Europe’s Digital Emergency: Is the Digital Networks Act Powering Up Telcos at Democracy’s Expense?

Introduction: In a Brussels conference room thick with urgency, European lawmakers unveil the Digital Networks Act (DNA) - a sweeping regulation pitched as the continent’s answer to a mounting telecoms crisis. But beneath the surface of “digital sovereignty” and “infrastructure resilience,” a deeper question lurks: Is the EU trading its hard-won constitutional protections for a fast fix that puts telcos in the driver’s seat and fundamental rights in the rearview mirror?

The State of Exception: From Crisis to Policy

Invoking the logic of “emergency,” the DNA frames Europe’s telecom woes - a sector squeezed by U.S. and Asian tech titans and staggering infrastructure costs - as an existential threat. Drawing on the legal theories of Carl Schmitt and Giorgio Agamben, analysts see the Act as more than an economic fix: it’s a “state of exception” where normal rules are suspended and power is concentrated, not in the hands of citizens or member states, but in a technocratic-industrial complex.

Breaking with Europe’s Digital Constitution

For three decades, the EU has carefully built a digital constitutionalism - anchored by the Charter of Fundamental Rights, GDPR, and the Digital Services Act - where fundamental rights like privacy, data protection, and fair competition are non-negotiable. The DNA, critics argue, upends this model. By prioritizing the financial sustainability of incumbent telcos, it risks subordinating these rights to commercial interests and eroding hard-fought safeguards.

“Fair Share” or Unfair Advantage?

Central to the controversy is the “fair share” mechanism, which would force major content and application providers (think Netflix, Google) to pay network fees. While telcos claim this levels the playing field, the Internet Architecture Board and digital rights advocates warn it could break net neutrality, stifle smaller innovators, and ultimately hike costs for consumers - violating both EU law and the spirit of an open internet.

Centralization and the Democratic Deficit

The DNA also proposes shifting regulatory power from national authorities to Brussels, raising alarms about a “democracy gap.” Critics say this undermines local expertise and public participation, risking a Europe where decisions about vital digital infrastructure are made far from the citizens they affect.

Can Reform and Rights Coexist?

Few deny Europe needs robust telecom infrastructure and global players. But the DNA’s approach - prioritizing speed and efficiency over constitutional checks - has sparked calls for concrete safeguards: constitutional “safety clauses,” conditional public investments, and a renewed role for independent regulators. Without these, experts warn, Europe may find itself with stronger telcos but a weaker democracy.

Conclusion

The Digital Networks Act stands at a crossroads for Europe: a test of whether economic urgency can justify rewriting the rules that have defined its digital identity. As the EU seeks to assert sovereignty in a turbulent world, it must decide - will it champion a model where rights and democracy come first, or allow an “exceptional” crisis to become the new normal, with power concentrated and pluralism diminished?

WIKICROOK

• Digital Sovereignty: Digital sovereignty is a nation's ability to control and protect its digital infrastructure and data from external threats, ensuring autonomy and security.
• Net Neutrality: Net neutrality ensures ISPs treat all internet traffic equally, preventing blocking, throttling, or favoritism toward specific websites or services.
• Incumbent Telco: An incumbent telco is a long-standing telecom provider that dominates a market, often managing critical infrastructure and facing unique cybersecurity challenges.
• Fair Share: Fair Share is a policy suggesting big online content providers should help fund telecom networks due to their significant impact on data traffic and infrastructure.
• Regulatory Scrutiny Board: The Regulatory Scrutiny Board reviews proposed EU regulations, including cybersecurity laws, to ensure quality, effectiveness, and minimal unnecessary burdens.