- Research Handbooks in Intellectual Property series
Edited by Estelle Derclaye
Chapter 3: Subject Matter
2 Copyright’s fundamental rights dimension at EU level Christophe Geiger Fundamental rights have always played an important role in the European legal order and their role is permanently increasing. A new and important step has been made recently in this regard by the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon on 13 December 2007.1 In fact, this treaty gives the Charter of Fundamental Rights a legally binding force and integrates this text in the primary legislation of the European Union (EU).2 This has been clearly stated in the amended version of Article 6(1), holding that ‘the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted in Strasbourg, on 12 December 2007, which shall have the same legal value as the Treaties’. Furthermore, according to the new version of Article 6(2), the Union will accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms, an accession that has so far been impossible due to a problem of competence of the Community.3 This will without any OJEU, 17 December 2007, 2007/C 306/01. For a first (critical) comment of this Treaty from a UK perspective see S. Burns, ‘An Incoming Tide’, 158 NLJ 44 (2008); for a comment in German, see A. Weber, ‘Vom Verfassungsvertrag zum Vertrag von Lissabon’, 2008 EuZW 7. 2 Nevertheless, it must be pointed...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.