Co-regolamentazione, nuove tecnologie e diritti fondamentali: questioni di forma e di sostanza

Starting from an overview of the formal and substantial scope of the sources of law, the paper deals with the regulatory strategies implemented by the European Union in reference to the new emerging technologies. More specifically, on the one hand, the paper aims at underling the substantial implications of co-regulation for the protection of fundamental rights; on the other hand, it aims at assessing the “safeguards” of public law relevance provided by the GDPR, the DSA and the AIA, in respect of the discretionary choices delivered by their “general clauses” to co-regulation