Retroactive implementation: the framework convention on AI and human rights, the AI act, and the existing EU “digital acquis”

The implementation in the EU of the CoE Framework Convention on AI, human rights, democracy and the rule of law, will happen through the pre-existing AI Act, complemented by other relevant Union acquis. This contribution argues that the AI Act is not the right instrument to implement the Framework Convention. Besides the fact that the AI Act predates the Framework Convention, the AI Act is a product safety regulation: because product safety should be limited to hazards that can be addressed through technical and procedural measures, it is not a good fit for human rights protection. Additionally, the strong emphasis on meta-regulation and the role of technical standards, the absence of rights for individuals, and the scarce, public law remedies offered by the AI Act, do not make it a good candidate to implement a human rights convention.