This article examines the impact of digital technologies and artificial intelligence on the transformation of the European Welfare State, focusing on the constitutional implications of this transition. The study identifies three main forms of “digital interference” in social protection systems: (i) administrative digitalization and dematerialization of welfare procedures; (ii) algorithmic decision-making in the allocation and monitoring of social benefits; and (iii) innovation in service delivery models, including telemedicine and AI-assisted healthcare. Through a comparative and multi-level approach, the paper analyzes normative frameworks, jurisprudential developments, and EU strategies such as the Digital Agenda, the AI Act, and the European Declaration on Digital Rights and Principles. Particular attention is given to risks of opacity, discrimination, and the erosion of fundamental guarantees, as highlighted by recent case law and regulatory gaps. The article argues for a constitutional recalibration of welfare governance to ensure transparency, non-discrimination, and human-centered principles in the digital age, proposing a roadmap toward a European digital constitutionalism capable of reconciling technological innovation with social justice.
Welfare state e transizione digitale in Europa: "interferenze" e prospettive.
Elena A. Ferioli
2025-01-01
Abstract
This article examines the impact of digital technologies and artificial intelligence on the transformation of the European Welfare State, focusing on the constitutional implications of this transition. The study identifies three main forms of “digital interference” in social protection systems: (i) administrative digitalization and dematerialization of welfare procedures; (ii) algorithmic decision-making in the allocation and monitoring of social benefits; and (iii) innovation in service delivery models, including telemedicine and AI-assisted healthcare. Through a comparative and multi-level approach, the paper analyzes normative frameworks, jurisprudential developments, and EU strategies such as the Digital Agenda, the AI Act, and the European Declaration on Digital Rights and Principles. Particular attention is given to risks of opacity, discrimination, and the erosion of fundamental guarantees, as highlighted by recent case law and regulatory gaps. The article argues for a constitutional recalibration of welfare governance to ensure transparency, non-discrimination, and human-centered principles in the digital age, proposing a roadmap toward a European digital constitutionalism capable of reconciling technological innovation with social justice.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


