The role of the court of justice in the development of eu copyright law: An empirical experience

Pages: 1073-1086

ISBN: 9781786437792

Abstract:

The influence of the Court of Justice of the European Union (CJEU) on all fields of European law does not need to be demonstrated, as it has been extensively argued by legal doctrine. Divergence of opinion still persists on whether this influence is contained and prudent or innovative and activist, but it is widely accepted that rules produced, directly or indirectly, through interpretation of EU Law by the Court are mostly respected. Some political scientists argue that Member States elaborate European Policy at intergovernmental level; other maintain that, given the difficulty in reaching consensus among EU Member States a ‘judicialisation’ of the EU governance (neofunctionalism) is prompted. According to the latter theory the Court sets legal principles that induce policy reforms, which in turn underpin further European jurisprudence, in a virtuous circle. Both these theories inform and enrich the discussion on the normative function of the Court, instrumental to European integration, already discussed by previous commentators of European law. In 2015, the author of this chapter, together with her colleagues, undertook the study of the Court and its rulings, in order to assess its role in shaping European copyright law. However, we did so by implementing on this interesting area of studies an empirical approach never attempted before. First, we analysed the background of the judges, looking for specific competence and professional experience in Intellectual Property. Second, we studied the rulings of the Court and the Opinions of the Advocates General in order to understand which legal approach.

https://eprints.bournemouth.ac.uk/33577/

Source: Scopus

The role of the ECJ in the development of EU copyright law: an empirical experience

Authors: Favale, M.

Editors: Stamatoudi, I. and Torremans, P.

Publisher: Edward Elgar

Abstract:

The influence of the Court of Justice of the European Union (CJEU) and in particular of this its higher Court, the European Court of Justice (ECJ) on all fields of European Law does not need to be demonstrated, as it has been extensively argued by legal doctrine. Divergence of opinion still persists on whether this influence is contained and prudent or innovative and activist, but it is widely accepted that rules produced, directly or indirectly, through interpretation of EU Law by the Court are mostly respected. Some political scientists argue that Member States elaborate European Policy at intergovernmental level, while other maintain that, given the difficulty in reaching consensus among EU Member States prompts a ‘judicialisation’ of the EU governance (neo-functionalism). According to the latter theory the Court sets legal principles that induce policy reforms, which in turn underpin further European jurisprudence, in a virtuous circle. Both these theories inform and enrich the discussion on the normative function of the Court, instrumental to European integration, already discussed by previous commentators of European law

https://eprints.bournemouth.ac.uk/33577/

Source: Manual

The role of the ECJ in the development of EU copyright law: an empirical experience

Authors: Favale, M.

Editors: Stamatoudi, I. and Torremans, P.

Publisher: Edward Elgar

ISBN: 978-1786437792

Abstract:

The influence of the Court of Justice of the European Union (CJEU) and in particular of this its higher Court, the European Court of Justice (ECJ) on all fields of European Law does not need to be demonstrated, as it has been extensively argued by legal doctrine. Divergence of opinion still persists on whether this influence is contained and prudent or innovative and activist, but it is widely accepted that rules produced, directly or indirectly, through interpretation of EU Law by the Court are mostly respected. Some political scientists argue that Member States elaborate European Policy at intergovernmental level, while other maintain that, given the difficulty in reaching consensus among EU Member States prompts a ‘judicialisation’ of the EU governance (neo-functionalism). According to the latter theory the Court sets legal principles that induce policy reforms, which in turn underpin further European jurisprudence, in a virtuous circle. Both these theories inform and enrich the discussion on the normative function of the Court, instrumental to European integration, already discussed by previous commentators of European law

https://eprints.bournemouth.ac.uk/33577/

Source: BURO EPrints