EU's Digital Omnibus seeks to amend AI Act, raising legitimacy questions

The Digital Omnibus on AI proposes significant amendments to the EU AI Act less than two years after its entry into force. In a new paper, Casey and Colonna examine this rapid revision through the lens of legislative legitimacy. They argue that the urgency stems from three intertwined dynamics: the race for AI regulation (competing with other jurisdictions), the race for AI dominance (global tech competition), and the race for regulatory connection (keeping pace with technological and socio-technical change).

These dynamics create a legitimacy dilemma for EU institutions. The Omnibus responds by prioritizing political and operational rationalities—speed and flexibility—over the legal and cultural rationalities that underpinned the original AI Act. The authors contend this shift reshapes the Act's legitimacy, potentially undermining its long-term credibility. The paper provides a critical perspective on how fast-moving AI governance risks sacrificing foundational principles for short-term competitiveness.