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

34 Pages Posted: 2 Apr 2025 Last revised: 4 Feb 2025

See all articles by Mauro Zamboni

Mauro Zamboni

Stockholm University - Faculty of Law

Stanley Greenstein

Stockholm University - Department of Law

Date Written: February 03, 2025

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.

Suggested Citation

Zamboni, Mauro and Greenstein, Stanley, Navigating The Legislative Dilemma: Evaluating The Eu Ai Act's Approach To Regulating Emerging Technologies (February 03, 2025). Available at SSRN: https://ssrn.com/abstract=5122171 or http://dx.doi.org/10.2139/ssrn.5122171

Mauro Zamboni (Contact Author)

Stockholm University - Faculty of Law ( email )

S-106 91 Stockholm
Sweden

Stanley Greenstein

Stockholm University - Department of Law ( email )

Stockholm
Sweden

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