Autore: Pitruzzella, Giovanni
Titolo: Diritti e innovazione tra Europa e Stati Uniti
Periodico: Quaderni costituzionali
Anno: 2026 - Fascicolo: 1 - Pagina iniziale: 17 - Pagina finale: 37

Information technology is at the centre of a battle between different forces and interests of a geopolitical, economic, ideological and legal nature. In the global competition to exploit information technology, three areas based on different models have emerged. The US has created a market-driven model, China a state-driven model and the Eu a rights-driven model. The three models are the expression of different constitutional structures. European digital constitutionalism is based on the protection of fundamental rights, while the American model is based on freedom of expression, the centrality of which is reaffirmed by the Supreme Court even in the digital age. The emphasis on the protection of fundamental rights has triggered a process of over-regulation. A trade-off has been created between innovation and the protection of rights through regulation. The main criticisms concern the GDPR. Innovation is essential for economic growth. Economic growth is essential for the proper functioning of democracy. The issue addressed in the article is how to reconcile the need for innovation with the digital rule of law. The guarantees of the rule of law can be a factor in Europe’s attractiveness, especially in a world where the «jungle» is back. However, it is still necessary to reduce the regulatory burden, according to the Commission’s proposal contained in the «Digital Omnibus», and promote industrial policy. It is not just «bad regulation» that exacerbates the red tape. There is also «good regulation», such as that which will establish the Union of Savings and Capital, which is essential for reviving innovation in Europe.




SICI: 0392-6664(2026)1<17:DEITEE>2.0.ZU;2-Z
Testo completo: https://www.rivisteweb.it/download/article/10.1439/120167
Testo completo alternativo: https://www.rivisteweb.it/doi/10.1439/120167

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