Inference as the defining criterion of AI: rethinking the EU AI Ac

This article examines how inference operates as a legal and operational threshold in the EU Artificial Intelligence Act. It argues that a system's capacity to infer how to generate outputs, rather than simply executing predefined instructions, is the key criterion distinguishing AI from traditional automation. Tracing the evolution of the Act's definition of an ‘AI system’, the article shows how inference emerged as its core distinguishing concept, shaping both scope and regulatory purpose. Drawing on computational theory and safety-critical regulation, it proposes a problem-oriented framework for evaluating AI systems in legal contexts. Instead of relying on abstract or exhaustive definitions, this approach classifies AI systems by the problems they solve, the inference methods they employ, and the risks they pose. The framework accommodates hybrid systems, including neuro-symbolic and quantum-enhanced models, offering a more precise, technology-neutral basis for legal interpretation, compliance and enforcement under the AI Act.

Authors

Institutions

Publication Details

Journal
Law Innovation and Technology
Published
2026-07-22
DOI
https://doi.org/10.1080/17579961.2026.2705130
Primary Topic
Ethics and Social Impacts of AI
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Inference as the defining criterion of AI: rethinking the EU AI Ac

Maria L. Mena-Durán, Antonio Falcó Montesinos
Law Innovation and Technology
Ethics and Social Impacts of AI
article

Inference as the defining criterion of AI: rethinking the EU AI Ac

Maria L. Mena-Durán, Antonio Falcó Montesinos
article en

Abstract

This article examines how inference operates as a legal and operational threshold in the EU Artificial Intelligence Act. It argues that a system's capacity to infer how to generate outputs, rather than simply executing predefined instructions, is the key criterion distinguishing AI from traditional automation. Tracing the evolution of the Act's definition of an ‘AI system’, the article shows how inference emerged as its core distinguishing concept, shaping both scope and regulatory purpose. Drawing on computational theory and safety-critical regulation, it proposes a problem-oriented framework for evaluating AI systems in legal contexts. Instead of relying on abstract or exhaustive definitions, this approach classifies AI systems by the problems they solve, the inference methods they employ, and the risks they pose. The framework accommodates hybrid systems, including neuro-symbolic and quantum-enhanced models, offering a more precise, technology-neutral basis for legal interpretation, compliance and enforcement under the AI Act.

Law Innovation and Technology
Universidad Cardenal Herrera CEU (ES)
Peace, Justice and strong institutions
Openalex Percentile: Top 5%
Ethics and Social Impacts of AI
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Inference as the defining criterion of AI: rethinking the EU AI Ac — Maria L. Mena-Durán, Antonio Falcó Montesinos · Law Innovation and Technology (2026) | TGRS Research Map | TGRS