SMART REGULATION AS A SAFEGUARD OF FUNDAMENTAL RIGHTS
DOI:
https://doi.org/10.17058/rdunisc.vi76.20442Abstract
This article examines the concept of regulation and its multiple interpretations, highlighting the emergence of smart regulation, which aims to reduce hyperregulation and implement principles of good regulatory practice. The study hypothesizes that, in regulatory contexts, official discretion often prevails, frequently distant from objective parameters, a condition comparable to the operation of large technology companies. In a democratic State, regulation should be impersonal, equitable, and derived from collective construction, articulated through networks and aligned with higher-ranking principles and norms. Furthermore, sustainable and inclusive digital technologies facilitate new forms of interaction between the State and citizens, enabling the co-creation of regulatory arrangements — termed cryptoregulation — based on blockchain and crowdsourcing models. These arrangements support economic, social, cultural, and environmental development and align with emerging standards of collective intelligence.
