European Journal of Risk Regulation最新文献_第5页

Regulating Gatekeeper Artificial Intelligence and Data: Transparency, Access and Fairness under the Digital Markets Act, the General Data Protection Regulation and Beyond 监管把关人人工智能和数据：数字市场法》、《通用数据保护条例》及其他规定下的透明度、访问权和公平性

IF 2.9

European Journal of Risk Regulation Pub Date : 2023-12-13 DOI: 10.1017/err.2023.81

Philipp Hacker, Johann Cordes, Janina Rochon

{"title":"Regulating Gatekeeper Artificial Intelligence and Data: Transparency, Access and Fairness under the Digital Markets Act, the General Data Protection Regulation and Beyond","authors":"Philipp Hacker, Johann Cordes, Janina Rochon","doi":"10.1017/err.2023.81","DOIUrl":"https://doi.org/10.1017/err.2023.81","url":null,"abstract":"Artificial intelligence (AI) is not only increasingly being used in business and administration contexts, but a race for its regulation is also underway, with the European Union (EU) spearheading the efforts. Contrary to existing literature, this article suggests that the most far-reaching and effective EU rules for AI applications in the digital economy will not be contained in the proposed AI Act, but in the Digital Markets Act (DMA). We analyse the impact of the DMA and related EU acts on AI models and underlying data across four key areas: disclosure requirements; the regulation of AI training data; access rules; and the regime for fair rankings. We demonstrate that fairness, under the DMA, goes beyond traditionally protected categories of non-discrimination law on which scholarship at the intersection of AI and law has focused on. Rather, we draw on competition law and the FRAND criteria known from intellectual property law to interpret and refine the DMA provisions on fair rankings. Moreover, we show how, based on Court of Justice of the European Union jurisprudence, a coherent interpretation of the concept of non-discrimination in both traditional non-discrimination and competition law may be found. The final section sketches out proposals for a comprehensive framework of transparency, access and fairness under the DMA and beyond.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"1 1","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138580400","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

States of Emergency, Simultaneous Overreach and Underreach and the COVID-19 Pan(dem)ic 紧急状态、同时过度和不足以及 COVID-19 Pan(dem) ic

IF 2.9

European Journal of Risk Regulation Pub Date : 2023-12-13 DOI: 10.1017/err.2023.82

Max Steuer

{"title":"States of Emergency, Simultaneous Overreach and Underreach and the COVID-19 Pan(dem)ic","authors":"Max Steuer","doi":"10.1017/err.2023.82","DOIUrl":"https://doi.org/10.1017/err.2023.82","url":null,"abstract":"Previous research has neglected how repeated declarations of states of emergency (SsoE) in response to the same emergency may combine with executive overreach and underreach within a single jurisdiction, undermining the authority of the SsoE as a legal institution and increasing the vulnerability of the constitutional system as a result. This article examines how decision-makers’ commitment to a culture of justification is central to avoiding emergency mismanagement via underreach, overreach or their combination. The simultaneous instances of executive overreach and underreach as emergency management failures are studied via the Slovak case, which was celebrated for its initial response to the COVID-19 pandemic but castigated for its failure to contain the subsequent waves. The analysis of the legal framework of the SsoE and the justifications for SsoE declarations uncovers the lack of justifications for the patterns of simultaneous executive underreach and overreach, underscoring the elusiveness of these categories. The limited justifications for the decisions demonstrated by the “government in panic” point to the undermining of the SsoE as a legal institution. The article concludes with highlighting how leaders’ role conceptions as democratic emergency managers might be necessary to sustain the authority of the SsoE.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"5 1","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138580401","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Introducing a Research Programme for Quantum Humanities: Theoretical Implications 介绍量子人文研究计划:理论意义

IF 2.9

European Journal of Risk Regulation Pub Date : 2023-11-30 DOI: 10.1017/err.2023.71

Astrid Bötticher, Jose Hernandez, Matthias C. Kettemann, Volker Gast, Rodrigo Araiza Bravo

{"title":"Introducing a Research Programme for Quantum Humanities: Theoretical Implications","authors":"Astrid Bötticher, Jose Hernandez, Matthias C. Kettemann, Volker Gast, Rodrigo Araiza Bravo","doi":"10.1017/err.2023.71","DOIUrl":"https://doi.org/10.1017/err.2023.71","url":null,"abstract":"Quantum computing is a form of computing based on the principles of quantum mechanics. Quantum computing promises to revolutionise society through technological solutions to previously unsolvable problems or by enhancing the capacities of current computational technologies. Additionally, quantum computing has the potential to revolutionise the humanities and social sciences. We denote the study of these changes as “quantum humanities”, whose study focuses on the potential of quantum computing. This paper proposes a research programme for quantum humanities, which includes the application of quantum algorithms to humanities research, reflection on the methods and techniques of quantum computing and evaluation of its potential societal implications. Moreover, we argue that, foundationally, quantum mechanics has serious implications for the ways in which data and information are used to produce seemingly objective technologies. Thus, quantum computing is a nexus for the study of knowledge itself. This research programme aims to define the field of quantum humanities and to establish it as a meaningful part of the humanities and social sciences.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"454 ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138507193","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

European Union Regulation of Water Stress Risks 欧盟水压力风险条例

IF 2.9

European Journal of Risk Regulation Pub Date : 2023-11-16 DOI: 10.1017/err.2023.76

Riccardo Stupazzini

引用次数: 0

Much Ado About Nothing? Reflections on the European Commission’s Proposal for an Inter-institutional Ethics Body 无事生非?对欧盟委员会关于建立机构间伦理机构建议的思考

European Journal of Risk Regulation Pub Date : 2023-11-13 DOI: 10.1017/err.2023.78

Danai Petropoulou Ionescu, Andreea Năstase

引用次数: 0

Strategic Foresight and Policy Evaluation: Insights for an Integrated Approach 战略远见和政策评估:综合方法的见解

European Journal of Risk Regulation Pub Date : 2023-11-09 DOI: 10.1017/err.2023.77

Laura De Vito, Gaia Taffoni

引用次数: 0

Encoding the Enforcement of Safety Standards into Smart Robots to Harness Their Computing Sophistication and Collaborative Potential: A Legal Risk Assessment for European Union Policymakers 将安全标准的执行编码到智能机器人中，以利用其计算复杂性和协作潜力:欧盟政策制定者的法律风险评估

European Journal of Risk Regulation Pub Date : 2023-11-06 DOI: 10.1017/err.2023.72

Riccardo Vecellio Segate, Angela Daly

{"title":"Encoding the Enforcement of Safety Standards into Smart Robots to Harness Their Computing Sophistication and Collaborative Potential: A Legal Risk Assessment for European Union Policymakers","authors":"Riccardo Vecellio Segate, Angela Daly","doi":"10.1017/err.2023.72","DOIUrl":"https://doi.org/10.1017/err.2023.72","url":null,"abstract":"Abstract Until robots and humans mostly worked in fast-paced and yet separate environments, occupational health and safety (OHS) rules could address workers’ safety largely independently from robotic conduct. This is no longer the case: collaborative robots (cobots) working alongside humans warrant the design of policies ensuring the safety of both humans and robots at once, within shared spaces and upon delivery of cooperative workflows. Within the European Union (EU), the applicable regulatory framework stands at the intersection between international industry standards and legislation at the EU as well as Member State level. Not only do current standards and laws fail to satisfactorily attend to the physical and mental health challenges prompted by human–robot interaction (HRI), but they exhibit important gaps in relation to smart cobots (“SmaCobs”) more specifically. In fact, SmaCobs combine the black-box unforeseeability afforded by machine learning with more general HRI-associated risks, towards increasingly complex, mobile and interconnected operational interfaces and production chains. Against this backdrop, based on productivity and health motivations, we urge the encoding of the enforcement of OHS policies directly into SmaCobs. First, SmaCobs could harness the sophistication of quantum computing to adapt a tangled normative architecture in a responsive manner to the contingent needs of each situation. Second, entrusting them with OHS enforcement vis-à-vis both themselves and humans may paradoxically prove safer as well as more cost-effective than for humans to do so. This scenario raises profound legal, ethical and somewhat philosophical concerns around SmaCobs’ legal personality, the apportionment of liability and algorithmic explainability. The first systematic proposal to tackle such questions is henceforth formulated. For the EU, we propose that this is achieved through a new binding OHS Regulation aimed at the SmaCobs age.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135636456","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

EU–US Data Privacy Framework: A First Legal Assessment 欧盟-美国数据隐私框架:首次法律评估

European Journal of Risk Regulation Pub Date : 2023-10-26 DOI: 10.1017/err.2023.67

Sergi Batlle, Arnaud van Waeyenberge

引用次数: 0

An Attribute Perspective on Regulatory Regimes in Risk Governance 风险治理监管制度的属性视角

European Journal of Risk Regulation Pub Date : 2023-10-26 DOI: 10.1017/err.2023.68

Morten A. Langøy, Geir Sverre Braut

{"title":"An Attribute Perspective on Regulatory Regimes in Risk Governance","authors":"Morten A. Langøy, Geir Sverre Braut","doi":"10.1017/err.2023.68","DOIUrl":"https://doi.org/10.1017/err.2023.68","url":null,"abstract":"Abstract Increasing interest from stakeholders has brought new focus on risk governance and risk regulation, such as the regulator’s execution of duty and tangible results on safety and environmental protection in oil and gas industry. One recent example, from 2019, is the Office of the Auditor General Norway’s (OAG) investigation of the Petroleum Safety Authority’s (PSA) follow-up on health, safety and the environment in the petroleum industry, where the regulatory regime in Norway resting on functional requirements was questioned. Simplistically speaking, there are two current traditions or main schools in regulatory regimes: use of functional requirements associated with co-regulation and use of normative requirements associated with prescriptive regulation. In this paper, we introduce a generic model from an attribute perspective on contrasting, gauging or evaluating the two different regulatory regimes. Furthermore, this approach may explain the controversy regarding the favouring of functional or prescriptive regulatory regimes by the different players in the industry. Our case is based on regulations relating to offshore oil and gas operations, in particular focusing on the Norwegian sector. We use the OAG’s investigation of the PSA and the public reaction as our material because this material is proposed to provide a thorough and valid description of how the effects of the Norwegian regulatory regime are perceived from the outside. We believe that the generic concept presented here is applicable when performing investigations in other industries involved in hazardous activities.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136381160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Post-crisis Emergency Legislation Consolidation: Regulatory Quality Principles for Good Times Only? 危机后紧急立法整合:监管质量原则只适用于繁荣时期?

European Journal of Risk Regulation Pub Date : 2023-10-23 DOI: 10.1017/err.2023.69

Katarina Staronova, Nina Lacková, Matúš Sloboda

{"title":"Post-crisis Emergency Legislation Consolidation: Regulatory Quality Principles for Good Times Only?","authors":"Katarina Staronova, Nina Lacková, Matúš Sloboda","doi":"10.1017/err.2023.69","DOIUrl":"https://doi.org/10.1017/err.2023.69","url":null,"abstract":"Abstract This article analyses how emergency legislation has affected law-making and regulatory quality principles (RQPs) before, during and after the COVID-19 pandemic (2019–2021) from stakeholders’ perspectives. It takes Slovakia as a case study, as this country was considered a high performer in the adoption of RQPs before the crisis, while empirical findings suggest a subsequent decline in their use. We argue that formal RQPs are not deeply embedded and are vulnerable to crises. In doing so, we conceptually distinguish between standard (fully following the RQPs), emergency (modified to accommodate crisis) and non-standard law-making (violating formal rules and the RQPs). In the transition from a crisis to a post-crisis context, the deployment of both emergency and non-standard law-making has become relatively permanent without proper justification having been provided. This reinforces the notion that RQPs and governance legitimacy became less important for the executive than in the pre-crisis period and emergency and non-standard regulatory law-making became institutionalised as new norms of swift law-making. All of these factors prevent stakeholders from being informed and from engaging in deliberation, which jeopardises the legitimacy of post-crisis law-making governance.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"8 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135367706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0