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 (CJEU) has been suspected of carrying out a harmonising agenda over and beyond the conventional law-interpreting function of the judiciary. In relation to the development of a EU copyright law, the Court has seen a dramatic increase in activity, with 6 case...
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Published: |
Wiley
2016
|
| Subjects: | |
| Online Access: | https://eprints.nottingham.ac.uk/31250/ |
| _version_ | 1848794159877455872 |
|---|---|
| author | Favale, Marcella Kretschmer, Martin Torremans, Paul |
| author_facet | Favale, Marcella Kretschmer, Martin Torremans, Paul |
| author_sort | Favale, Marcella |
| building | Nottingham Research Data Repository |
| collection | Online Access |
| description | The Court of Justice of the European Union (CJEU) has been suspected of carrying out a harmonising agenda over and beyond the conventional law-interpreting function of the judiciary. In relation to the development of a EU copyright law, the Court has seen a dramatic increase in activity, with 6 cases filed in the 10 years following the Phil Collins case of 1992, 6 cases filed in the 5 years between 2002 and 2006, and 26 cases in the 5 years between 2007 and 2011. 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). The findings of the study confirm the former, and qualify the latter. |
| first_indexed | 2025-11-14T19:11:46Z |
| format | Article |
| id | nottingham-31250 |
| institution | University of Nottingham Malaysia Campus |
| institution_category | Local University |
| last_indexed | 2025-11-14T19:11:46Z |
| publishDate | 2016 |
| publisher | Wiley |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | nottingham-312502020-05-04T17:31:54Z https://eprints.nottingham.ac.uk/31250/ Is there a EU copyright jurisprudence?: an empirical analysis of the workings of the European Court of Justice Favale, Marcella Kretschmer, Martin Torremans, Paul The Court of Justice of the European Union (CJEU) has been suspected of carrying out a harmonising agenda over and beyond the conventional law-interpreting function of the judiciary. In relation to the development of a EU copyright law, the Court has seen a dramatic increase in activity, with 6 cases filed in the 10 years following the Phil Collins case of 1992, 6 cases filed in the 5 years between 2002 and 2006, and 26 cases in the 5 years between 2007 and 2011. 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). The findings of the study confirm the former, and qualify the latter. Wiley 2016-01-15 Article PeerReviewed Favale, Marcella, Kretschmer, Martin and Torremans, Paul (2016) Is there a EU copyright jurisprudence?: an empirical analysis of the workings of the European Court of Justice. Modern Law Review, 79 (1). pp. 31-75. ISSN 1468-2230 Court of Justice of the European Union CJEU Copyright European jurisprudence Advocate General Harmonization European Union http://onlinelibrary.wiley.com/doi/10.1111/1468-2230.12166/abstract doi:10.1111/1468-2230.12166 doi:10.1111/1468-2230.12166 |
| spellingShingle | Court of Justice of the European Union CJEU Copyright European jurisprudence Advocate General Harmonization European Union Favale, Marcella Kretschmer, Martin Torremans, Paul Is there a EU copyright jurisprudence?: an empirical analysis of the workings of the European Court of Justice |
| title | Is there a EU copyright jurisprudence?: an empirical analysis of the workings of the European Court of Justice |
| title_full | Is there a EU copyright jurisprudence?: an empirical analysis of the workings of the European Court of Justice |
| title_fullStr | Is there a EU copyright jurisprudence?: an empirical analysis of the workings of the European Court of Justice |
| title_full_unstemmed | Is there a EU copyright jurisprudence?: an empirical analysis of the workings of the European Court of Justice |
| title_short | Is there a EU copyright jurisprudence?: an empirical analysis of the workings of the European Court of Justice |
| title_sort | is there a eu copyright jurisprudence?: an empirical analysis of the workings of the european court of justice |
| topic | Court of Justice of the European Union CJEU Copyright European jurisprudence Advocate General Harmonization European Union |
| url | https://eprints.nottingham.ac.uk/31250/ https://eprints.nottingham.ac.uk/31250/ https://eprints.nottingham.ac.uk/31250/ |