Artificial intelligence and fundamental rights: between collision and compatibility in the vision of the Council of Europe

This article explores the efforts of the Council of Europe towards regulating artificial intelligence (AI), with a focus on its use within the justice system.Analyzing international legal efforts is important in order to observe various regulatory approaches to AI globally, ranging from the US's capitalism-based model to the European focus on protecting fundamental rights.These approaches, regardless of their legal force, require integration and adaptation into the national legislative framework currently under consolidation.The Council of Europe was chosen for analysis because it has a rich, detailed activity that addresses the subject of technological innovation comprehensively, being centered on a multidisciplinary perspective.Additionally, the organization shows rigor in analyzing the ethical perspective and the protection of fundamental rights as the primary goal in the context of the intensive use of AI across all areas of life.We are thus witnessing an adaptation of the philosophy of law to include new concepts that have emerged in the AI era, ensuring that technological progress does not undermine human essence and its values.The present research therefore aims to demonstrate the utility of an interdisciplinary approach to navigate the ethical and legal implications of incorporating AI into everyday life.

Publication Details

Journal
Revista de drept constituţional
Published
2025-02-01
DOI
https://doi.org/10.62938/rdc-2024-2-0003
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
0.00

Funders

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article

Artificial intelligence and fundamental rights: between collision and compatibility in the vision of the Council of Europe

Revista de drept constituţional
Legal and Policy Issues
article

Artificial intelligence and fundamental rights: between collision and compatibility in the vision of the Council of Europe

article en

Abstract

This article explores the efforts of the Council of Europe towards regulating artificial intelligence (AI), with a focus on its use within the justice system.Analyzing international legal efforts is important in order to observe various regulatory approaches to AI globally, ranging from the US's capitalism-based model to the European focus on protecting fundamental rights.These approaches, regardless of their legal force, require integration and adaptation into the national legislative framework currently under consolidation.The Council of Europe was chosen for analysis because it has a rich, detailed activity that addresses the subject of technological innovation comprehensively, being centered on a multidisciplinary perspective.Additionally, the organization shows rigor in analyzing the ethical perspective and the protection of fundamental rights as the primary goal in the context of the intensive use of AI across all areas of life.We are thus witnessing an adaptation of the philosophy of law to include new concepts that have emerged in the AI era, ensuring that technological progress does not undermine human essence and its values.The present research therefore aims to demonstrate the utility of an interdisciplinary approach to navigate the ethical and legal implications of incorporating AI into everyday life.

Revista de drept constituţionalVol. 2025(2)
Yale University, University of Oxford, European Commission, Raymond and Beverly Sackler Institute for Biological, Physical and Engineering Sciences, Yale University
Peace, Justice and strong institutions
Openalex Percentile: Top 96%
Legal and Policy Issues
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