Issue Information

• Published date: 01 January 2023
• Date: 01 January 2023
• DOI: http://doi.org/10.1111/eulj.12477

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EUROPEAN LAW JOURNAL Volume 29, Issue 1–2, January- March 2023

ISSN 1351-5993

Volume 29, Issue 1– 2, January-March 2023

EUROPEAN

LAW JOURNAL

Review of European Law in Context

Editor-in-Chief: Karine Caunes

CONTENTS

SPECIAL ISSUE: Law and common good in the digital age: Where art thou?

EDITORIAL

Law and common good in the digital age: Where art thou?; In this issue 2

KARINE CAUNES

VARIETY: Putting back the common good at the heart of digital regulation

The quadrangular shape of the geometry of digital power(s) and the move towards a procedural

digital constitutionalism 10

ORESTE POLLICINO

Taking fundamental rights seriously in the Digital Services Act’s platform liability regime 31

GIANCARLO FROSIO AND CHRISTOPHE GEIGER

The accountability of non-governmental actors in the digital sphere: A theoretical framework 78

MARK DAWSON

The public interest dimension of the single market for data: Public undertakings as a model for

regulating private data sharing 91

HEIKO RICHTER

The collective welfare dimension of dark patterns regulation 114

FABIANA DI PORTO AND ALEXANDER EGBERTS

Manipulation by algorithms. Exploring the triangle of unfair commercial practice,

data protection, and privacy law 142

PHILIPP HACKER

KALEIDOSCOPE: Through the looking glass darkly – on the European mass surveillance dystopia

Data retention and the future of large-scale surveillance: The evolution and contestation

of judicial benchmarks 176

VALSAMIS MITSILEGAS, ELSPETH GUILD, ELIF KUSKONMAZ AND NIOVI VAVOULA

Passenger name record (PNR) data: How the EU is promoting (virtual) security by actually limiting

Passengers' fundamental rights 212

EMILIO DE CAPITANI

Did the PNR judgment address the core issues raised by mass surveillance? 223

DOUWE KORFF

EPILOGUE

Democracy through law The Transatlantic Reflection Group and its manifesto in defence of democracy

and the rule of law in the age of “artificial intelligence” 237

PAUL NEMITZ

A Manifesto on Enforcing Law in the Age of ‘Artificial Intelligence’ 249

THE TRANSATLANTIC REFLECTION GROUP ON DEMOCRACY AND THE RULE

OF LAW IN THE "AI" AGE