The Competence of the European Union in Copyright Lawmaking - A Normative Perspective of EU Powers for Copyright Harmonization (Hardcover, 1st ed. 2016)

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.

General

Imprint:	Springer International Publishing AG
Country of origin:	Switzerland
Release date:	March 2016
First published:	2016
Authors:	Ana Ramalho
Dimensions:	235 x 155 x 22mm (L x W x T)
Format:	Hardcover
Pages:	249
Edition:	1st ed. 2016
ISBN-13:	978-3-319-28205-3
Categories:	Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
LSN:	3-319-28205-0
Barcode:	9783319282053

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