The systematics of the European Artificial Intelligence Act in the context of the fundamental rights of the Union: the myth of the digital constitutionalism

In recent years, Artificial Intelligence (AI) bases on data driven and machine learning have been at the centre of debates on the implications of certain uses of this technology on fundamental rights in terms of individual and social risks. At the national level, reflections on whether or not AI systems have their own ontological determinism seem to have come up against the obstacles of the staticity of constitutional frameworks that are still analogical. In the European legal order, the most disruptive digital effects of the so-called knowledge economy on the subject and his or her rights seem to be conditioned by the telos of the centrality of the human being in his/her objective-axial dimension (guarantee of the Union’s values) and subjective dimension (protection of the Union’s fundamental rights). The European Union Artificial Intelligence Act would be its most recent legal-normative concretisation, in line with other norms of secondary law that would outline the dynamics of the so-called digital constitutionalism. Received: 28 May 2024Accepted: 12 September 2024