Italy’s Constitutional Gamble
On October 10, 2025, Italy enacted Law No. 132/2025 on artificial intelligence, becoming the first EU Member State to adopt comprehensive national legislation complementing the AI Act.
This move raises a serious constitutional question: can Member States successfully navigate the tension between European harmonization and national constitutional identity in AI governance?
Italy’s pioneering approach risks triggering precisely the kind of regulatory fragmentation that the AI Act was designed to prevent.
This contribution argues that while Law 132/2025 introduces innovative constitutional safeguards – particularly regarding democratic integrity – it simultaneously exposes fundamental contradictions in the EU’s approach to digital sovereignty that may undermine both innovation and rights protection.
Author's summary: Italy's AI law raises constitutional questions.
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