Regulating driving automation in the European Union – criminal liability on the road ahead?

Abstract

Technological developments enable modern cars to drive autonomously. The EU has embraced this phenomenon in the hope that such technology can ameliorate mobility and environmental problems and has therefore engaged in tailoring technical solutions to driving automation in Europe. But driving automation, like other uses of AI, raises novel legal issues, including in criminal law – for instance when such vehicles malfunction and cause serious harm. By only pushing for a technological standard for self-driving cars, are EU lawmakers missing necessary regulatory aspects? In this article, we argue that criminal law ought to be reflected in EU strategy and offer a proposal to fill the current gap, suggesting an approach to allocate criminal liability when humans put AI systems in the driver’s seat.