Is there a EU copyright jurisprudence?: an empirical analysis of the workings of the European Court of Justice
Favale, Marcella and Kretchmer, Martin and Torremans, Paul (2015) Is there a EU copyright jurisprudence?: an empirical analysis of the workings of the European Court of Justice. Working Paper: https://doi.org/10.5281/zenodo.29673.. Centre for Copyright and New Business Models in the Creative Economy.
Official URL: http://www.create.ac.uk/publications/is-there-a-eu-copyright-jurisprudence-an-empirical-analysis-of-the-workings-of-the-european-court-of-justice/
The Court of Justice of the European Union (ECJ) has been suspected of carrying out a harmonising agenda over and beyond the conventional law-interpreting function of the judiciary. This study aims to investigate empirically two theories in relation to the development of EU copyright law: (i) that the Court has failed to develop a coherent copyright jurisprudence (lacking domain expertise, copyright specific reasoning, and predictability); (ii) that the Court has pursued an activist, harmonising agenda (resorting to teleological interpretation of European law rather than – less discretionary – semantic and systematic legal approaches).
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