The fundamental rights impact assessment: lights and shadows in protecting fundamental rights in the field of artificial intelligence

This paper seeks to examine the role of impact assessment mechanisms as instruments for the protection of fundamental rights within the regulatory frameworks governing emerging technologies, with specific reference to artificial intelligence systems. It will first consider the increasing prominence of impact assessments as a governance tool for artificial intelligence, highlighting their dual function: on the one hand, to safeguard the diverse interests implicated in the deployment of intelligent systems, and on the other, to prevent undue limitations on the development and application of such technologies. Subsequently, the paper will analyse, from a comparative perspective, the design and implementation of impact assessment mechanisms in the field of artificial intelligence, with particular emphasis on the European Union framework under the AI Act.