Resistance is futile? The impact of the Court of Justice of the EU on the development of copyright law and policy

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Ana Ramalho (Maastricht University), “Resistance is futile? The impact of the Court of Justice of the EU on the development of copyright law and policy”

This paper aims at analysing the effect of CJEU case law on several EU institutional actors in the field of copyright.  It starts by arguing that it is necessary to look beyond claims of judicial activism. It suggests that we need to concentrate instead on how CJEU case law affects other actors from the perspective of EU constitutional law, and it follows to analyse this premise in relation to national courts, the EU legislator, and the CJEU itself. The leeway of these institutions to deviate from CJEU decisions is going to be examined. The paper concludes that, while the EU institutions have some space to deviate from CJEU rulings, most of them have not made use of such possibility, and recommends possible ways to address this.