The creation of a Digital Single Market (DSM) has rightly been set as a policy priority by European policymakers. But when it comes to the question of how to create a functioning DSM, most people working in policy would most likely first think of the various legislative initiatives that the Commission released in the last years. Proposals tackling geo-blocking, copyright, audiovisual media services and telecom rules are among the more obvious examples.
While this regulatory, ‘top-down’ approach usually gets most headlines, one should not neglect the importance of a mechanism that tries to ensure that online activities are not unduly hampered by national measures: a legal notification requirement that requires Member States to notify draft laws to the European Commission. You can view it as the flipside of the Commission’s regulatory powers as it would indeed be problematic if European-level efforts to create a functioning DSM were undermined by national measures.