THE INNOVATION MANDATE: Making Europe's Digital Supervisory State Accountable for Rights, Growth and Scale

Mark Leiser

No bmcnv_v1, SocArXiv from Center for Open Science

Abstract: Europe does not need a weaker digital rulebook. It needs a more constitutionally disciplined supervisory state. Where Union law leaves a regulator a lawful choice among materially different routes, the regulator should be required to identify the rights or safety risk, disclose the evidence and assumptions on which it relies, consider less burdensome rights-preserving alternatives, assess implications for legal certainty, investment and scale, and explain why the selected route is proportionate. The proposal is therefore not a substantive privilege for innovation. It is a meta-duty governing the exercise of discretion: a duty of regard, evidence, and public reason-giving that operates beneath the rights floor and outside individual-case direction.

Date: 2026-07-19
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DOI: 10.31219/osf.io/bmcnv_v1

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