Legal Systems of the European Union (EU) Countries What about the challenges of Artificial Intelligence? (from Theory to Practice)

We do not intend to deal exhaustively with this subject, because it is broad and complex for the space of a text. Our intentions, which are much more modest, refer to documentary research for the understanding and development of the study on the impact of Artificial Intelligence on the Legal System of EU countries. It contemplates the theoretical and conceptual discussion of information, object of study of Information Science, in its different approaches, especially cognitive, economic, management and political.

Artificial Intelligence poses challenges to several sciences, including legal sciences, through the analysis of various hypothetical scenarios. It seeks to identify the main gaps and uncertainties, within the existing legal framework, with regard to fundamental human values, such as freedom, autonomy, privacy, dignity, diversity, equality and social and economic well-being. Constitutional and civil rights, it seems, may not provide sufficient protection by AI.

The European Union (EU) has its own legal order and rights – the fundamental rules and principles are laid down in the founding treaties. The EU can adopt legal and legislative acts, which Member States must respect and implement. The two main sources of EU law are primary law and secondary legislation. Primary law is made up of treaties that establish the legal framework of the European Union. Secondary legislation is made up of legal instruments based on these treaties, such as regulations, directives, decisions and agreements.

In addition to these, there are also the general principles of EU law, that of the Court of Justice of the European Union, which is distinguished by the fact that it can be applied directly by the courts of the Member States ('direct effect') and that the laws of the Member States can be considered inapplicable in the event of a conflict of laws ('primacy' of EU law).

It is a radical change in the Structure and Functioning of Legal Systems, of organizations (public and private), from which technology starts to play a central role, and not just a superficial presence. This change becomes complex and turbulent, and in itself, poses challenges, which need to be understood its impact.