Abstract

The article is focused on the prohibitions established by Article 5(1) of the AI Act. The basic thesis of the article is that the regulations that establish the prohibitions have been constructed in such a way that they do not actually function. The regulations cannot be applied because of the large number of assessment parameters. Moreover, even if it were possible to assess the parameters in such a way that a given prohibition could be effective, it would be sufficient to prevent the adaptability of a machine based system after deployment, it is then not an AI-system within the meaning of Article 3(1) of the AI Act, so the prohibition does not apply.