Modelli di governance tecnologica e diritti fondamentali in Europa. Per un “rights-based model of governance”

Governance of emerging technologies has to cope with challenges due to the not eliminable uncertainty (scientific, regulatory, moral), which precludes the adoption of prompt regulations and the protection of fundamental rights. Ronald Dworkin distinguished policies with regard to goals, duties, and rights. We can wonder whether a “rights-based model” can be successful in this field and what features it needs to have. Recently, “Responsible Research and Innovation” arose both among scholars and at the Eu level. This model relies on public engagement and the integration of values in policy-making . At the heart of this model there are ethical values that according to some scholars should coincide with Eu goals, including fundamental rights. This latter aspect would turn Rri into a rights-based model. Yet, the possibility of balancing fundamental rights with other competing interests is not problem free. The paper argues that some normative shortcomings created by the general balanceability of Eu goals can be overcome thanks to a better integration of the Eu with the system of human rights.