El impacto del Reglamento de Inteligencia Artificial sobre el ordenamiento jurídico español

Abstract

This paper analyses the impact of the European Artificial Intelligence Regulation on the Spanish legal system. It begins by situating the Regulation within the current global context, considering the challenges posed to its implementation by the fragmentation of globalisation and the deregulatory pressure exerted by the United States. Given this context, one could currently speak of an "anti-Brussels effect" because a national regulation without pretensions of projecting itself globally has a greater chance of success than a European one. The paper then assesses the potential impact of the European Regulation at the constitutional level from a broad perspective that considers the transformations occurring with the digital revolution. Finally, it analyses the regulatory development of the Regulation in Spain. It concludes that, despite the political commitment demonstrated by the government and institutions regarding European AI policy, and especially the AI Act, the regulatory formulation is still underway and has a minimal scope that does not correspond to the idea of a substantive national development within the framework of the Regulation.

Keywords: AI Act; Fragmentation of globalisation; European law and national constitutional law; The sanctions regime; Cybersecurity; Sandboxes; Biometric identification; AI oversight agencies