scholarly journals The Legal Aspects of Artificial Intelligence based on the EU Experience

Law and World ◽  
2021 ◽  
Vol 7 (5) ◽  
pp. 8-13
Keyword(s):  
Artificial Intelligence ◽  
Legal Framework ◽  
Legal Aspects ◽  
Public And Private ◽  
Legal Questions ◽  
Technological Advances ◽  
Clear Vision ◽  
Routine Tasks ◽  
The One ◽  
The Eu

In the digital era, technological advances have brought innovative opportunities. Artificial intelligence is a real instrument to provide automatic routine tasks in different fields (healthcare, education, the justice system, foreign and security policies, etc.). AI is evolving very fast. More precisely, robots as re-programmable multi-purpose devices designed for the handling of materials and tools for the processing of parts or specialized devices utilizing varying programmed movements to complete a variety of tasks.1 Regardless of opportunities, artificial intelligence may pose some risks and challenges for us. Because of the nature of AI ethical and legal questions can be pondered especially in terms of protecting human rights. The power of artificial intelligence means using it more effectively in the process of analyzing big data than a human being. On the one hand, it causes loss of traditional jobs and, on the other hand, it promotes the creation of digital equivalents of workers with automatic routine task capabilities. “Artificial intelligence must serve people, and therefore artificial intelligence must always comply with people’s rights,” said Ursula von der Leyen, President of the European Commission.2 The EU has a clear vision of the development of the legal framework for AI. In the light of the above, the article aims to explore the legal aspects of artificial intelligence based on the European experience. Furthermore, it is essential in the context of Georgia’s European integration. Analyzing legal approaches of the EU will promote an approximation of the Georgian legislation to the EU standards in this field. Also, it will facilitate to define AI’s role in the effective digital transformation of public and private sectors in Georgia.

scholarly journals Cybersecurity in the EU The Example of the Financial Sector: A Legal Perspective

2020 ◽  
Vol 21 (6) ◽  
pp. 1149-1179
Author(s):  
Christian Calliess ◽  
Ansgar Baumgarten
Keyword(s):  
State Level ◽  
Financial Sector ◽  
Legal Framework ◽  
Legal Aspects ◽  
Legal Literature ◽  
Legal Perspective ◽  
Wide Range ◽  
The One ◽  
Economics And Politics ◽  
The Eu

AbstractCybersecurity in the financial sector is a dynamic and evolving policy field with unique challenges and specific characteristics. While it has recently received a lot of attention from disciplines like Economics and Politics, legal literature on this topic, especially with regard to EU law, still lags behind. This is surprising, given that cybersecurity in the EU is characterized by complex governance structures, a variety of legal sources, and a wide range of different rule makers and involved actors, and given that only a clear legal framework with efficient institutions at both EU and Member State level can provide for a safe digital environment. The purpose of this Article, therefore, is twofold: On the one hand, it aims to introduce the legal aspects of cybersecurity in the financial sector while taking stock of existing cybersecurity schemes, including their strengths and weaknesses from a legal perspective. On the other hand, it will set out key elements that cybersecurity regulation in the financial sector must respect in order to be effective and come up with reform proposals to make the EU financial sector more cybersecure.

scholarly journals Regulating artificial intelligence in the EU: A risky game

European View ◽  
2021 ◽  
Vol 20 (2) ◽  
pp. 166-174
Author(s):  
Dimitar Lilkov
Keyword(s):  
Artificial Intelligence ◽  
Legal Framework ◽  
Public And Private ◽  
Global Player ◽  
Potential Risks ◽  
Software And Hardware ◽  
Draft Regulation ◽  
Comprehensive Framework ◽  
Roll Out ◽  
The Eu

The EU continues its quest to draw the contours of innovative legislation for the digital domain. The European Commission’s draft Regulation on artificial intelligence (AI) is a clear departure from previous ‘soft’ attempts to set the rules through ethical principles and industry pledges. The EU aspires to be the first global player to adopt a comprehensive framework that classifies and regulates the roll-out of AI software and hardware within its internal market. The draft rules try to provide legal certainty for public and private bodies across the EU, while making sure that potential risks to its citizens are minimised. This article sketches out some of the most important provisions of the draft Regulation and tries to critically assess its potential shortcomings related to implementation and enforcement. The final version of the AI proposal should avoid the mistakes of previous attempts to draft transnational rules for the online space and establish a sufficiently flexible legal framework.

scholarly journals Artificial Intelligence to Improve the Business Efficiency and Effectiveness for Enterprises in Kazakhstan

2021 ◽  
pp. 34-41
Author(s):  
Mohamed Hamada ◽  
Daniya Temirkhanova ◽  
Diana Serikbay ◽  
Sanzhar Salybekov ◽  
Saltanat Omarbek
Keyword(s):  
Artificial Intelligence ◽  
Legal Framework ◽  
Legal Aspects ◽  
Stage Of Development ◽  
Initial Stage ◽  
Efficiency And Effectiveness ◽  
Business Efficiency ◽  
Big Picture ◽  
Data Extracting ◽  
Goals And Objectives

The main objective of the research is identifying the effectiveness of artificial intelligence in the business sphere of Kazakhstan. The urgency of this problem is due to the fact that the Kazakhstani market for artificial intelligence is at the initial stage of development. The main obstacle to the introduction of artificial intelligence is the unpreparedness of managers of small and medium-sized businesses for the application of artificial intelligence technologies and, of course, the high cost of their implementation. In the study, we proceeded from the key thesis that business in Kazakhstan is striving for digital transformation. We set a goal to determine the attitude and degree of readiness of Kazakhstani business to the implementation and practical application of artificial intelligence, to describe the cases of using artificial intelligence by Kazakhstani business, to identify the main questions that arise in business at this stage, to study the legal aspects of using artificial intelligence in business and to present the big picture compliance / inconsistency of the existing legal framework with the goals and objectives of the development of artificial intelligence, provide recommendations for eliminatinge xisting barriers and stimulating businesses to implement the technology. Within the framework of this study, the concept of artificial intelligence is defined in its broadest sense - as a set of technologies for processing various types of data and information, in particular those capable of interpreting such data, extracting knowledge and using it to achieve certain goals.

scholarly journals Economic and legal aspects of the innovative activity of enterprises in the context of the digital economy

2021 ◽  
Vol 34 (02) ◽  
pp. 964-972
Author(s):  
Olga Vladimirovna Markova ◽  
Ekaterina Yevgenievna Listopad ◽  
Aleksandr Vladimirovich Shelygov ◽  
Alexander Grigorievich Fedorov ◽  
Igor Valentinovich Kiselevich
Keyword(s):  
Artificial Intelligence ◽  
Internal Control ◽  
Information Technologies ◽  
Self Regulation ◽  
Legal Framework ◽  
Legal Aspects ◽  
Digital Economy ◽  
Innovative Activity ◽  
Control Measures ◽  
External Threats

The article deals with the economic and legal aspects of the innovative activity of enterprises in the context of the digital economy. The authors have established that the innovative activity of enterprises includes also the development of artificial intelligence and robotics and that in the current conditions when creating and using artificial intelligence technologies, the issue of ensuring national security in the digital environment becomes extremely important. In this case, the strategic goal of ensuring information security is to protect the vital interests of the individual and society against internal and external threats associated with the application of information technologies for various purposes contrary to civil law. It is proved that innovations will increase the investment attractiveness of the business, maintain a balance of creative freedom and internal control measures, self-regulation in the field of digital technologies, and develop a unified legal framework in the economic space.

The Purpose of the EU Procurement Directives: Ends, Means and the Implications for National Regulatory Space for Commercial and Horizontal Procurement Policies

2012 ◽  
Vol 14 ◽  
pp. 1-47 ◽  
Author(s):  
Sue Arrowsmith
Keyword(s):  
Public Procurement ◽  
National Policy ◽  
Legal Framework ◽  
The Public ◽  
Public Market ◽  
Barriers To Access ◽  
Environmental Objectives ◽  
Clear Vision ◽  
The Eu ◽  
Do So

AbstractThere currently appears to be considerable confusion amongst regulators and stakeholders over the purpose of the EU’s directives on public procurement and lack of a clear vision of what the directives seek to achieve. Against this background this article has two objectives. First, it seeks to provide a framework for understanding the directives’ functions and their relationship with national policy. In this respect it identifies the ends and means that the directives do, or could, adopt and/or which have been ascribed to them, and considers the implications of each for national regulatory space. Secondly, for each of the ends and means it suggests a specific legal interpretation of its actual and potential role in the EU’s legal framework.It is argued that the directives seek to promote the internal market and that they seek to do so solely by three means—prohibiting discrimination, implementing transparency, and removing barriers to access. It rejects, on the other hand, certain broader conceptions of the directives, including that they promote a single market by standardising procedures; that they replicate in the public market the competitive process of the private market; and that they seek value for taxpayers’ money. It is argued that rejection of these broader functions has important implications for the scope of national regulatory space, both as regards the ‘commercial’ aspects of public procurement—notably ensuring value for money and an efficient procurement process—and as regards ‘horizontal’ policies in the sense of policies that promote social and environmental objectives through public procurement.

Caught Between National and Supranational Values: Limitations to Judicial Cooperation in Criminal Matters as Part of the Area of Freedom, Security and Justice within the European Union

2008 ◽  
Vol 10 (1) ◽  
pp. 51-72
Author(s):  
Olivia den Hollander
Keyword(s):  
European Union ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Eu Member States ◽  
The Third ◽  
The One ◽  
Criminal Matters ◽  
The Eu

AbstractCurrently, the European Union is based on both supranational (first pillar) and international (second and third pillar) law. The third pillar signifies police and judicial cooperation in criminal matters and although formally based on international law, it has been under increasing "supranational pressure" by the developments in the "Area of Freedom, Security and Justice". This Area is focused on a set of common values and principles closely tied to those of the single market and its four "freedoms". The main argument of this article is that the legal framework of the third pillar is an impediment to judicial cooperation in criminal matters in general, and to the coordination of conflicts of jurisdiction and the principle of ne bis in idem in particular. The legal framework of the third pillar finds itself in the middle of an identity crisis, since it can neither be identified as a traditional intergovernmental, nor as a supranational institutional framework. Criminal law is a politically sensitive matter, which on the one hand explains why the EU member states are reluctant to submit their powers over the issue to the European level and on the other hand, it implies that if the EU member states really want to cooperate on such an intensive level, they will have to submit some of their powers in order to strengthen EU constitutional law. The article suggests a reform of the third pillar through the method of "communitization", which is exactly what will happen in case the EU Reform Treaty will enter into force. This would offer the ingredients for a true international community in which the ambitious agenda of the Area of Freedom, Security and Justice can realise its aim of a common set of values and principles which supersedes those of each of the member states individually.

Artificial Intelligence (AI) at Schengen Borders: Automated Processing, Algorithmic Profiling and Facial Recognition in the Era of Techno-Solutionism

2021 ◽  
Vol 23 (4) ◽  
pp. 457-484
Author(s):  
Niovi Vavoula
Keyword(s):  
Artificial Intelligence ◽  
Information Systems ◽  
Facial Recognition ◽  
Personal Data ◽  
Legal Framework ◽  
Private Life ◽  
Fundamental Rights ◽  
Legal Analysis ◽  
The Right ◽  
The Eu

Abstract Since the past three decades, an elaborate legal framework on the operation of EU-Schengen information systems has been developed, whereby in the near future a series of personal data concerning almost all third-country nationals (TCN s) with an administrative or criminal law link with the EU/Schengen area will be monitored through at least one information system. This article provides a legal analysis on the embedment of Artificial Intelligence (AI) tools at the EU level in information systems for TCN s and critically examines the fundamental rights concerns that ensue from the use AI to manage and control migration. It discusses automated risk assessment and algorithmic profiling used to examine applications for travel authorisations and Schengen visas, the shift towards the processing of facial images of TCN s and the creation of future-proof information systems that anticipate the use of facial recognition technology. The contribution understands information systems as enabling the datafication of mobility and as security tools in an era whereby a foreigner is risky by default. It is argued that a violation of the right to respect for private life is merely the gateway for a series of other fundamental rights which are impacted, such as non-discrimination and right to effective remedies.

Reform of Local Self-government in Serbia – Internal Legal Framework and EU Integration

2018 ◽  
Vol 16 (1) ◽  
pp. 25-45
Author(s):  
Marko Stankovic ◽  
Bojan Milisavljević
Keyword(s):  
Legal Framework ◽  
The Other ◽  
Eu Integration ◽  
The Republic ◽  
European Standards ◽  
Constitutional System ◽  
The One ◽  
The Eu

The paper analyzes Serbian system of local self-government under the Constitution of 2006 and its possible improvements. There are two major aspects of reform. On the one side, there are weaknesses in internal law and practice that were detected in last three decades and six concrete proposals for their correction. On the other side, considering that Serbia negotiates on integration with the EU, some improvements of the system should be a result of that process, fully in accordance with the European standards of local self-government. Reforming the local self-government in both of these directions should lead to better legal framework in the Republic of Serbia and upgrading the constitutional system.

scholarly journals Application of Artificial Intelligence Technologies in the Creation of Vaccines and other Intellectual Property Objects (Legal Aspects)

2020 ◽  
Vol 15 (7) ◽  
pp. 76-90
Author(s):  
B. A. Shakhnazarov
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Constitutional Rights ◽  
Intellectual Activity ◽  
Legal Personality ◽  
The Public ◽  
International Instruments

The paper is devoted to the issues associated with the use of artificial intelligence (AI) technologies in intellectual property objects, in particular vaccines, in the context of fight against a pandemic. It is emphasized that AI technologies allow us to overcome similar problems at the national and international levels and to prevent their recurrence in the future. The author highlights that the most important requirements for observance of constitutional rights and freedoms of citizens consolidated in regulatory acts and impossibility of their restriction in AI technologies must be supplemented with clear rules regulating the legal framework of artificial intelligence, including intellectual activity, and responsibility of developers and AI users. At the same time, the AI legal personality also needs to be thoroughly elaborated with the focus on providing a reasonable balance of rights, responsibilities and eligibility among developers, AI users, and other addressees entering into legal relationships involving artificial intelligence. A key aspect in the context of the legal regulation of the results of intellectual activity created entirely or partially by artificial intelligence is represented by the balance between the interests of rights holders and the public interests. Possible restrictions of rights of copyright holders as established in international instruments (Para 31 of the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights) should be accepted as a harmonizing basis and adopted in national legal systems. At the same time, rights holders must be provided with appropriate guarantees of respect for their rights (In particular, the non-exclusive nature of the use of intellectual rights in the context of such restrictions, payment of reasonable remuneration, etc.).

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