This contribution intends to focus on a specific aspect of the ‘Artificial Intelligence Act’ pro-posed by the European Commission in 2021, namely the relationship between this instrument and the issue of co-regulation. First of all, a general overview of the related legislative process will be necessary, starting with the Proposal submitted by the Commission, passing through the positions adopted by the Council and the European Parliament and arriving at the political agreement reached by the two co-legislators. Entering then into the heart of the discussion, it will be possible to highlight how the ‘Artificial Intelligence Act’ represents both a ‘point of arri-val’ and a ‘point of departure’ of co-regulation in the field of AI. Point of arrival, because such an instrument is the result of a long and articulated process of stakeholder consultation, which took place within the EU institutions starting in 2018 and intensified after the Commission's 2020 White Paper. A starting point, since, in order to better regulate the delicate subject of AI, it seeks to foster dialogue between national public authorities and stakeholders through addi-tional, even atypical, modes of co-regulation: among these, regulatory sandboxes stand out in particular. In conclusion, it will therefore be possible to carry out some reflections on how the ‘Artificial Intelligence Act’ not only intends to dictate a discipline on AI, but even to promote throughout the Union a specific way of regulating this matter.
La “Legge sull’intelligenza artificiale” dell’UE come punto di arrivo e di partenza dei processi di co-regolazione
Gabriele Rugani
2024-01-01
Abstract
This contribution intends to focus on a specific aspect of the ‘Artificial Intelligence Act’ pro-posed by the European Commission in 2021, namely the relationship between this instrument and the issue of co-regulation. First of all, a general overview of the related legislative process will be necessary, starting with the Proposal submitted by the Commission, passing through the positions adopted by the Council and the European Parliament and arriving at the political agreement reached by the two co-legislators. Entering then into the heart of the discussion, it will be possible to highlight how the ‘Artificial Intelligence Act’ represents both a ‘point of arri-val’ and a ‘point of departure’ of co-regulation in the field of AI. Point of arrival, because such an instrument is the result of a long and articulated process of stakeholder consultation, which took place within the EU institutions starting in 2018 and intensified after the Commission's 2020 White Paper. A starting point, since, in order to better regulate the delicate subject of AI, it seeks to foster dialogue between national public authorities and stakeholders through addi-tional, even atypical, modes of co-regulation: among these, regulatory sandboxes stand out in particular. In conclusion, it will therefore be possible to carry out some reflections on how the ‘Artificial Intelligence Act’ not only intends to dictate a discipline on AI, but even to promote throughout the Union a specific way of regulating this matter.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


