Italy’s Constitutional Gamble

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 regulatory fragmentation that the AI Act was designed to prevent.

Law 132/2025 introduces innovative constitutional safeguards, particularly regarding democratic integrity.

However, it simultaneously exposes fundamental contradictions in the EU's approach to digital sovereignty, potentially undermining innovation and rights protection.

Author's summary: Italy's AI law raises questions about EU harmony.

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Verfassungsblog Verfassungsblog — 2025-10-31

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