ARTIFICIAL INTELLIGENCE AS A LEGAL SUBJECT OR AS AN OBJECT TO LEGISLATE: THE PERSPECTIVE OF THE EUROPEAN LEGISLATOR

Abstract

Faced with the frequent threats of AI systems, the contribution clarifies the regulatory perspective adopted by the European Union in order to govern, in a complete and above all urgent manner, a phenomenon that has raised great fears, but also ambitious promises of economic development. In the view of the European legislator, and as emerges from the AIA, the product-risk approach would make it possible to prevent possible harmful applications of AI, making it increasingly safe, trustworthy, and ethical, in line with an anthropocentric vision of progress. On the opposite side are those who consider AI as the holder of rights and duties, as well as liable for the damage caused by it, since it is not just a question of compliance with certain standards, beyond which the guarantees that service providers must ensure increase. Now, the debate is still ongoing, yet an artificial person, to whom even personality rights can be attributed, is certainly not a surprising concept for law.