Notes around the (future) Artificial Intelligence Act. Constitutional perspectives and immigration challenges in the digital ecosystem

Abstract

The contribution analyzes the characteristics of the regulation on artificial intelligence, observing, through the categories of constitutionalism, the proposed risk categorization system, the legal uncertainties in defining the obligations imposed on providers, and the catalogue of user rights. A specific focus concerns the use of artificial intelligence systems in the immigration and asylum fields and how future European regulation considers these. Finally, the case study deals with emotion detection at borders and the related legal issues in light of the AI Act and the so-called neurorights