The EU AI Act: a medley of product safety and fundamental rights?

27 Pages Posted: 30 Dec 2022 Last revised: 27 Oct 2023

See all articles by Marco Almada

Marco Almada

European University Institute, Department of Law (LAW)

Nicolas Petit

European University Institute - Department of Law (LAW)

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Date Written: October 18, 2023

Abstract

The European Union (“EU”) draft for an Artificial Intelligence Act (the AI Act) is a legal medley. Under the banner of risk-based regulation, the AI Act combines two repertoires of European Union (EU) law, namely product safety and fundamental rights protection. However, the proposed medley can fail if it does not account for the structural differences between the two legal repertoires. This paper maps how three classical issues of law and technology—the pacing problem, a mismatch between means and ends, and institutional path dependence—manifest themselves in the AI Act. After this diagnosis, it proposes some adjustments to the text and spirit of the AI Act.

Keywords: risk regulation, product safety, fundamental rights, harmonized standards, legitimacy

Suggested Citation

Almada, Marco and Petit, Nicolas, The EU AI Act: a medley of product safety and fundamental rights? (October 18, 2023). Robert Schuman Centre for Advanced Studies Research Paper No. 2023/59, Available at SSRN: https://ssrn.com/abstract=4308072 or http://dx.doi.org/10.2139/ssrn.4308072

Marco Almada (Contact Author)

European University Institute, Department of Law (LAW) ( email )

Nicolas Petit

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
Italy

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