THE EUROPEAN UNION ARTIFICIAL INTELLIGENCE ACT AND CONTEMPORARY CHALLENGES IN THE REALIZATION AND PROTECTION OF HUMAN RIGHTS

Abstract

The Artificial Intelligence Act (AI Act) was adopted in May 2024 and entered into force twenty days after its publication in the Official Journal of the European Union, on 12 July 2024. It will become fully applicable as of 2 August 2026. The AI Act constitutes the world’s first comprehensive regulatory framework for artificial intelligence. Its primary objective is to ensure that AI developed and used within the European Union is trustworthy and that appropriate safeguards are in place for the protection of fundamental human rights. This paper aims to examine the provisions of the AI Act through the lens of contemporary challenges in the realization and protection of human rights. The analysis first focuses on the most significant provisions of the Act pertaining to AI systems, with particular attention given to high-risk AI systems, as these pose the greatest threats to the exercise and safeguarding of human rights. Subsequently, the paper addresses the anti-discrimination provisions within the AI Act, specifically analyzing their impact on the national legislative frameworks of EU Member States. Given that the regulation is a binding instrument of secondary EU law with direct applicability, it becomes enforceable upon publication in the Official Journal, without the need for additional transposition measures at the national level. Furthermore, candidate countries for EU membership are also obliged to align their national regulatory frameworks with the EU acquis during the accession process. Accordingly, it is expected that the AI Act will significantly influence the regulation of AI implementation in candidate countries, including the Republic of Serbia.