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Article summary:
1. This article examines the influence of Member State submissions on the rulings of the European Court of Justice (CJEU) in copyright law.
2. A novel methodology is developed to measure the impact of Member State and European Commission submissions on copyright concepts.
3. France is found to be the most influential country, both in terms of number of interventions and persuasive power, while the departure of the UK from EU litigation may disturb CJEU jurisprudence.
Article analysis:
The article “Who is steering the jurisprudence of the European Court of Justice? The influence of Member State submissions on copyright law” by Marcella Favale, Martin Kretschmer and Paul L. C. Torremans provides an interesting analysis into how Member States can influence CJEU rulings in copyright law cases. The authors use a novel methodology to measure this influence, examining 170 documents relating to 42 cases registered between 1998 and 2015.
The authors provide evidence that France is by far the most influential country when it comes to influencing CJEU rulings in copyright law cases, both in terms of number of interventions and persuasive power. This finding is supported by data from their study which shows that France has submitted more interventions than any other country during this period, as well as having a higher rate of arguments adopted by the court than any other country.
The authors also suggest that with Brexit looming, there may be a disruption to this delicate balance due to Britain's departure from EU litigation. However, they do not provide any evidence or analysis to support this claim beyond speculation, which could lead readers to question its validity and reliability.
In addition, while they acknowledge that there are other factors at play when it comes to influencing CJEU rulings such as legal autonomy and case law evolution, they do not explore these further or provide any evidence for them either which could have strengthened their argument further had they done so.
Finally, while they note that some countries are active litigators before the CJEU but do not seem to be focussing specifically on copyright law (e.g., France, Italy and Germany), they do not explore why this might be or what implications this has for their findings which could have provided further insight into their results had it been included in their analysis.
In conclusion, while this article provides an interesting analysis into how Member States can influence CJEU rulings in copyright law cases using a novel methodology and provides evidence for its findings through data collected from its study, it does lack some depth in certain areas such as exploring counterarguments or providing evidence for its claims beyond speculation which could have strengthened its argument further had it been included in their analysis