The European Regulation on Artificial Intelligence

The study critically outlines the key aspects of Regulation (EU) 2024/1689 on Artificial Intelligence (AI Act) and selectively highlights issues of constitutional interest that merit serious consideration. It comprises an Introduction, a General Section, a Special Section, and Conclusions. The Introduction sets out the overall framework of the study and provides a brief clarification of terminology. The General Part describes the process of adopting the Regulation and related legislation, followed by a comparative overview of AI regulation. It then examines the necessity of legislative intervention, outlines the philosophy and objectives of the text, and analyses the guiding principles that should govern the regulatory framework. The section proceeds with an examination of the scope of application and its similarities with Regulation (EU) 2016/679 (General Data Protection Regulation). It continues with the issues of control and supervision at both national and supranational level, and concludes with a systematisation of the sanctions and liability regime and an analysis of the Regulation's entry into force. The Special Section addresses key areas raising significant constitutional questions, including biometric identification, employment, democracy, education, health, and innovation. A separate part considers whether the revising legislator should incorporate AI into the forthcoming constitutional revision. The study concludes with final observations.