Hardback
Buying AI
The Legal Framework for Public Procurement of Artificial Intelligence in the EU
9781035311729 Edward Elgar Publishing
This informative book investigates the role of public procurement law in regulating the acquisition of artificial intelligence (AI) systems for use in public administration in EU Member States. It features in-depth analyses of public procurement organisations, procedures and instruments in Austria, Denmark, France, Germany, Italy, Spain and the UK, as well as detailed comparisons of their respective legal frameworks.
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Critical Acclaim
Contents
More Information
This informative book investigates the role of public procurement law in regulating the acquisition of artificial intelligence (AI) systems for use in public administration in EU Member States.
Buying AI highlights the need to ensure that AI systems meet legal and practical requirements such as control, transparency and functionality, exploring the extent to which the existing public procurement laws of Member States can implement these conditions. The book features in-depth analyses of public procurement organisations, procedures and instruments in Austria, Denmark, France, Germany, Italy, Spain and the UK, as well as detailed comparisons of their respective legal frameworks. Expert authors provide a useful toolbox for effectively ensuring that AI systems can be employed in the correct normative and practical contexts of public administration.
Examining the effect of the 2024 European AI Act, this unique book is an essential resource for students and scholars of commercial law, European law, international economic law and trade law. It is also beneficial to law firms and solicitors advising on public procurement.
Buying AI highlights the need to ensure that AI systems meet legal and practical requirements such as control, transparency and functionality, exploring the extent to which the existing public procurement laws of Member States can implement these conditions. The book features in-depth analyses of public procurement organisations, procedures and instruments in Austria, Denmark, France, Germany, Italy, Spain and the UK, as well as detailed comparisons of their respective legal frameworks. Expert authors provide a useful toolbox for effectively ensuring that AI systems can be employed in the correct normative and practical contexts of public administration.
Examining the effect of the 2024 European AI Act, this unique book is an essential resource for students and scholars of commercial law, European law, international economic law and trade law. It is also beneficial to law firms and solicitors advising on public procurement.
Critical Acclaim
‘The book Buying AI hits a blind spot in the legal debate on the use of AI in public administration. Up to now, there has been extensive discussion about the lack of transparency of AI decisions, loss of control on the part of the administration and deficits in the rule of law. This has largely ignored the fact that public procurement law already provides a sophisticated set of legal instruments to ensure that contracting authorities can procure transparent, controllable systems that comply with the rule of law. This great volume examines and compares current procurement practice and the legal framework for procuring safe AI systems in selected member states, embedded in general considerations on the use of AI in public administration.’
– Martin Burgi, Ludwig Maximilian University of Munich, Germany
‘The authors have succinctly captured the pulse of the substantive policy framework of procuring AI in the EU, with emphasis on accountability interface, as a result of the imperative need for effective governance in the role of the state and its institutions in dealing with AI for the delivery of public services. Buying AI: The Legal Framework for Public Procurement of Artificial Intelligence in the EU is an essential addition to the sources of researchers, policy and law makers who will benefit mostly from the book.’
– Christopher Bovis FRSA, Professor, University of Hull, UK
– Martin Burgi, Ludwig Maximilian University of Munich, Germany
‘The authors have succinctly captured the pulse of the substantive policy framework of procuring AI in the EU, with emphasis on accountability interface, as a result of the imperative need for effective governance in the role of the state and its institutions in dealing with AI for the delivery of public services. Buying AI: The Legal Framework for Public Procurement of Artificial Intelligence in the EU is an essential addition to the sources of researchers, policy and law makers who will benefit mostly from the book.’
– Christopher Bovis FRSA, Professor, University of Hull, UK
Contents
Contents
Foreword ix
1 Relevance of procurement law for the use of AI in public administration 1
Patricia Valcárcel Fernández
2 Overview of digital technologies relevant to public procurement 12
Daniel Arosa Otero and Manuel García Rodríguez
3 Legal requirements for the use of AI in public administration 40
Christoph Krönke
4 Relevant EU procurement law requirements 64
Miguel Assis Raimundo and Marco Caldeira
5 Country report on Germany 100
Christoph Krönke
6 Country report on Spain 130
Patricia Valcárcel Fernández
7 Country Report on Austria 161
Valentina Neubauer
8 Country report on Denmark 203
Carina Risvig Hamer and Hanne Marie Motzfeldt
9 Country report on France 219
François Lichère and Romain Micalef
10 Country report on Italy 257
Gabriella M. Racca
11 Governance of AI procurement in the UK 283
A
Foreword ix
1 Relevance of procurement law for the use of AI in public administration 1
Patricia Valcárcel Fernández
2 Overview of digital technologies relevant to public procurement 12
Daniel Arosa Otero and Manuel García Rodríguez
3 Legal requirements for the use of AI in public administration 40
Christoph Krönke
4 Relevant EU procurement law requirements 64
Miguel Assis Raimundo and Marco Caldeira
5 Country report on Germany 100
Christoph Krönke
6 Country report on Spain 130
Patricia Valcárcel Fernández
7 Country Report on Austria 161
Valentina Neubauer
8 Country report on Denmark 203
Carina Risvig Hamer and Hanne Marie Motzfeldt
9 Country report on France 219
François Lichère and Romain Micalef
10 Country report on Italy 257
Gabriella M. Racca
11 Governance of AI procurement in the UK 283
A
