Simplified AI Regulation in Europe
The European Union (EU) has taken a significant step towards regulating the use of artificial intelligence (AI) with the initiation of the EU AI Act. This legislative procedure aims to establish generally applicable regulations for the use of AI, ensuring its socially responsible use, particularly in high-risk applications, and promoting the competitiveness of the economy.
The EU AI Act differentiates four groups of applications: prohibited products, low-risk products, applications that pose no risk, and high-risk products. Violations of the AI Act will be punished with fines, and damage claims will be facilitated by a planned AI liability directive.
Friedrich-Joachim Mehmel, former President of the Hamburg Constitutional Court, and Professor Wolfgang Schulz, have been advocating for responsible AI use in various sectors, including business, administration, and justice. Their 2018 publication, "9 Theses on Opportunities and Risks, Democratic Legitimacy, and Legal Control in the Algorithmization of Administration," emphasizes the importance of verifiability of technical systems and adherence to the principles of the rule of law, democratic legitimacy, and fundamental rights.
Hamburg, Germany, has commissioned studies to identify the challenges and opportunities of AI use for businesses and administration, and to provide corresponding recommendations for action. The city, known for its tradition in AI regulation, is seen as an ideal platform for this interdisciplinary process.
Digitization and AI are considered essential for improving administrative services and can help address labor shortages. They are also seen as a key factor in Germany's international competitiveness and are inevitable for the economy in the interest of competitiveness.
The European Commission's 2021 draft regulatory proposal of the AI Act aims to establish legally binding minimum requirements for the use of AI in a risk-based approach. The Act aims to strengthen trust in the use of AI by ensuring its responsible use, particularly in high-risk applications.
Responsible AI use is becoming increasingly important for citizens, with concerns about discrimination due to the misuse of AI. The EU AI Act focuses on factors such as explainability, ethics and law, fairness and sustainability, robustness and security, and process organization to measure responsible AI use.
The EU AI Act is currently under internal consultation and is likely to come into force by the end of the year, taking direct effect two years later. For more information about the 9 theses, visit www.future-of-administrative-judiciary.de.
The EU AI Act is part of the trilogue negotiation process involving the European Parliament and the Council of the European Union. As the regulation progresses, it is expected to set a global standard for responsible AI use.
