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Enforcement Design Patterns in EU Law: An Analysis of the AI Act

Söderlund, Kasia LU and Larsson, Stefan LU (2024) In Digital Society 3.
Abstract
In recent decades, the enforcement of European Union (EU) law has transitioned from being primarily the responsibility of Member States to becoming an increasingly shared or centralised task at the EU level. Drawing on the concept of legal design patterns, this article presents these two broadly understood enforcement approaches as decentralised and centralised enforcement patterns, and examines the AI Act through this conceptual lens. The objective of this exploration is to highlight that the choice of enforcement mechanisms for EU laws comes with different sets of challenges, in general, and to contribute to the understanding of the AI Act’s enforcement structure, in particular. In this paper, we ground our analysis on the theoretical... (More)
In recent decades, the enforcement of European Union (EU) law has transitioned from being primarily the responsibility of Member States to becoming an increasingly shared or centralised task at the EU level. Drawing on the concept of legal design patterns, this article presents these two broadly understood enforcement approaches as decentralised and centralised enforcement patterns, and examines the AI Act through this conceptual lens. The objective of this exploration is to highlight that the choice of enforcement mechanisms for EU laws comes with different sets of challenges, in general, and to contribute to the understanding of the AI Act’s enforcement structure, in particular. In this paper, we ground our analysis on the theoretical framework of legal design patterns in order to reduce the regulatory complexity into comparable problem-solving elements. Under this framework, we (1) examine the enforcement framework of the AI Act, and we (2) draw comparative lessons from the General Data Protection Regulation (GDPR), an EU legislation which is based on the largely decentralised enforcement model. On this basis, we (3) discuss some of the potential implications of the decentralised enforcement of the AI Act, and consider the possible reasons behind this choice of enforcement model. (Less)
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type
Contribution to journal
publication status
published
subject
keywords
legal design patterns, AI Act, regulation
in
Digital Society
volume
3
publisher
Springer Nature
ISSN
2731-4669
DOI
10.1007/s44206-024-00129-8
language
English
LU publication?
yes
id
9301aa16-b072-4932-901d-2e0996b06773
date added to LUP
2024-07-26 10:00:56
date last changed
2024-08-06 15:52:39
@article{9301aa16-b072-4932-901d-2e0996b06773,
  abstract     = {{In recent decades, the enforcement of European Union (EU) law has transitioned from being primarily the responsibility of Member States to becoming an increasingly shared or centralised task at the EU level. Drawing on the concept of legal design patterns, this article presents these two broadly understood enforcement approaches as decentralised and centralised enforcement patterns, and examines the AI Act through this conceptual lens. The objective of this exploration is to highlight that the choice of enforcement mechanisms for EU laws comes with different sets of challenges, in general, and to contribute to the understanding of the AI Act’s enforcement structure, in particular. In this paper, we ground our analysis on the theoretical framework of legal design patterns in order to reduce the regulatory complexity into comparable problem-solving elements. Under this framework, we (1) examine the enforcement framework of the AI Act, and we (2) draw comparative lessons from the General Data Protection Regulation (GDPR), an EU legislation which is based on the largely decentralised enforcement model. On this basis, we (3) discuss some of the potential implications of the decentralised enforcement of the AI Act, and consider the possible reasons behind this choice of enforcement model.}},
  author       = {{Söderlund, Kasia and Larsson, Stefan}},
  issn         = {{2731-4669}},
  keywords     = {{legal design patterns; AI Act; regulation}},
  language     = {{eng}},
  month        = {{07}},
  publisher    = {{Springer Nature}},
  series       = {{Digital Society}},
  title        = {{Enforcement Design Patterns in EU Law: An Analysis of the AI Act}},
  url          = {{http://dx.doi.org/10.1007/s44206-024-00129-8}},
  doi          = {{10.1007/s44206-024-00129-8}},
  volume       = {{3}},
  year         = {{2024}},
}