ARTICLE 144A
Appeals and Due Process
Every exercise of IRBAI authority is subject to due process. An entity affected by a decision has the right to be heard before adverse action is taken, to receive reasons for the decision, and to challenge it before an independent panel.
These safeguards are not a courtesy; they are conditions of the framework’s legitimacy, established in the Statute alongside the powers they constrain.
SCOPE
What Can Be Appealed
Administrative decisions of IRBAI are appealable: enforcement determinations, certification decisions including refusal, suspension and revocation, audit findings on which measures are based, and listings, including listing on the Sanctioned AI Entities Index under Article 143.
What IRBAI does not decide, it cannot be appealed to for. Where facts are referred to national authorities for criminal investigation, the decision to prosecute rests with national prosecutors under national law, and challenges to those proceedings belong to the national courts.
PROCESS
How an Appeal Proceeds
Appeals are heard by the Appeals Panel established under Article 43: an independent body whose members are walled off from the services whose decisions they review. The appellant submits the grounds of appeal within the period stated in the decision, has access to the file within the limits confidentiality requires, and receives a reasoned determination. Determinations of the Panel are binding.
Appeals are filed through the entity’s IRBAI account or, where that is impracticable, through the Secretariat. Filing an appeal does not by itself suspend the contested measure; the Panel may order interim measures where irreversible harm would otherwise result.