Summaria Iuridica

Favale, Marcella ; Kretschmer, Martin ; Torremans, Paul L. C. Who is steering the jurisprudence of the European Court of Justice? The influence of Member State submissions on copyright law // The Modern Law Review. Vol. 83 (2020), issue 4, p. 831-860.

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. [---]