Navigating the Complexities of the DSA’s Enforcement Framework: Sincere Cooperation in Action?

The Digital Services Act (DSA) represents an important development in the EU regulation of online services, tackling online disinformation and harmful content. However, its success depends on effective enforcement across the European Union. As the DSA enters its implementation phase, its enforcement regime is under scrutiny, particularly the cooperation mechanisms between Member States’ competent authorities. It appears that Member States, while acting in compliance with their institutional autonomy, may have unintentionally created an enforcement structure that is not well-suited for cooperation. Therefore, this article examines the role of the principle of sincere cooperation in the EU legal order and how this principle could enhance cooperation among national competent authorities also in the context of the DSA.

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Publication Details

Journal
Utrecht Law Review
Published
2025-01-01
DOI
https://doi.org/10.36633/ulr.1074
Citations
2
Primary Topic
Business Law and Ethics
Type
article
Field-Weighted Citation Impact
7.82
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article

Navigating the Complexities of the DSA’s Enforcement Framework: Sincere Cooperation in Action?

Pietro Mattioli
2 citations
Utrecht Law Review
Business Law and Ethics
7.82
article

Navigating the Complexities of the DSA’s Enforcement Framework: Sincere Cooperation in Action?

Pietro Mattioli
article en
2 citations

Abstract

The Digital Services Act (DSA) represents an important development in the EU regulation of online services, tackling online disinformation and harmful content. However, its success depends on effective enforcement across the European Union. As the DSA enters its implementation phase, its enforcement regime is under scrutiny, particularly the cooperation mechanisms between Member States’ competent authorities. It appears that Member States, while acting in compliance with their institutional autonomy, may have unintentionally created an enforcement structure that is not well-suited for cooperation. Therefore, this article examines the role of the principle of sincere cooperation in the EU legal order and how this principle could enhance cooperation among national competent authorities also in the context of the DSA.

Utrecht Law ReviewVol. 21(1)
University of Liège (BE)
Openalex Percentile: Top 3%
Business Law and Ethics
7.82
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