Who is steering the jurisprudence of the European Court of Justice? The influence of Member State submissions on copyright law

Favale, M., Kretschmer, M. and Torremans, P. (2020) Who is steering the jurisprudence of the European Court of Justice? The influence of Member State submissions on copyright law. Modern Law Review, 83(4), pp. 831-860. (doi: 10.1111/1468-2230.12527)

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Abstract

The juridification of the European policy process is increasingly fragile, and little understood. This study develops a novel methodology to investigate the influence of Member States on the rulings of the Court of Justice of the European Union (CJEU). The focus is on the domain of copyright law which has seen a dramatic escalation of preliminary references to the Court, indicating a normative void. Examining 170 documents relating to 42 cases registered between 1998 and 2015, we measure empirically the impact of submissions by Member States and the European Commission on the interpretation of copyright concepts. We show that France is the most influential country by some distance, both in terms of the number of interventions (an ‘investment’ in policy) and in terms of persuasive power (arguments adopted by the Court). The evidence also suggests that the departure of the UK from EU litigation will disturb the delicate balance of CJEU jurisprudence.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Kretschmer, Professor Martin
Authors: Favale, M., Kretschmer, M., and Torremans, P.
College/School:College of Social Sciences > School of Law
Journal Name:Modern Law Review
Publisher:Wiley
ISSN:0026-7961
ISSN (Online):1468-2230
Published Online:18 May 2020
Copyright Holders:Copyright © 2020 The Authors
First Published:First published in Modern Law Review 83(4):831-860
Publisher Policy:Reproduced under a Creative Commons license
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Project CodeAward NoProject NamePrincipal InvestigatorFunder's NameFunder RefLead Dept
190534Centre for Creativity, Regulation, Enterprise & Technology (CREATe)Martin KretschmerArts and Humanities Research Council (AHRC)AH/K000179/1CREATe