Advancing the Protection of Fundamental Rights through AI Regulation: How the EU and the Council of Europe Are Shaping the Future

Francesco Paolo Levantino; Federica Paolucci

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Chapter 1 Advancing the Protection of Fundamental Rights through AI Regulation: How the EU and the Council of Europe Are Shaping the Future

In: European Yearbook on Human Rights 2024

Authors:

Francesco Paolo Levantino

Francesco Paolo Levantino
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Federica Paolucci

Federica Paolucci
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Type:: Chapter

Pages:: 3–37

DOI:: https://doi.org/10.1163/9789004708389_002

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Abstract

While the governance of Artificial Intelligence (AI) has become a priority worldwide, significant developments have recently occurred in Europe. This paper examines the recent progress made by the European Union (EU) and the Council of Europe (CoE) in adopting regulatory frameworks for AI. In fact, both the EU’s AI Act and the CoE’s Framework Convention on AI aim to address the urgent need for robust safeguards to protect human rights in the face of the proliferation of AI and its uses. Despite a certain degree of convergence in their declared objectives, differences in the institutional design and decision-making processes of the EU and the CoE have influenced their respective approaches to AI regulation. From this perspective, this contribution explores the cooperative and competitive dynamics between these two organisations, highlighting the emerging role of the EU as a leading standard-setter for the protection of fundamental rights through the regulation of AI. In doing so, it first analyses the main dynamics and respective influences that have characterised the approach of the two organisations to the protection of fundamental rights and the development of European data protection law. If many stages of such processes saw the CoE as the leading standard-setter, the protection of personal data seems to have already started altering the equilibrium between these actors, thanks to the key role the EU has assumed particularly with the adoption of the General Data Protection Regulation. After analysing these dynamics and some peculiarities of the EU’s AI Act and the CoE’s Framework Convention on AI, the paper concludes by emphasising the importance of regulatory alignment, consistency and international cooperation – as well the role of states in proactively adapting their legal systems to ensure the effective protection of individual rights in the AI era.

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European Yearbook on Human Rights 2024

Series: European Yearbook on Human Rights, Volume: 1

E-Book ISBN:: 9789004708389

Publisher:: Brill | Nijhoff

Print Publication Date:: 07 Mar 2025

Subjects
- Human Rights and Humanitarian Law
  - Human Rights
- International Law
  - International Law: Regional Perspectives

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Part 1 Human Rights Developments in EUROPE and Beyond

Part 2 Jurisprudence by the Courts

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Chapter 1 Advancing the Protection of Fundamental Rights through AI Regulation: How the EU and the Council of Europe Are Shaping the Future

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European Yearbook on Human Rights 2024

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