Navigating The Legislative Dilemma: Evaluating The Eu Ai Act's Approach To Regulating Emerging Technologies

Abstract

The rapid advancement of artificial intelligence (AI) presents both opportunities and challenges, particularly in the realm of legislative policy. This paper examines the European Union's AI Act as a case study to explore the inherent tension between the law’s conservative nature and the forward-looking demands of regulating emerging technologies. The AI Act adopts a multi-faceted regulatory approach, incorporating statutory, administrative, and outsourced legislative policy models. This fragmented approach, while offering flexibility, raises concerns regarding legal certainty, consistency, and accountability. The study argues for a more coherent regulatory framework centered on an EU AI Agency, which would provide a stable, adaptable, and expert-driven governance model for AI. By balancing legal predictability with technological adaptability, this administrative legislative policy model offers a viable solution for regulating AI and future emerging technologies.