AI Legislation, Private International Law and the Protection of Human Rights in the European Union

Malacka Michal ()
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Malacka Michal: Ph.D. is a senior researcher at Department of International and European Law, Faculty of Law, Palacký University Olomouc, Czech Republic.

European Studies - The Review of European Law, Economics and Politics, 2024, vol. 11, issue 1, 122-151

Abstract: The emergence of artificial intelligence challenges existing legal frameworks, notably in civil liability, cross-border regulation, and the protection of fundamental rights. The European Union has developed the AI Regulation and AI Liability Directive to address these issues, emphasizing transparency, accountability, and consumer protection while promoting innovation. This regulatory framework categorizes AI systems by risk levels and mandates strict compliance for high-risk applications, ensuring alignment with fundamental EU values. Additionally, the Council of Europe AI Convention complements these efforts by focusing on human rights, democracy, and the rule of law, offering a broader international perspective. Both frameworks present complementary yet distinct approaches to AI governance, with the EU focusing on market harmonization and innovation, and the Convention prioritizing ethical and social dimensions. The interplay between these instruments underscores the EU’s ambition to set a global standard for AI regulation while addressing the complexities of private international law and cross-border liability. The success of this legal framework will depend on its flexibility, coherence, and ability to adapt to rapid technological developments.

Keywords: Artificial Intelligence (AI); EU AI Regulation; AI Liability Directive; Council of Europe’s AI Convention; Civil Liability; Private International Law (PIL); Human Rights; Transparency; Accountability; Innovation; Cross-border Regulation (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:eurstu:v:11:y:2024:i:1:p:122-151:n:1006

DOI: 10.2478/eustu-2024-0006

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