Advantages and Constraints from the Perspective of Adopting the AI Act for the Public Administration in Romania

Abstract

The AI Act is a proposal with an exclusively innovative character in the legislative field, being the first law developed by a major regulatory body in the field of artificial intelligence (AI). The law operationalizes AI applications in three risk categories. First, it considers applications and systems that create an unacceptable risk. Second, high-risk applications are subject to specific legal requirements. Lastly, applications not explicitly banned or listed as high-risk are largely left unregulated. If the path of this act was, without a doubt, a particularly difficult one, the practical application will certainly raise several practical problems, depending on the states that will implement it. We propose, in this work, an analysis of the European normative act, from the perspective, on the one hand of the intentions pursued by the European legislator and, on the other hand, of how Romania will implement the AI legislation. We refer to possible situations in which the Romanian public administration will find itself through the prism of the advantages it can obtain, on the one hand, but also, on the other by the prism of the constraints imposed by the regulations in force. We conclude with some proposals to the legislator in the perspective of obtaining concrete advantages following the implementation of this act.