  The adoption of human oversight measures makes it possible to regulate, to
varying degrees and in different ways, the decision-making process of
Artificial Intelligence (AI) systems, for example by placing a human being in
charge of supervising the system and, upstream, by developing the AI system to
enable such supervision. Within the global governance of AI, the requirement
for human oversight is embodied in several regulatory formats, within a
diversity of normative sources. On the one hand, it reinforces the
accountability of AI systems' users (for example, by requiring them to carry
out certain checks) and, on the other hand, it better protects the individuals
affected by the AI-based decision (for example, by allowing them to request a
review of the decision). In the European context, the AI Act imposes
obligations on providers of high-risk AI systems (and to some extent also on
professional users of these systems, known as deployers), including the
introduction of human oversight tools throughout the life cycle of AI systems,
including by design (and their implementation by deployers). The EU legislator
is therefore going much further than in the past in "spelling out" the legal
requirement for human oversight. But it does not intend to provide for all
implementation details; it calls on standardisation to technically flesh out
this requirement (and more broadly all the requirements of section 2 of chapter
III) on the basis of article 40 of the AI Act. In this multi-level regulatory
context, the question of the place of humans in the AI decision-making process
should be given particular attention. Indeed, depending on whether it is the
law or the technical standard that sets the contours of human oversight, the
"regulatory governance" of AI is not the same: its nature, content and scope
are different. This analysis is at the heart of the contribution made (or to be
made) by legal experts to the central reflection on the most appropriate
regulatory governance -- in terms of both its institutional format and its
substance -- to ensure the effectiveness of human oversight and AI
trustworthiness.
