Agora suveranității digitale: reconstrucția spațiului juridic public în fața autonomiei tehnologice și a crizei controlului în jurisprudența CJUE
The Digital Sovereignty Agora: reconstructing the public legal space in the face of technological autonomy and the crisis of control in CJEU case-law

Summary/Abstract: This article examines the transformation of the European legal space under the impact of digitalisation and the increasing autonomy of technological systems, focusing on how these developments generate a crisis of legal control and a reconfiguration of sovereignty within the constitutional order of the European Union. The central concept of the research is the “digital agora,” used as a legal-constitutional metaphor to describe the mutation of the public space from a framework of human deliberation and transparent institutional decision-making into an environment mediated by algorithmic infrastructures, with direct effects on the exercise of fundamental rights.The study further explores the structural tension between the logic of the rule of law and the functioning of autonomous algorithmic systems, highlighting the growing difficulties in ensuring effective judicial control within a context characterised by technological opacity and decentralised decision-making. In this framework, legal sovereignty is reinterpreted not merely as the state’s normative monopoly, but as the capacity of the legal order to impose constitutional constraints on the digital infrastructures that shape the public sphere. The “digital agora” thus emerges as the key concept capturing the contemporary transformation of public space and the need for its reconstruction through legal instruments capable of preserving the primacy of constitutional values in the age of algorithms.

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