innovation and economic growth may find fertile ground. The convergence of such legal frameworks would not turn out to be an idle bureaucratic practice, but a visionary step toward a digitally integrated Europe. This harmonisation process means evading legal uncertainties and incoherencies deterring the smooth delivery of digital services by bringing national laws into line with overarching EU directives. This study, therefore, seeks to look at the detailed legal and regulatory framework that shapes the notion of a unified Digital Single Market in the European Union. With services crossing borders so easily, this article explains the subtle balance that has to be struck in a bid to nurture innovation while maintaining consumer rights, non-distorted competition, and data privacy. The narrative meanders to the pivotal legislative milestones of the Digital Services Act and the Digital Markets Act as a way to appraise the transformation this will exact on service providers and consumers alike. It contemplates the subtleties of cross-border data flows, dismantling barriers to digital trade, and emphasising harmonisation at the level of national rules in this domain. By providing a comprehensive analysis of current policies and landmark decisions of the European Court of Justice, the article underlines an urgent need for a smooth-acting, responsive legal framework - one that will foster the growth of the digital economy while protecting the fundamental rights of citizens. It further emphasises the ethos of collaboration amongst member states in the EU and stands to uphold a uniform approach in the mastering of the complexities surrounding service provision in the digital market, displaying that the DSM is resilient and inclusive in the whirlwind created by technological evolution.
Journal: European Business Law Journal
- Issue Year: 3/2024
- Issue No: 1
- Page Range: 24-46
- Page Count: 23
- Language: English