Regulating the Smart City in European Municipalities: A Case Study of Amsterdam

Abstract

This article studies how local governments interface with the adoption of smart city initiatives, and the challenges this poses from a public law perspective. Although every smart city develops within an administrative territory regulated by a local government, this dimension often remains overlooked in legal and smart city literature. Municipal governments can act as regulators through their existing competences in spatial planning, environmental protection, local by-laws, financial subsidies, and partnerships. However, through an analysis of the Amsterdam Smart City program, this article shows that the smart city challenges this traditional role as regulator. Specifically, it observes four elements: (1) fragmentation, (2) networked governance, (3) multilevel governance, and (4) experimentation. These elements illustrate four challenges for the role and position of municipalities in the smart city: (1) collaborating across municipal departments, (2) steering smart city programs through public-private networks, (3) navigating the limits of local government’s powers on smart city issues, and (4) experimenting with new forms of public procurement. These challenges push municipal governments to find new ways to fulfil their role as public authorities, such as the creation of new municipal departments, the development of soft law instruments, and the use of innovative procurement. Legal research needs to examine these shifts in a context where citizens’ rights are put under pressure. smart city, municipal government, local government, public-private partnerships, networks, governance, privatization, digitization