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The 2019 Directive on Copyright in the Digital Single Market: Some Progress, a Few Bad Choices, and an Overall Failed Ambition Séverine Dusollier

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The 2019 Directive on Copyright in the Digital Single Market: Some Progress, a Few Bad Choices, and an Overall Failed Ambition Séverine Dusollier The 2019 Directive on Copyright in the Digital Single Market: Some progress, a few bad choices, and an overall failed ambition Séverine Dusollier To cite this version: Séverine Dusollier. The 2019 Directive on Copyright in the Digital Single Market: Some progress, a few bad choices, and an overall failed ambition. Common Market Law Review, Kluwer Law International, 2020, 57 (4), pp.979 - 1030. hal-03230170 HAL Id: hal-03230170 https://hal-sciencespo.archives-ouvertes.fr/hal-03230170 Submitted on 19 May 2021 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. COMMON MARKET LAW REVIEW CONTENTS Vol. 57 No. 4 August 2020 Editorial comments: Not mastering the Treaties: The German Federal Constitutional Court’s PSPP judgment 965-978 Articles S. Dusollier, The 2019 Directive on Copyright in the Digital Single Market: Some progress, a few bad choices, and an overall failed ambition 979-1030 G. Marín Durán, Sustainable development chapters in EU free trade agreements: Emerging compliance issues 1031-1068 M. Penades Fons, The effectiveness of EU law and private arbitration 1069-1106 Case law A. Court of Justice EU judicial independence decentralized: A.K., M. Krajewski and M. Ziółkowski 1107-1138 The appointment of judges and the right to a tribunal established by law: The ECJ tightens its grip on issues of domestic judicial organization: Review Simpson, M. Leloup 1139-1162 Legitimizing precarity of EU citizenship: Tjebbes, K. Swider 1163-1182 Scope and meaning of Article 15 of Directive 2004/38: Yes but no: Chenchooliah, D. Ritleng 1183-1200 Accommodating the freedom of online platforms to provide services through the incidental direct effect back door: Airbnb Ireland, P. Van Cleynenbreugel 1201-1228 On national administrative autonomy and the effectiveness of the preliminary ruling procedure: Belgium v. Commission, T. Roes 1229-1258 The European arrest warrant and the independence of public prosecutors: OG & PI, PF, JR & YC, M. Böse 1259-1282 Horizontal direct effect of Union citizenship and the evolving sporting exception: TopFit, J. Lindholm and R. Parrish 1283-1304 Book reviews 1305-1336 Survey of Literature 1337-1364 Aims The Common Market Law Review is designed to function as a medium for the understanding and implementation of European Union Law within the Member States and elsewhere, and for the dissemination of legal thinking on European Union Law matters. It thus aims to meet the needs of both the academic and the practitioner. For practical reasons, English is used as the language of communication. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from the publisher. Permission to use this content must be obtained from the copyright owner. More information can be found at: lrus.wolterskluwer.com/policies/permissions-reprints-and-licensing Common Market Law Review is published bimonthly. 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Establishment and Aims The Common Market Law Review was established in 1963 in cooperation with the British Institute of International and Comparative Law and the Europa Instituut of the University of Leyden.The Common Market Law Review is designed to function as a medium for the understanding and analysis of European Union Law, and for the dissemination of legal thinking on all matters of European Union Law. It aims to meet the needs of both the academic and the practitioner. For practical reasons, English is used as the language of communication. Consent to publish in this journal entails the author’s irrevocable and exclusive authorization of the publisher to collect any sums or considerations for copying or reproduction payable by Editorial policy third parties (as mentioned in Article 17, paragraph 2, of the Dutch Copyright Act of 1912 and The editors will consider for publication manuscripts by contributors from any country. in the Royal Decree of 20 June 1974 (S.351) pursuant to Article 16b of the Dutch Copyright Articles will be subjected to a review procedure. The author should ensure that the Act of 1912) and/or to act in or out of court in connection herewith. significance of the contribution will be apparent also to readers outside the specific expertise. Special terms and abbreviations should be clearly defined in the text or notes. 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They International Political Science Abstracts; The ISI Alerting Services; Legal Journals Index; must be accompanied by written assurance that the article has not been published, submitted RAVE; Social Sciences Citation Index; Social Scisearch. or accepted elsewhere. The author will be notified of acceptance, rejection or need for revision within three to nine weeks. Digital submissions are welcomed. Articles should preferably be no longer than 28 pages (approx. 9,000 words). Annotations should be no longer than 10 pages (approx. 3,000 words). Details concerning submission and the review process can be found on the journal's website http://www.kluwerlawonline.com/toc.php?pubcode=COLA © 2020 Kluwer Law International. Printed in the United Kingdom. Common Market Law Review 57: 979–1030, 2020. © 2020 Kluwer Law International. Printed in the United Kingdom. THE 2019 DIRECTIVE ON COPYRIGHT IN THE DIGITAL SINGLE MARKET:
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