REGLEMENTAREA INTELIGENȚEI ARTIFICIALE ÎN SPAȚIUL EUROPEAN PERSPECTIVA UNIONALĂ ȘI PANEUROPEANĂ
REGULATING ARTIFICIAL INTELLIGENCE IN THE EUROPEAN AREA: THE UNION AND PAN-EUROPEAN PERSPECTIVE

Summary/Abstract: Regulating artificial intelligence in Europe can no longer be understood through the simplistic opposition between “innovation” and “control”, but rather through an institutional effort to provide a legal ordering of a technology capable of redistributing power, reshaping markets and, at the same time, reaching the hard core of fundamental rights. In the absence of a unitary global model, the European space has generated a dual architecture, distinguishing, on the one hand, the European Union’s intervention through a harmonisation instrument with an internal-market vocation and robust compliance mechanisms and, on the other hand, the pan-European contribution of the Council of Europe, through a framework convention that projects the standards of human rights, democracy and the rule of law onto the entire life cycle of artificial intelligence systems. The approach maintains that European specificity does not lie in the existence of two texts, but in the interaction between two normative logics that entail the ex ante harmonisation of the conditions for placing on the market and use, respectively the anticipatory consolidation of States’ obligations to protect fundamental values in changing socio-technical contexts.

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