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This chapter argues that, as evidenced by EU digital law and EU border management, the EU legislature is complicit in the creation of complex socio-technical systems that undermine core features of the EU’s legal culture. In the case of digital law, while the EU continues to govern by publicly declared and debated legal rules, the legal frameworks – exemplified by the AI Act – are excessively complex and opaque. In the case of border management, the EU increasingly relies not on governance by law but on governance by various kinds of technological instruments. Such striking departures from the EU’s constitutive commitments to the rule of law, democracy and respect for human rights, are more than a cause for concern; they raise profound questions about what it now means to be a European.
Chapter analyses whether the Artficial Intelligence Act sufficiently addresses consumers’ interests and how the regulation blends into the existing system of consumer law. It focuses on prohibited practices and how so-called "generative AI systems" should be regulated.
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