ARTIFICIAL INTELLIGENCE AND THE NEW LEGAL ORDER: CHALLENGES AND OPPORTUNITIES FOR FUNDAMENTAL RIGHTS

Artificial intelligence has become part of our lives and has gained a significant role. In this context, the law has a dual task: on the one hand, it must promote technological development, but on the other hand, it must protect against its potential dangers. This is a task for the state, but also for the supra- and international legal system. In relation to the state, there is a constitutional duty to promote technological progress.

This follows from the fundamental constitutional idea of protecting and promoting the people in the national community, also from the principle of the social state and also from the duty of protection inherent in fundamental rights. The state's obligation to protect against the dangers of technology can be derived directly from fundamental rights.

The guarantee of human dignity as the supreme value of the legal system plays a special role here, precluding the domination of technology over humans. But numerous other fundamental rights (at the national and EU level and based on corresponding guarantees in the European Convention on Human Rights and other documents) are also guarantees against potential threats from artificial intelligence.

The fundamental values of the liberal democratic constitution: human dignity, the principle of freedom and equality remain unchanged as the basis for the legally regulated coexistence of people in the state community. However, the constitutional norms must duly integrate the new reality that artificial intelligence creates through its power of influence into their protective function.