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Judicialization and the Copyright War: Balancing Conflicting Interests through the Court of Justice of the European Union

Elia, Veronica LU (2015) STVM23 20151
Department 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)
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author
Elia, Veronica LU
supervisor
organization
course
STVM23 20151
year
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},
  keyword      = {European Union,Court of Justice,judicialization,copyright,internet},
  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},
}