The Digital Omnibus on AI, Legislative Legitimacy and the Dynamics of AI Regulation
Driving the Digital Omnibus on AI are growing concerns within the European Union about economic growth, competitiveness, innovation and regulatory simplification. What is particularly striking about the Digital Omnibus on AI is that it seeks to amend the AI Act that entered into force less than two years ago in August 2024. This raises the question of how we can understand both the need and urgency with which the European institutions have sought amend a centrepiece of EU legislation that is still in its infancy. In addressing this question, we examine the Digital Omnibus on AI through the lens of legislative legitimacy. In so doing, we ask how the specific dynamics of AI have shaped the legitimacy of AI regulation. Here, we are concerned not only with the issue of technological change, but with the broader dynamics of the evolving 'socio-technical landscape' of AI. In addressing this question, we argue that three specific dynamics have created a legitimacy dilemma for the EU institutions in the context of the AI Act: the race for AI regulation; the race for AI dominance and; the race for regulatory connection. As a response and proposed solution to this legitimacy dilemma, we further contend that, as a solution to the legitimacy dilemma caused by these three dynamics, the Digital Omnibus on AI in turn reshapes the legitimacy of the AI Act as it prioritises political and operational rationalities over legal and cultural rationalities.