The Digital Sphere as a Factor Transforming the Regulatory Techniques of the European Union: Challenges and Prospects

Digitalisation has emerged as a transformative force within the European Union (EU), reshaping not only the substance of regulation but also the very techniques through which legislation is conceived, drafted and implemented. This contribution examines how the digital sphere operates as an endogenous factor of regulatory innovation, influencing both legislative and non-legislative acts. It focuses on the progressive integration of digital instruments within the EU’s law-making process, from the “Have Your Say” portal and “Call for Evidence” mechanisms to the Better Regulation Toolbox and the Legislation Editing Open Software (LEOS) project. Together with the Interoperable Europe Act, these initiatives constitute the structural framework of an emerging digital legislative infrastructure.The analysis explores how these tools enhance transparency, accountability and evidence-based governance, while simultaneously generating new tensions concerning flexibility, legal certainty and algorithmic opacity. Particular attention is given to the delegation of normative functions to private actors and to inequalities in access to digital participation channels. The article concludes by proposing methodological criteria for ensuring the “digital quality”of EU law-making—centred on intelligibility by design, independent algorithmic scrutiny, and supervised regulatory sandboxes—arguing that digitalisation must remain compatible with the principles of the rule of law and democratic legitimacy.