How can a political European Commission be an effective digital watchdog?

A highly politicised European Commission is ill-equipped to serve as an objective enforcer of the European Union’s digital rulebook.

Originally conceived as a technocratic body insulated from political control, the Commission has evolved into a political entity with explicit geopolitical ambitions and the policy tools to advance them. This structural shift creates two severe risks that undermine the effectiveness of EU digital laws: under-enforcement due to potential trade retaliation and over-enforcement driven by domestic protectionist pressure. Ultimately, the potential for enforcement distortion damages market competition, increases business uncertainty and diminishes the EU's strategic autonomy. 

Literature on regulatory capture states clearly that effective market watchdogs must be shielded from the political cycle. To do this, the Commission should consider delegating part of its enforcement powers to an independent EU digital authority.

Outsourcing enforcement from the Commission, however, comes at a cost, and the case for an independent authority is presently not equally compelling for different digital regulations.

For example, outsourcing enforcement of the Digital Markets Act (DMA) or the AI Act – which regulate large digital platform service providers and artificial intelligence developers, respectively – would face legal hurdles and strip the Commission of the critical expertise currently required to shape ongoing, rapidly evolving legislative proposals.

On the other hand, the Digital Services Act (DSA) – designed to create a safer and more transparent online environment – is an ideal candidate for outsourcing. It is the target of intense political pressure regarding freedom of speech, facing both retaliatory threats from the United States and internal EU criticism. Furthermore, the DSA's legal framework is sufficiently stable to enable safe and highly effective externalisation of regulatory oversight.

The best way for the Commission to ensure the neutral and credible application of the EU's DSA may be to let an independent agency do it instead.

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