The Competence of the European Union in Copyright Lawmaking
Ana Ramalho
Broschiertes Buch

The Competence of the European Union in Copyright Lawmaking

A Normative Perspective of EU Powers for Copyright Harmonization

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This book inquires into the competence ofthe EU to legislate in the field of copyright, and uses content analysistechniques to demonstrate the existence of a normative gap in copyrightlawmaking. To address that gap, it proposes the creation of benchmarks oflegislative activity, reasoning that EU secondary legislation, such as directivesand regulations, should be based on higher sources of law. It investigates twosuch possible sources: the activity of the EU Court of Justice in thepre-legislative era and the EU treaties. From these sources, the authorestablishes concrete benchmarks of legislati...