Schriften des IRDT – Volume 4 • Raue / von Ungern-Sternberg / Kumkar / Rüfner (ed.)
As AI technologies rapidly reshape societies, they pose both tremendous opportunities and serious risks—especially to fundamental rights. In response, the European Union has enacted the groundbreaking AI Act: a legal framework designed to foster innovation while safeguarding democratic values, human autonomy, and the rule of law. But has this delicate balance been struck successfully?
This volume, emerging from the 2024 annual conference of the Digital Law Institute Trier, critically examines the EU’s rights-driven approach to AI regulation. From the perspectives of leading scholars and practitioners—including those directly involved in drafting and implementing the Act—it offers deep insights into the legal, ethical, and technical foundations of the AI Act and its global significance. With contributions on prohibited AI practices, the risk-based regulatory model, and key obligations like data governance and human oversight, the book explores how AI can be regulated to protect fundamental rights without stifling innovation. The book concludes with a comparative view on AI regulation from the United States and Asia.
Übersicht der Beiträge:
- Artificial Intelligence and Fundamental Rights | Antje von Ungern-Sternberg | P. 1
- The AI Act – brief introduction | Irina Orssich | P. 7
- From Definition to Regulation: Is the European Union Getting AI Right? | Joanna J. Bryson | P. 11
- Prohibited AI Practices under the EU AI Act | Patricia García Majado | P. 35
- Risk Narrative: Deconstructing the AIA’s Risk-Based Approach as a Regulatory Heuristic | Tobias Mahler | P. 57
- Data Governance under the AI Act | Lea Ossmann-Magiera, Lisa Markschies | P. 75
- Human Oversight under the AI Act and its interplay with Art. 22 GDPR | Tristan Radtke | P. 91
- The Regulatory Approach of the European Union’s Artificial Intelligence Act | David Restrepo Amariles, Aurore Troussel | P. 111
- The US Perspective | Margaret Hu | P. 129
- AI Governance and Asia Aspect | I-Ping Wang | P. 135
Autorenindex:
Joanna Bryson
Professor of Ethics and Technology at the Hertie School, Berlin.
Patricia García Majado
Assistant Professor and Doctor of Constitutional Law at University of Oviedo.
Margaret Hu
Professor of Law, William & Mary Law School in Virginia.
Tobias Mahler
Professor and deputy director of the Norwegian Research Center for Computers and Law at University of Oslo. Co-founder of the Legal Innovation Lab Oslo (LILO).
Lisa Markschies
Associate Researcher, Research Group “Norm Setting and Decision Processes” at Humboldt University Berlin / Weizenbaum Institute.
Irina Orssich
Head of Sector for Artificial Intelligence Policy, European Commission (Directorate General for Communications Networks, Content and Technology).
Lea Ossmann-Magiera
Associate Researcher, Research Group “Norm Setting and Decision Processes” at Humboldt University Berlin / Weizenbaum Institute.
Tristan Radtke
Postdoctoral researcher, TUM Munich.
David Restrepo Amariles
Associate Professor of Artificial Intelligence and Law, HEC Paris.
Antje von Ungern-Sternberg
Professor of German and Foreign Public Law, State Church Law, and International Law at the University of Trier / Executive Director at the Institute for Digital Law Trier.
I-Ping Wang
Professor of Law at National Taipei University (Department of Law).
