Unlocking the Black Box: Analysing the EU Artificial Intelligence Act's Framework for Explainability in AI

Published in Law, Innovation and Technology. Published by Taylor & Francis. This AAM (author accepted manuscript/ pre - print) is provided for your own personal use only. It may not be used for resale, reprinting, systematic distribution, emailing, or for any other commercial purpose without the permission of the publisher. Abstract: The lack of explainability of Artificial Intelligence (AI) is one of the first obstacles that the industry and regulators must overcome to mitigate the risks associated with the technology . The need for'eXplainable AI' (XAI) is evident in fields where accountability, ethics and fairness are critical, such as healthcare, credit scoring, policing and the criminal justice system. At the EU level, the notion of explainability is one of the fund amental principles that underpin the AI Act, though the exact XAI techn iques and requirements are still to be determined and tested in practice. This paper explores various approaches and techniques that promise to advance XAI, as well as the challenges of implementing the principle of explainability in AI governance and poli cies. Finally, the paper examines the integration of XAI into EU law, emphasising the issues of standard setting, oversight, and enforcement. Jean Monnet Chair and UNESCO Chair, Associate Professor of International and EU Law, NUP Cyprus, Director of the Jean Monnet Centre of Excellence AI - 2 - TRACE - CRIME (EU - funded), email: g.pavlidis@nup.ac.cy 1. Artificial intelligence (AI) has emerged as a fascinating and influential force in today's technological and business worlds. AI has already started to streamline mundane tasks, advance critical domains of scientific research and disrupt professions and in dustries.