The Competence of the European Union in Copyright Lawmaking

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.

Uses content analysis techniques to provide readers with objective data on copyright lawmaking Establishes benchmarks to propose a new approach to lawmaking that can also be used as a template in other fields Discusses the intersection between EU law and copyright law, encompassing an analysis of both fields, to provide readers with a holistic understanding of copyright lawmaking Includes supplementary material: sn.pub/extras

Inhalt

1. Introduction.- 2. A Normative Gap in Copyright Lawmaking?.- 3. Colonizing the Normative Gap: The Intervention of the Court of Justice.- 4. Minding the Normative Gap: The EU Treaties.- 5. Bridging the Normative Gap: Proposed Benchmarks for Copyright Lawmaking.- 6. Field-Testing the Normative Bridge: The EU Copyright Acquis.- 7. The Normative Gap: Water Under the Bridge.