PEOPLE FIRST: EUROPEAN APPROACHES TO DIGITAL RIGHTS, AI AND DEMOCRATIC VALUES

Abstract

Digital technologies and Artificial Intelligence are increasingly shaping public governance, judicial systems, and democratic participation, presenting complex challenges for the protection of fundamental rights and the rule of law. This article examines the European approaches to digital governance through the lens of human-centred AI, situating this analysis within the broader framework of digital constitutionalism. The key EU regulatory instruments are analysed, including the GDPR, Digital Service Act, Digital Markets Act, and the AI Act, as well as the Council of Europe’s  Ethical Charter on AI in judicial systems and the 2024 Framework Convention on AI, Human Rights, Democracy and the Rule of Law. The article conceptualises human-centred AI as a multidimensional framework that encompassing user-centred, community-centred, and society-centred dimensions. This gap constitutes the article’s central critical claim. While the European regulation provides robust individual safeguards and rights-based protections, the analysis demonstrates that mechanisms for democratic participation and collective governance remain insufficiently developed. The article concludes that a genuine people-first digital transformation requires not only comprehensive legal regulation but also inclusive governance structures that address power asymmetries, protect vulnerable groups, and sustain democratic accountability in the digital age.