A Grand Entrance Without a Blueprint: A Critical Analysis of the Right to Explanation in Article 86 of the European Union Artificial Intelligence Act

The widespread use of Artificial Intelligence (AI) in decision-making has significantly impacted individuals and societies. In response to the growing need for transparency and accountability in AI systems, the European Council (EC),in May 2024, approved an updated text of the previously proposed 2021 EU Artificial Intelligence Act (AIA). Unlike the previous text, which was never approved, the EU parliament and Council agreed on the new text, and in August 2024, it came into force. This new text, AIA, is the first comprehensive regulation of AI by any regulator. As can be gleaned from Article 1, the focus of the AIA is to enhance the functioning of the internal market, promote the adoption of human-centric and trustworthy artificial intelligence, and protect fundamental rights, democracy, the rule of law and environmental sustainability from high-risk AI while boosting innovation and establishing Europe as a leader in the field.

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