The Right to Explanation:

This article examines the legal foundations, scope, and practical challenges of the emerging "Right to Explanation" (RTE) in the European Union’s regulatory framework on Artificial Intelligence (AI). It analyses the cognitive barriers inherent to Automated Decision-Making (ADM) systems — such as opacity, correlation-based logic, and bias — and assesses how the RTE can enhance transparency and fairness. The paper then offers a critical reading of Article 86 of the AI Act, highlighting both its innovative potential and its structural weaknesses, particularly concerning enforceability and accountability. It argues for a tailored, context-sensitive implementation of the RTE to ensure that it can meaningfully safeguard fundamental rights in the digital age.

Authors

Publication Details

Journal
Journal of AI Law and Regulation
Published
2025-01-01
DOI
https://doi.org/10.21552/aire/2025/2/5
Primary Topic
Criminal Law and Evidence
Type
article
Field-Weighted Citation Impact
0.00
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article

The Right to Explanation:

J. Dirutigliano, D. Baldini
Journal of AI Law and Regulation
Criminal Law and Evidence
article

The Right to Explanation:

J. Dirutigliano, D. Baldini
article en

Abstract

This article examines the legal foundations, scope, and practical challenges of the emerging "Right to Explanation" (RTE) in the European Union’s regulatory framework on Artificial Intelligence (AI). It analyses the cognitive barriers inherent to Automated Decision-Making (ADM) systems — such as opacity, correlation-based logic, and bias — and assesses how the RTE can enhance transparency and fairness. The paper then offers a critical reading of Article 86 of the AI Act, highlighting both its innovative potential and its structural weaknesses, particularly concerning enforceability and accountability. It argues for a tailored, context-sensitive implementation of the RTE to ensure that it can meaningfully safeguard fundamental rights in the digital age.

Journal of AI Law and RegulationVol. 2(2)
Openalex Percentile: Top 75%
Criminal Law and Evidence
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