Creeping softly? Soft law in the healthcare sector and compliance with the principle of attribution
We are pleased to announce that the following articles are now available:
– “Creeping softly? Soft law in ambito sanitario e rispetto del principio di attribuzione”
– “La Convenzione quadro sull’intelligenza artificiale e i diritti umani, la democrazia, lo Stato di diritto e l’International Cyberspace and Digital Policy Strategy statunitense”
Both articles, edited by Flavia Zorzi Giustiniani, a member of the DITES Steering Committee, are available in open access.
The first article illustrates how the use of soft law in healthcare, widely used during the pandemic, continues even in ordinary times, raising significant critical issues. In fact, applying soft law to artificial intelligence systems in healthcare that are not classified as high risk is particularly critical. In this area, the European legislator has opted for a form of weak co-regulation, which largely entrusts the sector’s regulation to the will of private operators.
This choice risks compromising the effective protection of rights and encouraging phenomena of “regulatory capture”, affecting compliance with the principle of attribution of competences and the balance between technological innovation and public guarantees.
The second article focuses on the new Council of Europe Framework Convention on
Artificial Intelligence, adopted on 17 May 2024. The Convention aims to ensure that the entire life cycle of AI systems complies with human rights, democracy, and the rule of law, grounded in principles such as transparency, non-discrimination, and the protection of personal data.
