The Role of the Venice Commission in Establishing a Clear Legal Framework on Digital Technologies and Democracy

This paper examines how the Venice Commission can enhance legal certainty and democratic coherence in the regulation of digital technologies. Building on the Commission’s 2016 Rule of Law Checklist, it argues that clarity, foreseeability, and consistency are essential to both the rule of law and democracy. It analyses the growing complexity of the EU’s digital regulatory framework – particularly the interplay between the Digital Services Act, the Artificial Intelligence Act, and the Regulation on Political Advertising—and shows how overlapping regimes risk fragmenting legal obligations and undermining democratic legitimacy. The paper concludes that the Venice Commission, through its advisory role and dialogue-based methods, could promote a more coherent and predictable approach to digital governance, guiding both EU and non-EU states in aligning technological innovation with the fundamental values of democracy and the rule of law.