The risks emanating from algorithmic rule by law lie at the intersection of two regulatory domains: regulation pertaining to the rule of law’s protection (the EU’s rule of law agenda), and regulation pertaining to the protection of individuals against the risks of algorithmic systems (the EU’s digital agenda). Each of these domains consists of a broad range of legislation, including not only primary and secondary EU law, but also soft law. In what follows, I confine my investigation to those areas of legislation that are most relevant for the identified concerns. After addressing the EU’s competences to take legal action in this field (Section 5.1), I respectively examine safeguards provided by regulation pertaining to the rule of law (Section 5.2), to personal data (Section 5.3) and to algorithmic systems (Section 5.4), before concluding (Section 5.5).

The chapter begins by examining why the EU regulates, beginning with how the EU attempts to justify its regulatory power before exploring the main principles underlying EU regulation. We will then focus on who regulates in the EU, that is, the institutions, such as agencies and committees, that assist the EU in achieving its regulatory goals. The remaining sections will focus on the questions of how the EU regulates, distinguishing between the main legal and non-legal tools by which the EU regulates, and the judicial routes available to enforce or challenge the validity of such regulatory choices. Throughout, the focus will lie on the tension between efficiency and diversity that drives EU regulatory choices.