EU AI Act combines fundamental rights with technical standards for AI system certification, raising concerns about due process as standardization bodies assume legislative roles. The Act allows self-certification or third-party assessment against harmonized standards, yet the standards are delayed, risking compliance gaps. This empowers conformity assessment bodies (CABs) to fill voids akin to “activist judges” on human rights issues, despite their lack of expertise in that area. While CABs must maintain objectivity and transparency, they might face challenges aligning with legal frameworks.
