The competence of the European Union in copyright lawmaking : a normative perspective of EU powers for copyright harmonization / Ana Ramalho.

Format:

Book

Author/Creator:

Ramalho, Ana, 1976- author.

Language:

English

Subjects (All):

Copyright--European Union countries.

Copyright.

European Union countries.

Court of Justice of the European Union.

Physical Description:

xi, 249 pages : illustrations ; 25 cm

Place of Publication:

Switzerland : Springer, [2016]

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"--Back cover.

Contents:

A normative gap in copyright lawmaking?

Colonizing the normative gap : the intervention of the Court of Justice

Minding the normative gap : the EU treaties

Bridging the normative gap : proposed benchmarks for copyright lawmaking

Field-testing the normative bridge : The EU copyright Acquis

The normative gap : water under the bridge.

Notes:

"This book is based on my Ph.D. thesis"--Page v.

Includes bibliographical references.

ISBN:

3319282050

9783319282053

OCLC:

930996614