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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Produktdetaljer
ISBN
9783319282060
Publisert
2018
Utgiver
Vendor
Springer
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter