The controversial role of the European Commission in the DSA’s public enforcement

The Digital Services Act (Regulation (EU) 2022/2065), which governs the conduct of online platforms and marketplaces, is set to transform the functioning of the online environment in terms of its transparency and the risks it poses. To ensure the effectiveness of the instrument, the European legislator has entrusted its public enforcement system not only to the corresponding national authorities, but also to the European Commission. This is a novel decision in that, traditionally, the powers to enforce European rules have rested exclusively with national authorities, but not with the European institution. Against this backdrop of change, this research will seek to explore and reflect on the reasons justifying the adoption of this approach, as well as its legitimacy and the controversy it has sparked and continues to spark today. In view of the above, this research combines analytical, comparative, legal, exegetical and teleological methods, which will lead to the conclusion that, whilst the appointment of the Commission is justified in order to prevent lax oversight of compliance with the legislation, its actions still fall short of the necessary standard of rigour, as they are influenced by political factors, and this could give rise to a future need to replace this body with a supranational and independent agency