The Competence of the European Union in Copyright Lawmaking - A Normative Perspective of EU Powers for Copyright Harmonization

This book inquires into the competence ofthe EU to legislate in the field of copyright, and uses content analysistechniques to demonstrate the existence of a normative gap in copyrightlawmaking. To address that gap, it proposes the creation of benchmarks oflegislative activity, reasoning that EU secondary legislation, such as directivesand regulations, should be based on higher sources of law. It investigates twosuch possible sources: the activity of the EU Court of Justice in thepre-legislative era and the EU treaties. From these sources, the authorestablishes concrete benchmarks of legislative activity, which she then testsby applying them to current EU copyright legislation. This provides examples ofgood and bad practices in copyright lawmaking and also shows how the benchmarkscould be implemented in copyright legislation. Finally, the author offers somerecommendations in this regard.

List of contents

1. Introduction.- 2. A Normative Gap inCopyright Lawmaking?.- 3. Colonizing the Normative Gap: The Intervention of theCourt of Justice.- 4. Minding the Normative Gap: The EU Treaties.- 5. Bridgingthe Normative Gap: Proposed Benchmarks for Copyright Lawmaking.- 6. Field-Testingthe Normative Bridge: The EU Copyright Acquis.- 7. The Normative Gap: Water Underthe Bridge.

Summary

This book inquires into the competence of
the EU to legislate in the field of copyright, and uses content analysis
techniques to demonstrate the existence of a normative gap in copyright
lawmaking. To address that gap, it proposes the creation of benchmarks of
legislative activity, reasoning that EU secondary legislation, such as directives
and regulations, should be based on higher sources of law. It investigates two
such possible sources: the activity of the EU Court of Justice in the
pre-legislative era and the EU treaties. From these sources, the author
establishes concrete benchmarks of legislative activity, which she then tests
by applying them to current EU copyright legislation. This provides examples of
good and bad practices in copyright lawmaking and also shows how the benchmarks
could be implemented in copyright legislation. Finally, the author offers some
recommendations in this regard.

Product details

• Authors: Ana Ramalho
• Publisher: Springer, Berlin
• Languages: English
• Product format: Paperback / Softback
• Released: 01.01.2018
• EAN: 9783319802978
• ISBN: 978-3-31-980297-8
• No. of pages: 249
• Dimensions: 156 mm x 236 mm x 15 mm
• Weight: 416 g
• Illustrations: XI, 249 p. 3 illus.
• Subjects: Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; B, Law, Political Science, International Law, European Union, Politics & government, Law and Criminology, International Economics, European Integration, European law, Economic systems & structures, Mass Media, EU (European Union), International institutions, IT Law, Media Law, Intellectual Property, Law—Europe, European Union Politics, European Economic Community literature