Grounding the case for a European approach to the regulation of automated driving: the technology-selection effect of liability rules

Andrea Bertolini () and Massimo Riccaboni
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Andrea Bertolini: Scuola Superiore Sant’Anna, Dirpolis Institute
Massimo Riccaboni: IMT Lucca, Institute for Advanced Studies

European Journal of Law and Economics, 2021, vol. 51, issue 2, No 3, 243-284

Abstract: Abstract In the current paper, we discuss the need for regulation at EU level of Connected and Automated Driving solutions (henceforth CAD) based on multiple considerations, namely (i) the need for uniformity of criteria across European Member States, and (ii) the impact that regulation—or the absence of it—has on the proliferation of specific technological solutions. The analysis is grounded on legal and economic considerations of possible interactions between vehicles with different levels of automation, and shows how the existing framework delays innovation. A Risk-Management Approach, identifying one sole responsible party ex ante (one-stop-shop), liable under all circumstances—pursuant to a strict, if not absolute liability rule—is to be preferred. We analyse the solution adopted by some Member States in light of those considerations and conclude that none truly corresponds to a RMA approach, and differences will also cause market fragmentation. We conclude that because legal rules determine what kind of technological application is favoured over others—and thence they are not technology-neutral—uniformity across MSs is of essential relevance, and discuss possible policy approaches to be adopted at European level.

Keywords: Driverless cars; Artificial intelligence; Liability; Product liability; European law; Law and technology; Insurance; Risk management; K13; K29 (law and technology; AI regulation); L51; L91 (search for similar items in EconPapers)
Date: 2021
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Citations: View citations in EconPapers (1)

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DOI: 10.1007/s10657-020-09671-5

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