EU’s AI Act and Migration Control. Shortcomings in Safeguarding Fundamental Rights

Abstract

In the European Union, AI and non-AI technologies are increasingly being used for border and migration control. In this blog, Brouwer argues that the new AI Act, while adding safeguards, falls short of sufficiently protecting fundamental rights. This is due to its blanket exceptions and broad discretion for national and EU agencies to experiment with AI tools when making decisions about migrants, including asylum seekers and refugees. It is therefore important that the general legal framework on fundamental rights continues to be observed.

Keywords

• AI Act
• AI Regulation
• EU
• Europarecht
• European Union
• EU