

Can Constitutional Law Protect Us From AI? | Prof. Raquel Brízida Castro | RegulatingAI Podcast
The RegulatingAI Podcast welcomes Prof. Raquel Brízida Castro to examine how Europe's AI regulatory framework measures up against core constitutional protections.
📌 Topics Covered:
~ The EU AI Act’s categorisation of risk – does it go far enough?
~ The collision between data sovereignty, latency, and user rights
~ Why current legal remedies like GDPR aren't enough for generative AI
~ Does the Brussels effect stand a chance against the Washington effect?
~ Will national courts lose relevance in the age of EU digital regulation?
~ Raquel's legal insight warns of a quiet constitutional revolution underway and why citizen protection must evolve urgently.
🎧 Watch Now: This conversation is vital for anyone navigating AI governance in democratic societies.
Resources Mentioned:
https://www.linkedin.com/in/raquel-a-br%C3%ADzida-castro-15317a105/
⏱️ Timestamps:
0:00 Introduction to the podcast and guest, Raquel Brízida Castro
2:21 Magnificent Introduction
2:58 The EU AI Act from a Constitutional Law Perspective
3:20 Constitutional Challenges and the Digital Social Democratic Rule of Law
5:59 New Fundamental Rights in the AI Age
8:27 The Right to Explainability: Rule of Law vs. Rule of Algorithm
11:34 Is the EU AI Act's Risk-Based Approach Adequate?
12:05 The Impact of AI on Fundamental Rights
14:52 Regulation vs. Bureaucracy and Self-Regulation
16:26 The Implementation of the AI Act and its Challenges
21:58 The EU vs. US Approach: Regulation vs. Innovation
23:55 The False Dilemma Between Regulating and Innovation
27:09 The Washington Effect
30:51 Implications for American Companies in Europe
31:49 Digital Sovereignty and the Problem of Latency
35:28 Constitutional Safeguards and Regulatory Overreach
35:40 The Primacy of European Law and the Role of Constitutional Courts
38:58 The Two-Year Moratorium on the EU Act
40:30 Lightning Round of Questions
43:24 Final thoughts