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1 results

  • 5 - Legal Safeguards in the EU Legal Order

  • Nathalie A. Smuha, KU Leuven Faculty of Law
  • Book:
    Algorithmic Rule By Law
    Published online:
    14 December 2024
    Print publication:
    12 December 2024, pp 230-296

  • Summary

    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).