European digital constitutionalism and remedies - 3rd EU Civil Justice Seminar Series
The ERC Building EU Civil Justice team is running a series of seminars. The series covers a variety of topics in the field of European civil justice and zoom in on the key topics our group has been working on over the past four years. These include the privatization and digitalization of civil justice, cross-border judicial co-operation, international business courts, and self-representation. Each session will bring together invited speakers and our own researchers. To join us for one or more of these sessions, please register here over Eventbrite.
Thursday, 15 July (15.30-17.30 CET)
European Civil Justice in Transition: Past, Present & Future
In this last seminar of the series several highly regarded academics in the area of European civil justice shed their light on key current and future issues, including digitisation, collective redress, ADR and funding of civil justice.
Speakers: Alan Uzelac, Burkhard Hess, Eva Storskrubb and John Sorabji (moderated by Alexandre Biard and Xandra Kramer)
Thursday, 1 July (16:00-18:00)
Friday, 2 July (09:30-11:30)
The Arbitralization of Courts
Thursday, 6 May (15:00-17:00)
Friday, 21 May (10:00-12:00)
Friday, 4 June (10:00-12:00)
Published: June 9, 2021
The third seminar of the EU Civil Justice Seminar Series took place on Friday 4th of June 2021. The Seminar touched upon the topic of European digital constitutionalism and remedies. In the past two decades, the European Union has developed a framework of European digital constitutionalism. This framework was prompted as a reaction towards the predominance of digital private norm activities which were accelerating within the EU. Within this EU framework, there are various remedies and dispute resolution mechanisms available. These remedies are not just public remedies, but also bottom-up approaches to enforcement. For example, the Facebook Oversight Board presents a form of private adjudication. The European Commission proposal for a Digital Services Act (DSA) acknowledges the need to regulate such online platforms, for instance it requires online platforms to be transparent about why they take particular decisions.
Giovanni De Gregorio, who is a postdoc at the Centre for Socio-Legal Studies at the University of Oxford, kicked of the seminar with providing the introduction of the topic European digital constitutionalism. He explained how the remedies within the framework are shaped and why these remedies have been made available. He noted the shift which is experienced from digital liberalism to digital constitutionalism.
The second speaker, Catalina Goanta, who is an assistant professor at Maastricht University, touched upon the platform powers. She explained that platforms are offering much more functions than just content, such as commercial functions of social commerce. She gave the example of Instagram, through which people can buy shoes. Catalina stressed the importance of asking the question on how to answer to this increasing power of these platforms. In this regard, Catalina addressed the potential of the DSA.
The third speaker was Clara Iglesias Keller, who is a postdoc research fellow at the Leibniz Institute for Media research and at WBZ Berlin Social Sciences Centre. She touched upon the topic of judicial review and constitutionalism. She highlighted the complexity of drawing up regulation for the Internet and also raised concerns of how claims can be redressed, as she pointed out that some claims are not brought to court.
A vivid discussion followed raising numerous insights and food for future thought.