4.1 Chapter Overview and the Concept of "Indirect Impact"
In this chapter, I consider whether the requirements for high-risk AI systems in the AIA may have an impact on other regulations governing ANS even if the requirements in the AIA do not apply. In the following, when I refer to this as "indirect impact", I am not referring to the concept of "indirect effect", which essentially is a principle of interpreting domestic law in the spirit of EU law when the latter suffers from unintentional gaps or is not successfully implemented in domestic law.(1) Also referred to as the "doctrine of consistent interpretation" in legal literature, see Robert Schütze, An Introduction to European Law (4th edn, Oxford University Press 2023) 129.
First, I consider whether the requirements may have an indirect impact within EU law through the AIA Articles 2(2) and 105. Then, I look beyond EU law, considering whether the requirements can have an impact on domestic regulations of ANS through the "Brussels Effect".