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.

Autorentext

Elif Biber is a legal scholar in European Public Law and Digitalisation at the University of Luxembourg. She was also an academic visitor at the Oxford Institute for Ethics in AI (May & June 2025). Since February 2023, she is the Head of Digital Rights at the Digital Constitutionalist.

Inhalt

1. Introduction: Human and Fundamental Rights are at Risk
2. Artificial Intelligence Systems
3. Steering the Pendulum Towards the 'Rule of Technology': Analysing the Artificial Intelligence Act
4. Steering the Pendulum Towards the Rule of Law: A Rights-Based Inter-Legal Approach
5. Conclusion: Inter-Legalising the Pendulum