Davide Baldini (Maastricht University – Faculty of Law; University of Florence – Law School) & Jacopo Dirutigliano have posted The Right to Explanation: Legal Challenges and the Future of Fairness in Automated Decision-Making on SSRN. Here is the abstract:
This article examines the legal foundations, scope, and practical challenges of the emerging “Right to Explanation” (RTE) in the European Union’s regulatory framework on Artificial Intelligence (AI). It analyses the cognitive barriers inherent to Automated Decision-Making (ADM) systems-such as opacity, correlation-based logic, and bias-and assesses how the RTE can enhance transparency and fairness. The paper then offers a critical reading of Article 86 of the AI Act, highlighting both its innovative potential and its structural weaknesses, particularly concerning enforceability and accountability. It argues for a tailored, contextsensitive implementation of the RTE to ensure that it can meaningfully safeguard fundamental rights in the digital age.
Recommended.