Work

Rethinking the List-Based Approach to High-Risk Systems under the AI Act

Year: 2025
Type: article
Abstract: In this article, I critically analyse the expedited procedure for amending the list of high-risk systems under the AI Act. I conclude that the expedited procedure, along with the list-based approach in general, are suboptimal solutions as they fail to safeguard two key objectives: (i) protection of individuals’ fundamental rights; and (ii) legal certainty for businesses. The option of carrying out a revision of the legal instrument through the ordinary legislative procedure, while always a possibility, may be too slow for its purpose and its success is far from certain. As such, I argue: that a test-based approach would have been a better option to future-proof the AI Act; that its building blocks are already include in the AI Act; and that it would have been advantageous both for individuals and businesses.
Institution: University of Minho
Language: English
Subfield: Law
Open Access status: diamond
OpenAlex ID: W4409142011
FWCI: 12.93
Cites: 7
Cited by: 2
Related to: 10