Sentencing the Brussels Effect

Abstract The EU Artificial Intelligence Act (AIA) establishes a comprehensive framework for regulating AI, yet its application to criminal sentencing presents significant challenges. While the AIA may prohibit certain AI sentencing systems, such as those relying solely on profiling for criminal risk assessment, most will be classified as “high risk” and subject to extensive compliance obligations. An analysis of the AIA’s framework for prohibited and high-risk AI systems reveals considerable legal uncertainty and questions the act’s overall policy coherence in this sensitive domain. By exploring these regulatory challenges, the article’s authors highlight the inherent tension between broad, horizontal legislation and the nuanced requirements of specific sectors. Using AI in sentencing as a case study, the authors argue that while the AIA sets a crucial precedent, other jurisdictions should carefully evaluate its shortcomings before adopting a similar model.