02 September 2026
Die neue DNA des Polizeirechts
Mit der automatisierten Datenanalyse öffnet sich das Sicherheitsrecht für KI. Die Analysetools sind bereits jetzt regelmäßig als Hochrisiko-KI nach der neuen KI-Verordnung der EU einzustufen. Auch Bund und Länder schaffen neue Regulierungen für deren Einsatz. Damit verändert sich vor allem die Architektur des Sicherheitsrechts. Wo die verfassungsrechtlichen Grenzen dieser Entwicklung liegen, ist vielfach noch offen. Continue reading >>
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01 September 2026
A Frozen Clock and a Frozen Problem
Brussels, do we have a problem with the AI Act? My answer, in essence, was yes. Actually, more than one: overregulation and excessive demand on high-risk AI systems. In June 2026, when the European Parliament adopted the Digital Omnibus on AI, it seemed Brussels had answered my question in its own way. The language surrounding it – “simplification”, “burden reduction”, “protecting Europe’s competitiveness” – suggested that Mario Draghi’s words in its 2021 Report were somehow heeded. Sadly, the new changes are more cosmetic than real. In reality, Brussels only bought (itself) more time. Continue reading >>
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28 April 2026
Invisible by Design
The EU AI Act will fail to adequately protect trans asylum seekers because it regulates system outputs while the harm lies in the binary assumptions that make their exclusion appear technically compliant. When the Act’s high-risk regime becomes fully applicable on August 2nd, 2026, AI systems for automated decision-making in migration and asylum processes will need to meet stricter compliance requirements. This is an advance in regulatory and constitutional accountability under the EU Charter. It nonetheless leaves untouched the administrative architecture the Act takes for granted. Continue reading >>
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29 January 2026
European AI FOMO
The last 12 months have seen an extraordinary shift in the European Commission’s approach to digital regulation. In the policy shift, one of the major forces shaping the European Commission’s agenda may be described as AI FOMO (“fear of missing out”). The primary focus of this post is the proposed legislative reforms and their manifestation in deregulatory strategies. This post charts how such an agenda is driving Commission policy and highlights how AI FOMO is driving deregulation in EU digital law. Continue reading >>
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21 December 2025
Patchwork Policing
In November 2025, the federal states of Baden-Württemberg and North Rhine-Westphalia amended their state police laws to enable or expand the use of the US intelligence software Palantir – and thus triggered debate on AI use. Meanwhile, France and Luxembourg prioritise authorising AI-supported video analysis in public spaces. While the regulatory details may differ, the underlying dynamic is the same: legislatures are progressively expanding AI-assisted police powers without a coherent regulatory concept, exposing fundamental rights to uneven and unnecessary risks. Continue reading >>
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30 October 2025
Italy’s Constitutional Gamble
On October 10, 2025, Italy enacted Law No. 132/2025 on artificial intelligence, becoming the first EU Member State to adopt comprehensive national legislation complementing the AI Act. This move raises a serious constitutional questions: can Member States successfully navigate the tension between European harmonization and national constitutional identity in AI governance? Or does Italy’s pioneering approach risk triggering precisely the kind of regulatory fragmentation that the AI Act was designed to prevent? Continue reading >>
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18 September 2025
A Warm Body in the Loop
Brussels has recently signalled a shift in its approach to technology regulation, with a focus on simplification through various Omnibus packages. In the digital context and beyond the stated goal of cutting “red tape,” these packages offer an opportunity to reconsider the foundations of human involvement in regulation across EU legal instruments in the age of AI. This post examines human-AI interaction in EU technology regulation and examines whether such involvement is meaningful or merely symbolic. Continue reading >>
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17 July 2025
Copyright, AI, and the Future of Internet Search before the CJEU
With Like Company v Google, the first groundbreaking AI copyright case is now headed to the Court of Justice of the European Union (CJEU). In this case, a Hungarian press publisher challenges Google and its Gemini chatbot for reproducing and communicating its editorial content without authorisation. The Court’s decision will establish the legal framework for AI’s relationship with copyright and press publishers’ rights across the EU. It will potentially reshape how generative AI systems can or cannot lawfully access, process and reproduce journalistic and other protected content. This may even fundamentally affect the economic and technical architecture of future AI development. Continue reading >>
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16 July 2025
The GPAI Code of Practice
On 10 July 2025, the European Commission published the final version of its Code of Practice for General-Purpose AI (GPAI) – a voluntary rulebook developed by a group of independent experts and more than 1,400 stakeholders from industry, academia, civil society, and rightsholders. The Code is meant to prepare providers for what’s ahead: it offers a straightforward way to start complying with future obligations under the AI Act. Its success will ultimately depend on whether it manages to reduce compliance burdens and provide legal certainty. Even if not universally adopted, it could still serve as a regulatory benchmark under the AI Act. Continue reading >>
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06 May 2025
Anatomy of a Fall
On 11 February 2025, the Commission published its 2025 work programme and revealed the likely withdrawal of the Proposal for an Artificial Intelligence Liability Directive (‘AILD proposal’), citing “no foreseeable agreement” among Member States. This blog post highlights the proposed AILD’s main merits and shortcomings and it explores the implications of its likely withdrawal for EU tech regulation by clarifying the interplay between AI liability rules, the AI Act, and the PLD. Continue reading >>
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