Indice e Abstract Fascicolo 1/2025

Indice

Indice e Abstract Fascicolo 1/2025

Saggi

Nadia Zorzi Galgano, Il Regolamento dell’Unione Europea del 2024 sull’intelligenza artificiale. Una prospettiva di sistema

Abstract. This paper analyses the European Union Regulation 2024/1689 on artificial intelligence, with particular attention to the fundamental choices and methods adopted by the European legislator in establishing a «harmonised» legal framework, both in terms of substantive provisions and with regard to the regulatory apparatus designed to ensure the functioning of the complex organisational system of protection introduced by the Regulation. The author further provides an in-depth examination of the key legal definitions of «AI system» and risk, with a particular focus on the potential graduations of «high risk» and «unacceptable» high risk.

Michele Graziadei, La regolazione dell’intelligenza artificiale negli Stati Uniti: un confronto con il modello europeo

Abstract. The article provides a comparative analysis of the regulation of artificial intelligence (AI) in the United States and the European Union, with a particular focus on the European AI Act. The author highlights that the US approach is fragmented, relying on a mix of federal and state initiatives, executive action, and the work of independent regulatory agencies. In contrast, the EU has launched unified, risk-based regulatory framework that aims to harmonise AI regulation across member states. The article examines key differences in the definitions of AI, regulatory techniques and institutional structures adopted in both systems. It also discusses the role of technical standards, the pioneering initiatives in the field of individual US states (such as California and Colorado), and the increasing importance of global coordination. The protection of fundamental rights, the balance between innovation and security, and the importance of cross-jurisdictional dialogue to ensure effective and legitimate governance of AI technologies remains so many challenges for the foreseeable future.

Raffaella Messinetti, Regole dell’IA e fondamenti di un impero digitale

Abstract. China defines law in the digital age through a unique model that combines state control, Confucian ethics, and technological development. This study examines four key pillars: (1) the strategy to lead AI by 2030 by merging legal frameworks with technical standards (“law is code”); (2) a “people-centered” approach rooted in relationality and collective welfare; (3) the state’s dual role in regulating Big Tech, balancing support and restraint; and (4) adaptive governance of the infosphere through sector-specific rules (e.g., generative AI) that reconcile innovation with digital sovereignty. The analysis reveals a distinct paradigm that diverges from Western models, where technology and law serve geopolitical objectives, reshaping global power dynamics.

Giusella Finocchiaro, AI e regolamentazione risk-based

Abstract. The European AI Act implements a risk-based regulatory model: this is the method chosen by the European legislator in order to pursue the objective of protecting fundamental rights and values, and also to deal with the unknowns of AI, which we do not yet know exactly what it is or how it will evolve. After outlining the main features of this approach, the paper highlights the issues it raises, finally addressing the question of whether the Regulation secures a more adequate protection of the European rights and values.

Vincenzo Ricciuto, L’ intelligenza artificiale tra antropocentrismo della disciplina e realismo del mercato

Abstract. Starting from the topic of consent to the processing of personal data and the protection of “vulnerable” subjects, the paper analyses the phenomenon of the circulation of AI products; in particular, within changed social and economic context, the author questions the stability of traditional legal categories.

Maria Annunziata Astone, AI, tutela del consumatore e azioni rappresentative

Abstract. The impact of Artificial Intelligence on consumer dynamics is considerable, to the extent that the vast quantities of information supplied may serve to support the decision-making process, including, at times, through personalized recommendations. These enable large corporations to enhance consumer loyalty by providing advice based on prior purchases of goods and services. However, the undeniable advantages associated with this technological frontier do not preclude raising concerns regarding the control and governance of the algorithms that constitute its core—particularly in view of their capacity to operate autonomously and to potentially impair the consumer’s freedom of choice.

Artificial Intelligence reshapes the relationship between the consumer and personal data. This prompts, on the one hand, a reconsideration of the traditional notion of the consumer as a purchaser of goods and services, and, on the other hand, a critical assessment of the modalities through which fundamental consumer rights are implemented in relation to AI systems. In this context arises the imperative to examine both the individual and collective forms of protection afforded to consumers.

Raffaele Di Raimo, Associazioni, formazioni sociali e socialità algoritmica

Abstract. The transfer of the most of human activities to digital platforms has also profoundly impacted the realm of associations, resulting in the emergence of social configurations characterized by structures markedly different from those of the past. Consequently, the modes of expression and development of sociality have undergone significant transformation, leading to a concomitant reconfiguration of community relationships. In this context, both Italian and European Union legislators, through their respective legislative interventions, have largely left the chapter concerning the functional profile of entities—such as intermediate communities and spaces where the personality of individual members is expressed—substantially open. Such entities are to be understood as institutions of democratic pluralism. This chapter now necessitates a comprehensive re-evaluation due to factual developments—specifically, the digitalization of relationships in their various manifestations, which influence collective initiatives—and must be rearticulated in conjunction with EU regulatory frameworks, which, either directly or indirectly, contribute to shaping the modalities of the conduct of these relationships.

Enrico Al Mureden, AI Act e guida automatizzata tra attualità e sperimentazione 

Abstract. The advancement of technologies that allow the implementation of assisted and automated driving – a harbinger of a significant inclusion of safety and the consequent reduction of accidents – brings with it the need to conduct the testing of new technologies not only in protected and controlled environments, but also in real conditions. The contribution, analyzing the rules that govern civil liability also in the light of the AI ACT, reconstructs the possible scenarios that will materialize in the long transition phase that will lead from driving entrusted to the person to assisted and automated driving.

Antonina Astone, Dispositivi medici smart e intelligenza artificiale: profili di responsabilità del produttore dopo la direttiva 2024/2853/UE 

Abstract. The essay analyses the discipline of the liability of the manufacturer of intelligent medical devices, in light of recent European regulatory interventions on the matter, with particular reference to the problems posed by machine learning.