Jul 2026· Law Journal of New Bulgarian University· Vol 22, pp. 75-90· 0 citations
TL;DR
The study concludes that courts are experiencing difficulties in applying existing legal norms to new legal facts arising from AI, which justifies a balanced approach to legal regulation of AI, ensuring the protection of fundamental rights and ethical standards while providing the necessary freedom for the development of new technologies.
Abstract
This article examines the regulatory challenges arising from the dynamic development of artificial intelligence (AI) and the possibilities for overcoming them through soft law instruments. Traditional legislative mechanisms (hard law) often prove insufficiently flexible and lag behind dynamic technological innovations, leading to legal uncertainty, conflicting case law, and even a lack of legal regulation. This research aims to explore the limits of positive legal regulation (hard law) in the context of accelerated technological development. The article argues that in the field of AI regulation, soft law should not be viewed as a temporary stage before the emergence of hard law, but as a sustainable form of rapid and responsible legal regulation. Particular attention is paid to contemporary judicial practice, which increasingly faces complex cases related to liability for autonomous systems, algorithmic discrimination, and copyright. The study concludes that courts are experiencing difficulties in applying existing legal norms to new legal facts arising from AI. The results of the study confirm, based on an analysis of case law and a comparative legal analysis of soft law instruments and hard law, that in the regulation of AI, soft law should not be viewed merely as a temporary solution, but as a sustainable model for regulation and an important auxiliary tool for judicial interpretation. Particular attention is paid to the mechanisms for strengthening soft law. This justifies a balanced approach to legal regulation of AI, ensuring the protection of fundamental rights and ethical standards while providing the necessary freedom for the development of new technologies.
This article adopts a doctrinal, normative and socio-legal research approach to address existing scholarly gaps and to critically examine the applicability of the EU AI regulatory model in family courts, with particular emphasis on its conceptual and practical limitations and its implications beyond individual EU Membe...
Michał A. Piegzik· European Journal of Risk Reg...· 0 citations
The intersection between AI and antitrust law is explored, analysing whether AI can be used to facilitate anti-competitive practices and to what extent algorithm-driven pricing mechanisms act autonomously and to what degree they may be intentionally influenced or optimized to benefit corporate interests.
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N. Olinder· EKONOMIKA I UPRAVLENIE: PROB...· 0 citations
Artificial intelligence (AI) is increasingly used in public administration, yet its opacity raises concerns about arbitrary exercises of state power. This article argues that alongside regulatory frameworks, the Rule of Law supplies an independent basis for limiting state deployment of AI. Drawing on widely accepted...
In the era of globalization, the digital transformation era, the advancement of Artificial Intelligence (AI) has enabled computer systems to perform cognitive functions similar to human capabilities, including analyzing, drafting, and even executing contracts autonomously. This technological shift has profoundly influe...
Nanda Dwi Rizkia Nanda Dwi Rizkia, Siti Mastoah Siti Mastoah, Dzul Jalaali Walikrom Dzul Jalaali Walikrom et al.· National Journal Of Law· 0 citations
It treats the behavioral influence of AI on humans - algorithmic attention management and the exploitation of cognitive vulnerabilities - as an independent problem that law, built around discrete wrongful acts, is structurally unable to capture; it introduces the category of “cumulative legal invisibility,” by analogy...