Policymaking in the digital era: Exploring techno-legal assemblages and their impact on policy formulation

Abstract

This paper contributes to the literature by shedding light on the impact of digital technologies on the policymaking process. Specifically, it focuses on the formulation phase of policymaking, where policymakers discuss, draft, and approve formal legislation that directly or indirectly involves digital technologies. By drawing on the assemblage theory, the paper argues that the assemblages of existing technological and legal systems significantly influence the policymaking process during the formulation phase. Through a case study of the Italian reform of the Digital Administration Code (DAC), the paper offers a new framework that unpacks the various dimensions – organizational, normative, political, and technological – of the policy formulation phase impacted by techno-legal assemblages. This research provides valuable insights for policymakers tasked with discussing, drafting, and approving policies to digitize relevant public administration sectors.