The rapid evolution of Artificial Intelligence (AI) is no longer just a technological or economic phenomenon, but a profound challenge to the foundations of the rule of law. In Greece, a debate recently opened, sparked by legal forums and articles such as those in the "Paratiritis tis Thrakis," posing a critical question: Does Artificial Intelligence require specific constitutional regulation?

The Inadequacy of Traditional Safeguards

The current Greek Constitution, although revised in 2001 to include Article 9A on personal data protection and Article 5A on the right to information, was designed at a time when algorithmic governance seemed like science fiction. Today, AI is used for decision-making in public administration, citizen assessment, and even assisting judicial judgment.

The problem lies in the "black box" of algorithms. When a decision affecting a citizen's rights is made by a machine learning model, the principle of justifying administrative acts is called into question. How can a citizen appeal a decision if even the creator of the algorithm cannot explain the internal logic of that specific decision? The constitutional mandate for transparency and accountability risks becoming a dead letter.

The "Right to a Human" as a New Constitutional Value

One of the most radical proposals discussed in legal circles is the establishment of the "right to human intervention" or, more simply, the "right to a human." This means that for every critical decision affecting an individual's freedom, property, or personality, there must be a human at the end of the process (human-in-the-loop) who bears ultimate responsibility.

  • Protection from algorithmic bias: Algorithms often reproduce social prejudices.
  • Ensuring human dignity: Turning an individual into mere mathematical data violates the core of Article 2, paragraph 1 of the Constitution.
  • Strengthening judicial independence: AI should not replace the judge but assist them, maintaining critical thinking as an exclusive human prerogative.
"Artificial Intelligence cannot be above the Constitution; it must be the tool that serves its values, not their regulator."

Digital Sovereignty and Democracy

The discussion also extends to the functioning of Democracy itself. The use of AI for spreading fake news (deepfakes) and micro-targeting voters undermines free will, which is the basis of the political system. If the Constitution does not protect the process of forming political opinion from algorithmic manipulation, then popular sovereignty risks turning into "algorithmic sovereignty."

Furthermore, there is the issue of power concentration. Big Tech companies now possess data and computing power that rival the power of states. A constitutional regulation could set limits on the cooperation between the state and private giants, ensuring that public authority is not ceded to opaque algorithms of private interests.

Conclusions and Perspectives

Greece, as an EU member, is bound by the European Artificial Intelligence Act (AI Act). However, EU regulations are primarily technical and commercial in nature. The Constitution is what must provide the ethical and value-based framework. Including explicit provisions for AI in the next constitutional revision would not just be a legal luxury, but a necessary shield against a future where the distinction between physical and digital reality will be increasingly blurred.

Thrace and the regions, as highlighted by the local press, are not excluded from this reflection. Equal access to new technologies and the protection of citizens from the vagaries of AI systems concern every corner of the country, making the dialogue for a "Digital Constitution" more relevant than ever.