ABSTRACT
Artificial Intelligence (AI) represents one of the biggest challenges to fundamental rights protection, a concern the European Union (EU) is actively addressing through regulatory initiatives like the AI Act and the AI Liability Directive. Within EU institutions, however, visions on the nature of such a challenge and the appropriate framework it should be dealt with broadly differed. This paper traces the evolution of the AI Act through the legislative process, focusing on the dynamics that led to increasing or lowering fundamental rights protection in the final text. Through process-tracing methods, this paper opens the ‘black box’ of EU law-making to shed light on the institutional differences and political compromises behind the adoption of landmark legislation. This paper shows that the trilogue negotiations emerged as a pivotal juncture for fundamental rights protection. While political compromises were the norm, the European Parliament succeeded in increasing fundamental rights safeguards. However, matters concerning law enforcement, migration, and national security saw a different dynamic, with the Council exerting the most decisive influence. This is attributed to member states’ reluctance to cede authority to the EU, particularly in areas of emblematic national interests, such as migration, asylum, and criminal law enforcement.
Palmiotto, Francesca, The AI Act Roller Coaster: How Fundamental Rights Protection Evolved in the EU Legislative Process (June 4, 2024).
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