To achieve the EU’s ambitions in the field of AI, the AI Act sets out a number of compliance requirements for placing artificial intelligence systems (AI) on the market, putting them into service, and deploying them within the Union, adresses general-purpose AI models, and also prohibits certain AI practices. Complex mechanisms for furthering compliance and dealing with non-compliance are envisaged to support adherence to the rules. These involve the existing administrative actors and newly created or designated ones at the Union and Member State levels. This chapter studies how the AI Act responds to the necessity to ensure that the prescribed legal requirements in the AI Act are followed and violations are addressed in a complex administrative landscape. It shows that the AI Act, being a horizontal framework, is highly dependent on the existing structures in the fields AI will relate to. Therefore, focusing on the consistency of the rules is a key facet of enforcement governance. Even though an ambition is to have a multi-level governance structure, precisely the need for consistency and dispute resolution risks creating a hierarchy where the Commission will hold the top position in enforcement. This might be a step towards greater integration of administrative law in the EU system.

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Enforcing the AI Act in a Composite EU Administration

  • Santa Slokenberga

摘要

To achieve the EU’s ambitions in the field of AI, the AI Act sets out a number of compliance requirements for placing artificial intelligence systems (AI) on the market, putting them into service, and deploying them within the Union, adresses general-purpose AI models, and also prohibits certain AI practices. Complex mechanisms for furthering compliance and dealing with non-compliance are envisaged to support adherence to the rules. These involve the existing administrative actors and newly created or designated ones at the Union and Member State levels. This chapter studies how the AI Act responds to the necessity to ensure that the prescribed legal requirements in the AI Act are followed and violations are addressed in a complex administrative landscape. It shows that the AI Act, being a horizontal framework, is highly dependent on the existing structures in the fields AI will relate to. Therefore, focusing on the consistency of the rules is a key facet of enforcement governance. Even though an ambition is to have a multi-level governance structure, precisely the need for consistency and dispute resolution risks creating a hierarchy where the Commission will hold the top position in enforcement. This might be a step towards greater integration of administrative law in the EU system.