The publicity of EU law and the privatization of EU digital regulation

Abstract

The publicity of the law is a fundamental principle of EU law, but recently it has come under discussion in the case law of the Court of Justice of the EU (CJEU). This Editorial reflects on the constitutional foundations of the principle of publicity of the law in EU law, giving account of the recent controversies arisen before the CJEU in relation to soft law and harmonized standards, and of the growing tension between this principle and the rights of private regulators in the field of digital technologies.