The regulation of AI-based migration technologies under the EU AI Act: (Still) operating in the shadows?

• Ludivine Sarah Stewart ^[1]
  1. [1] European University Institute

     European University Institute

     Firenze, Italia

     
• Localización: European Law Journal, ISSN-e 1468-0386, Vol. 30, Nº. 1-2, 2024, págs. 122-135
• Idioma: inglés
• Enlaces
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• Resumen

  • While Artificial Intelligence (AI) is becoming a key element in supporting the migration and bordermanagement policies of the European Union and its Member States, so far, AI-based migration tech-nologies have been tested and implemented with limited public scrutiny. In this context, the EU AIAct holds the promise of a regulation in line with the protection of fundamental rights and the ruleof law. While Member States are bound by existing EU legislation when deploying AI, the Act repre-sents the first attempt to regulate this technology in migration and border management. This paperexamines the evolution of the Act throughout the negotiation process and its potential to holdactors involved in AI-driven migration technology accountable, thereby promoting the rule of law. Itargues that while the regulation offers promising and important elements, a closer examinationbrings to light important concerns about its ability to ensure accountability.