Sources of law and fundamental rights in ai

A.A. 2024/2025
Crediti massimi
Ore totali
Obiettivi formativi
By the end of course, students should successfully be able to:
- Identify and understand the contents and implications of the core principles underneath the existing sources of the law regulating AI and human rights on a European basis;
- Understand the existing normative frameworks and their implications in light of the attempt to establish a system built on the principles of responsible and human-centered AI;
- Understand the complexity of the relationships between the demand to legally regulate AI and to preserve the development of emerging technologies from too tight legal constraints and obligations, taking into account AI's influence on fundamental rights and legal provisions;
- Understand and critically investigate the challenges and developments undertaken in the European AI regulation and domestic governance in light of its impact on fundamental rights with a focus on the constitutional principles of human dignity, self-determination, equality and non-discrimination;
- Analyze the emerging AI governance strategies, critically assessing their origins, applications, and effectiveness for responsible AI management and regulation;
- Explore the core issues facing contemporary societies in the the development and application of AI systems also in light of the analysis of case studies and domestic, supranational and comparative case-law.
Risultati apprendimento attesi
By the end of course, students should be able to:
- Recognize and critically discuss the core elements featuring the regulatory framework on AI;
- Evaluate the likelihood of the risks associated to AI technologies in light of the European regulation;
- Analyze case-studies;
- Engage in in-depth and informed discussion about AI's impact on fundamental rights on a domestic and supranational basis.
Corso singolo

Questo insegnamento non può essere seguito come corso singolo. Puoi trovare gli insegnamenti disponibili consultando il catalogo corsi singoli.

Programma e organizzazione didattica

Edizione unica

Primo semestre

Overview and Structure:
This course aims at analyzing the emergence of AI regulation in the law, examining the core principles, legal provisions and political strategies involved in the processes that is currently shaping the European development and governance of AI systems.

The course will be divided into two main parts:

1. Part one will be entirely dedicated to a detailed examination of the domestic and supranational sources of the law enacted and still under discussion in the European scenario.
Reference is chiefly made to the 2024 European Union's Regulation on AI through the so-called "AI Act", but it won't be limited to the European Union.
Additionally, it will, cover the Council of Europe's latest draft proposal of the first worldwide treaty on AI, Artificial Intelligence, Human Rights, Democracy and the Rule of Law Framework Convention, without leaving behind the initiatives undertaken at the domestic level by the Italian legal system first without excluding the most relevant strategies offered by the comparative dimension.
Part one will likewise build on the most prominent soft law documents that paved the way to the EU's regulation such as UNESCO's UNESCO Recommendation on the Ethics of AI.

2. Part two will, instead, feature a critical investigation of the core principles the examined sources of the law describe as core principles AI systems should comply with focusing especially on the following: Human dignity and individual autonomy; Transparency and oversight; Accountability and responsibility; Equality and non-discrimination; Reliability; Trustworthiness; Safety.

Eventually, the course aims at challenging students to debate over the reliable, safety and human-centered use of AI systems by examining case studies, hinging on issues of human rights.
Metodi didattici
Frontal lessons and in-class students presentations.
Materiale di riferimento
The readings and teaching material will be available for the students on the MyAriel website.
Modalità di verifica dell’apprendimento e criteri di valutazione

1) Attending students:
in-class presentation on a chosen case study;
one written paper;
oral exam.

2) Non-attending students:
written exam.
Lezioni: 48 ore
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Dipartimento di Diritto pubblico italiano e sovranazionale - Sezione di Diritto costituzionale - piano terra - stanza docente
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