School of Law

New research published on the Influence of the Advocates-General on the Court of Justice's Copyright Case Law

This month, Professor Estelle Derclaye will talk about her newly published research at online conference.

On 26 May, Prof Derclaye will talk about her newly published research on the Advocates-General of the Court of Justice at an online conference on EU copyright law. the talk is based on a chapter she has written in E. Rosati’s Routledge handbook of EU copyright law which has come out in April. The book will be launched at a virtual event on 26 May.

In her chapter, Prof Derclaye looks at the opinions of Advocates-General of the Court of Justice of the European Union (CJEU) in copyright cases. 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 and 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. Before drawing conclusion, the chapter shows that some languages are more relied on by Advocates-General and thus are more influential than others.

 

Posted on Thursday 13th May 2021

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