Recent developments on Artificial Intelligence and Law: a review on legislation, case law and doctrine

Abstract

The most significant European acts and national jurisprudence starting with the European Parliament Resolution P8_TA-PROV (2017) 0051, Civil law rules on robotics, of 16 February 2017 with recommendations to the Commission concerning civil law rules on robotics (2015/2013 (INL)) are reported. Given the large amount of doctrine produced on AI since 2017, only the contributions commenting on and analysing the proposed regulatory texts on AI, contained in the European Parliament Resolution of 20 October 2020 (P9_TA(2020)0276) containing in Annex B) a proposal for a Regulation of the European Parliament and of the Council on responsibility for the operation of artificial intelligence systems, are included in this review, in the proposal for a Regulation of the European Parliament and of the Council establishing harmonised rules on AI (AI Act) published by the Commission on 21 April 2021 (COM(2021) 206), and in the proposal for a Directive of the European Parliament and of the Council on the adaptation of the rules on non-contractual liability of artificial intelligence (AI Liability Directive) published by the European Commission on 28 September 2022 (COM(2022) 496). The review is divided into five sections respectively devoted to: (i) The European Union and Artificial Intelligence; (ii) The Council of Europe: Ethical Charter and Recommendation; (iii) Italy and the National Strategic Programme for Artificial Intelligence; (iv) National case law on Artificial Intelligence and law; (v) The doctrine on Artificial Intelligence and law limited to the proposed regulatory texts on AI since the European Parliament Resolution of 20 October 2020.