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The Competence of the European Union in Copyright Lawmaking - A Normative Perspective of EU Powers for Copyright Harmonization (Paperback, Softcover reprint of the original 1st ed. 2016)
Loot Price: R3,494
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The Competence of the European Union in Copyright Lawmaking - A Normative Perspective of EU Powers for Copyright Harmonization (Paperback, Softcover reprint of the original 1st ed. 2016)
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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.
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