Blacklist of AI systems under EU Regulation 2024/1689 in light of the EU fundamental rights protection
Blacklist of AI systems under EU Regulation 2024/1689 in light of the EU fundamental rights protection

Summary/Abstract: This article presents new EU Regulation 2024/1689/EU (the ‘AI Act’), which establishes general rules for the development, marketing, and use of AI systems within the EU. Therefore, from 2 February 2025 onwards, the use and marketing of AI systems deemed particularly dangerous under the criteria set out in Chapter II of the new AI Act will be banned across the EU. Failure to comply may result in substantial administrative fines, with a maximum penalty of either €35 million or 7% of a company’s total worldwide turnover for the previous year. These relatively new experiences with AI-based products prompt lawyers to re-examine well-established legal concepts and to face challenges associated with the use of AI systems for law enforcement purposes. While AI systems employed in law enforcement can be beneficial, they may also interfere with people’s fundamental rights, most notably the rights to non-discrimination, freedom of expression, human dignity, and the protection of personal data and privacy. Therefore, the author seeks to identify the challenges that still lie ahead for legislators and courts in applying the AI Act. In analysing these issues, the author employs research methods relevant to legal studies, including formal-legal and legal-comparative approaches.  

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