PLATFORM LAW AND THE CO-REGULATION MODEL OF DIGITAL ECOSYSTEMS: A THEORETICAL AND LEGAL ANALYSIS OF THE EVOLUTION OF THE EUROPEAN UNION'S APPROACH

Isaev David Shakhlarovich

The article presents a comprehensive study of the transformation of the European Union's regulatory paradigm in the context of digital age challenges. The relevance of the topic is determined by the rapid development of the «platform law» phenomenon and the need to develop adequate mechanisms for legal regulation of digital ecosystems. The study focuses on analyzing the evolution of the EU's approach from a policy of voluntary self-regulation to a model of «enlightened co-regulation» amid new technological challenges, including the proliferation of generative artificial intelligence and escalating cyber threats. The methodological basis of the research comprises comparative legal analysis, institutional approach, and case study method applied to examine the law enforcement practice under the Digital Services Act (DSA) and Digital Markets Act (DMA) Regulations during 2024-2025. The scientific novelty of the work lies in developing the concept of «algorithmic constitutionalism» as a new stage in the evolution of digital contractualism, as well as conducting a comprehensive analysis of the initial implementation results of the European «Digital Services Package2 in the context of countering risks generated by artificial intelligence. The research concludes that the EU is establishing a precedent-setting model of hybrid digital regulation based on the principle of «constructive rigidity», where public-law guarantees ensure the legitimacy of private rule-making in transnational digital space. The theoretical significance of the work is determined by its contribution to the development of the digital public law doctrine, while its practical value lies in identifying optimal ways to balance private and public interests in the digital environment.

Keywords:platform law, digital regulation, co-regulation, European Union, DSA, DMA, algorithmic constitutionalism, generative artificial intelligence, meta-regulation, digital public goods, cyber resilience