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Judicial Dialogue between the European Court of Human Rights and the Court of Justice of the European Union in the Field of Legal Liability for Posting Hyperlinks.

Authors :
Oręziak, Bartłomiej
Source :
International Community Law Review. 2019, Vol. 21 Issue 5, p432-448. 17p.
Publication Year :
2019

Abstract

This paper discusses the judicial dialogue between the European Court of Human Rights and the Court of Justice of the European Union regarding the placing of hyperlinks on the internet. Firstly, the case law of the CJEU in the light of the linkage is analysed. This shows the scope of restrictions created by this judicial authority in the area of copyright. Secondly, the judgment of the ECHR will be cited and analysed as regards the relationship between placing hyperlinks on the internet and freedom of expression. There is a judicial dialogue with the CJEU, which focuses attention on the human rights aspect of hyperlinks. Thirdly, the correlation between the jurisprudence of the CJEU and the ECHR will be analysed, including a functional interpretation. The paper ends with a discussion about the potential of this judicial dialogue for the wider purpose of building an optimal model for European dialogue. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
18719740
Volume :
21
Issue :
5
Database :
Academic Search Index
Journal :
International Community Law Review
Publication Type :
Academic Journal
Accession number :
139906669
Full Text :
https://doi.org/10.1163/18719732-12341412