Oreste Pollicino

I am full Professor of Constitutional Law in Bocconi. I also teach the courses on GDPR, Media Law, Internet Law and I am Honest Broker appointed by the European Commission for the negotiation on the ‘Strengthened EU Code of Practice on disinformation  on line which I  delivered to the European Commission Vice president Vera Jourova in  July 2022; I am also Member of the Management Board, European Union Agency for Fundamental Rights, Vienna; Board Member of the Digital Library, Ministry of Culture; Member of the European Commission Sounding Board of the Multistakeholder in the fight against online disinformation; Participant to the Conseil of Europe Ad Hoc Committee on Artificial Intelligence (CAHAI); Italian member of the OECD Global Partnership on Artificial Intelligence. I have been recently appointed as general rapporteur for the World Conference of the International Academy of Comparative Law (Pollicino O, General Report, in O. Pollicino, (ed) , Freedom of Speech and the Regulation of Fake News, Forthcoming,  Intersentia,  2023. A recent monograph has been recently published: Judicial Protection of Fundamental Rights in. Internet. A Road Towards Digital Constitutionalism?, Hart Publishing, 2021; I also edited  recently with H. Micklitz, A. Reichman, G. Sartor, A. Simoncini, G. De Gregorio), Constitutional Challenges in the Algorithmic Society, Cambridge University Press, 2021, 1-342 and with R. Adorno, M. Ienca, L. Liguori, E. Stefanini, The Cambridge Handbook of Life Sciences, Information Technology and Human Rights, Cambridge University Press, 2022.

Contact: op2144@nyu.edu

Research Project

Digital Constitutionalism and Transatlantic Geometries of Digital Rights and Power(s) The goal of this project is to design a new policy architecture for the protection of fundamental rights within the algorithmic society. If, therefore, we have entered a whole new phase of society, I believe that a new phase of constitutionalism (i.e. of digital constitutionalism) should follow, to guarantee that people’s rights are protected in their everyday life. In this perspective, this project will analyse specifically how the shift in the way power is exercised requires us to re-frame the entire apparatus of fundamental rights and powers. Moreover, the project will assess how the development of this new social and constitutional framework will affect the way in which countries express and exercise their digital sovereignty. The primary aim of the project is thus that of defining the characteristics of a novel digital habeas corpus, which shall include a set of constitutional remedies upon which individuals may rely vis-à-vis both public and private actors. The nature of this new instrument will go beyond any traditional binary category of soft law or hard law, since its goal will be fundamentally that of fostering a more profound and deep change of direction in European (and worldwide) digital policies. At the same time, the purpose of this project will be that of overcoming the divide which has up to now separated public institutions and private actors. This project will look not only at the European experience but will also move across the Atlantic to investigate the digital policies of the US. The choice of focusing on the European and US models is motivated especially by the mutual influence, as well as profound differences, between the digital policies of the two jurisdictions.