Public Law & Digitalisation
AI Law & Fundamental Rights
Research
A Rights-Based Inter-Legal Approach to Artificial Intelligence
​
Description
​
How can European public law effectively address the profound rights challenges posed by AI systems?
This groundbreaking book delves into this pressing question by critically analysing the limitations of current regulatory frameworks, including the Artificial Intelligence Act, the General Data Protection Regulation, and European human rights law. Drawing on leading judgments from the European Court of Human Rights and the Court of Justice of the European Union, the book explores real-world case studies of AI systems employed by public authorities, highlighting their impact on fundamental rights.
Arguing that the EU's risk-based regulation approach falls short in protecting fundamental and human rights, the author introduces a compelling alternative: a rights-based inter-legal approach grounded in the theory of inter-legality. This innovative framework emphasises the "publicness" and "inter-systemic" nature of AI, advocating for a lifecycle perspective-from design to deployment and beyond.
Rich with legal insights and practical methodology, this book presents a three-step adjudication model to integrate the inter-legal approach into European legal practice, paving the way for a more robust protection of fundamental principles, rules, and rights in the AI era. Essential reading for scholars, policymakers, and practitioners, this work redefines how Europe can lead the charge in responsible AI regulation.
Dr. Elif Biber recently published a chapter, "Between Humans and Machines: Judicial Interpretation of the Automated Decision- Making Practices in the EU" (Oxford University Press 2024), achieved the exceptional distinction of being ranked first worldwide in both papers and downloads on SSRN on February 9, 2024. This research has attracted significant attention and has become a cornerstone in shaping the developing European Human-Centric Approach to AI systems. Remarkably, it is among the first publications in the European Union to explore judicial interpretations of AI systems, marking a pivotal moment in this emerging field.
​
Her contribution is available open access at here.