Judicialization and the Copyright War: Balancing Conflicting Interests through the Court of Justice of the European Union
(2015) STVM23 20151Department of Political Science
- Abstract
- The last few decades have witnessed the expansion of the role of the Court of Justice of the European Union in the policy-making process, a phenomenon referred to as “judicialization”. This shift of legislative power from the legislators to the judges inevitably has consequences for all the different interests involved. The aim of the thesis is to study the phenomenon of judicialization in the EU in order to identify its impact on the interests of the stakeholders in a given policy area. This is achieved by conducting a case study on EU copyright law, a policy field that has undergone this process of judicialization, with a focus on copyright protection and enforcement in the digital environment. The paper firstly examines the current... (More)
- The last few decades have witnessed the expansion of the role of the Court of Justice of the European Union in the policy-making process, a phenomenon referred to as “judicialization”. This shift of legislative power from the legislators to the judges inevitably has consequences for all the different interests involved. The aim of the thesis is to study the phenomenon of judicialization in the EU in order to identify its impact on the interests of the stakeholders in a given policy area. This is achieved by conducting a case study on EU copyright law, a policy field that has undergone this process of judicialization, with a focus on copyright protection and enforcement in the digital environment. The paper firstly examines the current legal framework on copyright and identifies the main stakeholders in the copyright debate, and then analyzes all the relevant cases of the Court of Justice. The analysis of the cases shows that the judicialization of copyright law is gradually leading to a change in the conflict between the two main groups that are concerned with online copyright, as the fundamental rights of internet users are increasingly gaining importance, while the right to the protection of intellectual property of the rightholders is losing its status as an absolute and inviolable right. Judicialization is thus leading to a more balanced approach in the conflict, where different kinds of fundamental rights are treated equally. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/5425995
- author
- Elia, Veronica LU
- supervisor
- organization
- course
- STVM23 20151
- year
- 2015
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- European Union, Court of Justice, judicialization, copyright, internet
- language
- English
- id
- 5425995
- date added to LUP
- 2015-07-13 11:35:17
- date last changed
- 2015-07-13 11:35:17
@misc{5425995,
abstract = {{The last few decades have witnessed the expansion of the role of the Court of Justice of the European Union in the policy-making process, a phenomenon referred to as “judicialization”. This shift of legislative power from the legislators to the judges inevitably has consequences for all the different interests involved. The aim of the thesis is to study the phenomenon of judicialization in the EU in order to identify its impact on the interests of the stakeholders in a given policy area. This is achieved by conducting a case study on EU copyright law, a policy field that has undergone this process of judicialization, with a focus on copyright protection and enforcement in the digital environment. The paper firstly examines the current legal framework on copyright and identifies the main stakeholders in the copyright debate, and then analyzes all the relevant cases of the Court of Justice. The analysis of the cases shows that the judicialization of copyright law is gradually leading to a change in the conflict between the two main groups that are concerned with online copyright, as the fundamental rights of internet users are increasingly gaining importance, while the right to the protection of intellectual property of the rightholders is losing its status as an absolute and inviolable right. Judicialization is thus leading to a more balanced approach in the conflict, where different kinds of fundamental rights are treated equally.}},
author = {{Elia, Veronica}},
language = {{eng}},
note = {{Student Paper}},
title = {{Judicialization and the Copyright War: Balancing Conflicting Interests through the Court of Justice of the European Union}},
year = {{2015}},
}