The Multifaceted Influence of the Advocates-General on the Court of Justice’s Copyright Case Law: Legal Secretaries, Literature and Language

E. Rosati (ed.), Routledge Handbook of European Copyright Law, Routledge, Forthcoming

28 Pages Posted: 17 Dec 2020

See all articles by Estelle Derclaye

Estelle Derclaye

University of Nottingham, School of law

Date Written: September 1, 2020

Abstract

Over the years, the Court of Justice of the European Union has had an enormous influence on shaping EU copyright law. In turn, research has shown that Advocates-General strongly influence the Court. The influence of the legal secretaries on Advocates-General is less known. There is no research on what literature in what languages the Advocates-General rely on in their opinions and therefore which literature and languages influence the Court when it follows their opinions. This chapter fills these gaps in EU copyright law. First, it examines the cases where the Court followed in full or in part or has not followed the Advocates-General to determine trends in terms of Advocates-General, gender, topic, type of chamber. Second, it counts the references to the literature relied by the Advocates-General to determine how many of them cite and rely on literature in their opinions. Finally, the chapter shows that some languages are more relied on by Advocates-General and thus are more influential than others.

Keywords: European Court of Justice, Copyright, Advocate General, Legal Secretary, Language, Literature, Intellectual Property

Suggested Citation

Derclaye, Estelle, The Multifaceted Influence of the Advocates-General on the Court of Justice’s Copyright Case Law: Legal Secretaries, Literature and Language (September 1, 2020). E. Rosati (ed.), Routledge Handbook of European Copyright Law, Routledge, Forthcoming , Available at SSRN: https://ssrn.com/abstract=3684862 or http://dx.doi.org/10.2139/ssrn.3684862

Estelle Derclaye (Contact Author)

University of Nottingham, School of law ( email )

Nottingham NG7 2RD
United Kingdom

HOME PAGE: http://www.nottingham.ac.uk/law2/staff/estelle.derclaye

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