The EU's AI act: A framework for collaborative governance

Abstract

In February 2024, the Council and the European Parliament (EP) agreed on the Artificial Intelligence Regulation (usually known as AI Act, AIA) .2 This regulation evaluates AI applications to ensure they are used ethically and responsibly, promoting the development of safe and lawful AI across the EU's single market. It establishes a comprehensive legal framework with a risk-based approach, aiming to achieve a balance between protecting the health, safety, and fundamental rights of European citizens and ensuring that the growing AI industry in Europe remains competitive and continues to innovate. The AIA also includes governance mechanisms oriented towards achieving effective implementation throughout the EU. For this purpose, a European Artificial Intelligence Office has already been established. In accordance with the provisions of the forthcoming AIA, it will establish a European Artificial Intelligence Board, an advisory forum, and a scientific panel. Furthermore, it will be set up at the national level the so-called national competent authorities. In this way, a single European governance system for AI is emerging, inspired by collaborative governance, which is essential for achieving fair and effective implementation of AI regulations across the EU. The main objective of this text is to critically examine the governance system established by the AIA. Using the contents of the current version of the AIA (April 2024), this analysis delves into the mechanisms and structures designed to implement AI across the EU. As a conclusion, it offers a critical perspective on the collaborative governance, highlighting its strengths and potential areas for improvement.

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