Columbia Law Publishes 'Towards a European Quantum Act' Study by Mauritz Kop

In a landmark academic contribution, Columbia Law School’s prestigious Columbia Journal of European Law (CJEL) is publishing a comprehensive study by Mauritz Kop, a leading scholar in the field of quantum technology governance. Titled "Towards a European Quantum Act: A Two-Pillar Framework for Regulation and Innovation," the paper, published in Volume 31, Issue 1 (Fall 2025), presents a forward-looking and robust framework for the European Union to navigate the complexities of the quantum age. This timely publication in a top ranked journal guided by the intellectual stewardship of renowned Columbia Law professors Anu Bradford and George Bermann, is set to significantly influence the burgeoning transatlantic dialogue on the future of quantum technology.

The full citation for the paper is: Mauritz Kop – Towards a European Quantum Act: A Two-Pillar Framework for Regulation and Innovation (Sept 9, 2025), Volume 31, Issue No. 1, Columbia Journal of European Law, Columbia Law School (2025), final edition forthcoming. Pre-print versions are available on SSRN, arXiv, ResearchGate, the Website of the European Commission, and AIRecht.

The Columbia Journal of European Law: A Bastion of Transatlantic Legal Scholarship

Founded in 1994, the Columbia Journal of European Law has established itself as a leading academic publication dedicated to the study of European law from a transatlantic perspective. Its mission is to provide a forum for the exchange of ideas between scholars, practitioners, and policymakers on both sides of the Atlantic. The journal’s history is deeply intertwined with the development of the European Union and the evolving relationship between the EU and the United States. It has consistently published groundbreaking scholarship on a wide range of topics, from competition law and trade to human rights and constitutional law.

The journal's ranking among the top international and European law journals is a testament to its quality and influence. CJEL is currently the single most cited European law journal in the world. It is widely recognized for its rigorous academic standards and its commitment to publishing innovative and policy-relevant research. The journal’s association with Columbia Law School, one of the world’s leading law schools, further enhances its prestige. Columbia Law, located on Amsterdam Avenue in Morningside Heights, Manhattan, New York City, is an Ivy League institution consistantly ranked 3rd in the country - its name carries weight. You can find more information about the journal on its official website: https://cjel.law.columbia.edu/ and its Scholastica page: https://columbia-journal-of-european-law.scholasticahq.com/. For more on the journal's history, the Wikipedia page is a useful resource, and updates can be found on their LinkedIn profile.

CJEL Guided by Star Professors Anu Bradford and George Bermann

The intellectual rigor and policy relevance of Kop's study are a reflection of the Journal’s guidance and mentorship of two of Columbia Law School's most distinguished scholars: Anu Bradford and George Bermann.

Professor Bradford, the Henry L. Moses Professor of Law and International Organization, is a world-renowned expert on the "Brussels Effect," a term she coined to describe the European Union's unilateral power to regulate global markets. Her work has profoundly shaped our understanding of the EU's role in the world and its ability to set global standards for technology and other industries. Her insights into the EU’s regulatory power are clearly reflected in Kop’s proposal for a European Quantum Act.

Professor George Bermann is the Walter Gellhorn Professor of Law and the Jean Monnet Professor of European Union Law at Columbia Law School. A leading authority on European law, international arbitration, and comparative law, Professor Bermann has been instrumental in shaping the field of European law studies in the United States. His deep understanding of the intricacies of EU law and governance provides a solid foundation for Kop’s ambitious legislative proposal. The combined expertise of these two scholars has undoubtedly enriched the paper, ensuring its legal and political feasibility.

"Towards a European Quantum Act": A Two-Pillar Framework

Kop's paper argues that the European Union has a unique opportunity to shape the global governance of quantum technologies. He proposes a comprehensive "European Quantum Act" based on a two-pillar framework:

Pillar 1: Agile, NLF-Style Regulation: This pillar focuses on creating a flexible and adaptive regulatory framework, similar to the EU’s New Legislative Framework (NLF) for products. It would establish a risk-based approach to regulating quantum technologies, with stricter rules for high-risk applications and more flexibility for low-risk ones. This approach, Kop argues, would allow for innovation to flourish while ensuring that fundamental rights and safety are protected. A key element of this pillar is the "standards-first" philosophy, which prioritizes the development of technical standards as a primary mechanism for embedding democratic values into the very architecture of quantum technologies.

Pillar 2: Ambitious, Chips Act-Style Industrial Policy: This pillar calls for a proactive and ambitious industrial policy to support the development of a competitive and resilient European quantum ecosystem. Drawing inspiration from the U.S. and EU Chips Acts, Kop proposes a range of measures, including funding for research and development, support for startups and SMEs, and the creation of a European quantum infrastructure. This pillar aims to ensure that Europe can compete with the United States and China in the global quantum race.

A Standards-First Approach to Secure a Democratic Future

A central tenet of Kop's proposal is the "standards-first" approach. He argues that technical standards are not merely technical tools but are "vessels for values." By proactively shaping the standards for quantum technologies, the EU can embed its democratic values, such as privacy, fairness, and accountability, into the core of the technology. This approach would not only ensure that quantum technologies are developed and used in a responsible manner but would also give the EU a competitive advantage in the global market for trustworthy quantum systems.

This concept builds upon a recent study published in the prestigious journal Science, senior-authored by Kop. The study, titled "Quantum technology governance: A standards-first approach," was first-authored by Mateo Aboy of Cambridge University, with co-authorship from Urs Gasser, a leading scholar at the Technical University of Munich and Harvard University, and I. Glenn Cohen, Vice Dean of Harvard Law School and Faculty Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics. This foundational work, which can be accessed here at Science, provides the rigorous academic underpinnings for leveraging standards as a primary tool for responsible technology governance.

The paper, initiated by the Stanford Center for Responsible Quantum Technology, suggests the creation of a Quantum Technology Quality Management System (QT-QMS), which would be developed in partnership with international bodies like ISO/IEC and IEEE. This system would provide a certifiable CE mark for quantum systems, signaling their compliance with EU standards and values.

Meer lezen

Mauritz Kop Consults Senator Mark Warner on AI & Quantum Technology Policy

Washington D.C., January 4, 2022—As the United States Congress grapples with the complex challenges of regulating artificial intelligence and quantum technology, leading policymakers are seeking expert guidance to inform a robust and forward-thinking national strategy. On January 4, 2022, Mauritz Kop, a distinguished scholar in the field of technology law and governance, was consulted by the legal team of U.S. Senator Mark Warner (D-VA) to provide strategic insights on both AI and quantum technology policy.

This consultation highlights the growing recognition in Washington of the need for deep, interdisciplinary expertise to navigate the geopolitical, economic, and security dimensions of these transformative technologies. Senator Warner's team reached out to Kop based on his influential scholarship, including his extensive work at Stanford on the EU AI Act and the need for a strategic democratic tech alliance, his advisory role for the European Commission led by Ursula von der Leyen on the AI Act and Data Act, and his foundational article in the Yale Journal of Law & Technology proposing a comprehensive legal-ethical framework for quantum technology.

Senator Mark Warner: A Leader on Technology and National Security

Senator Mark Warner's engagement on these issues is both significant and timely. As the Chairman of the Senate Select Committee on Intelligence, he is at the forefront of addressing the national security implications of emerging technologies. His work involves overseeing the U.S. Intelligence Community and ensuring it is equipped to handle the threats and opportunities of the 21st century, where technological competition with nations like China is a central concern.

The Senate Select Committee on Intelligence has a broad mandate that includes analyzing intelligence on the technological capabilities of foreign powers and assessing the vulnerabilities of U.S. critical infrastructure. Senator Warner has been a vocal proponent of developing a national strategy for AI and quantum to maintain the United States' competitive edge and to ensure that these technologies are developed and deployed in a manner consistent with democratic values. This consultation with Mauritz Kop reflects the Senator's commitment to drawing on leading academic research to shape sound, bipartisan policy.

AI Policy: A Transatlantic, Risk-Based Approach that Lets Innovation Breathe

A key focus of the consultation was Kop's analysis of the European Union's AI Act. His Stanford publications argue for a balanced, pro-innovation regulatory model that can serve as a blueprint for international cooperation. Good governance and sensible legislation should incentivize desired behavior and simultaneously create breathing room for sustainable, beneficial innovation to flourish.

Quantum Governance: Establishing a Legal-Ethical Framework

The discussion also delved into the governance of quantum technology, drawing on Kop's seminal work in the Yale Journal of Law & Technology. Recognizing that quantum is rapidly moving from the theoretical to the practical, he stressed the urgency of establishing a legal-ethical framework before the technology is widely deployed and locked-in.

The consultation with Senator Warner's office represents a critical intersection of academic scholarship and high-level policymaking. As the United States charts its course in the era of AI and quantum, the insights provided by experts like Mauritz Kop are invaluable in ensuring that the nation's strategy is not only competitive but also responsible, ethical, and firmly rooted in democratic principles.