What EU AI Act Remedies - Article 85 Complaint to Market Surveillance Authority, Article 86 Right to Explanation, and Judicial Review of Authority Decisions requires
The draft EU AI Act provision granting a standalone right to an effective judicial remedy against a supervisory authority, modelled on GDPR Article 78, was not retained in the final Regulation (EU) 2024/1689; in the final Act, Article 80 is instead the procedure for dealing with AI systems classified by the provider as not high-risk in application of Annex III. The remedies actually available under the final Act are: Article 85, which allows any natural or legal person having grounds to consider that there has been an infringement of the Regulation to submit a complaint to the relevant market surveillance authority, handled in line with the procedures established under Regulation (EU) 2019/1020; Article 86, which gives persons affected by a decision taken by a deployer on the basis of output from an Annex III high-risk AI system, with the exception of systems listed under its point 2, the right to obtain clear and meaningful explanations of the role of the AI system in the decision-making procedure where the decision produces legal effects or similarly significantly affects them in a way they consider adverse to their health, safety or fundamental rights; judicial review of market surveillance authority measures under the national law of the Member State concerned, consistent with the Charter of Fundamental Rights Article 47 right to an effective remedy; and review by the Court of Justice of the European Union, which has unlimited jurisdiction under Article 101 to review Commission decisions fixing fines on providers of general-purpose AI models.
Pillar: AI Governance & Law · Authority: European Commission · Version: 1.1.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024R1689
SHA-256 integrity: 30c865e42bc414d1f5106ceac0469b3908bb8622ee3aff06fd8fc8e4b0d1d7a2
Primary Citations — 8 traced to source
- Regulation (EU) 2024/1689 - Article 85: Right to Lodge a Complaint with a Market Surveillance Authority
- Regulation (EU) 2024/1689 - Article 86: Right to Explanation of Individual Decision-Making
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