Is There an EU Copyright Jurisprudence? An Empirical Analysis of the Workings of the European Court of Justice

45 Pages Posted: 19 Jan 2016

See all articles by Marcella Favale

Marcella Favale

Bournemouth University; University of Glasgow

Martin Kretschmer

University of Glasgow - School of Law

Paul L.C. Torremans

Independent

Date Written: January 2016

Abstract

The Court of Justice of the European Union has seen a dramatic and controversial increase in copyright cases during the last decade. This study investigates empirically two claims: (i) that the Court has failed to develop a coherent copyright jurisprudence (lacking domain expertise, copyright specific reasoning, and predictability); (ii) that the Court has pursued an activist, harmonising agenda (resorting to teleological interpretation of European law). We analyse the allocation of copyright and database right cases by Chambers of the Court, Advocate General (AG) and Reporting Judge, and investigate the biographical background of the Judges and AGs sitting. We trace patterns of reasoning in the Court's approach through quantitative content analysis. Legal topoi that are employed in the opinions and decisions are linked to the outcomes of each case.

Suggested Citation

Favale, Marcella and Kretschmer, Martin and Torremans, Paul L.C., Is There an EU Copyright Jurisprudence? An Empirical Analysis of the Workings of the European Court of Justice (January 2016). The Modern Law Review, Vol. 79, Issue 1, pp. 31-75, 2016, Available at SSRN: https://ssrn.com/abstract=2717168 or http://dx.doi.org/10.1111/1468-2230.12166

Marcella Favale (Contact Author)

Bournemouth University ( email )

Fern Barrow
Poole BH12 5BB, Dorset BH8 8EB
United Kingdom

HOME PAGE: http://https://microsites.bournemouth.ac.uk/cippm/2014/05/13/marcella-favale/

University of Glasgow ( email )

Adam Smith Business School
Glasgow, Scotland G12 8LE
United Kingdom

Martin Kretschmer

University of Glasgow - School of Law ( email )

CREATe, School of Law
10 The Square
Glasgow, G12 8QQ
United Kingdom

Paul L.C. Torremans

Independent ( email )

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