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Aplin, Tanya --- "Subject Matter" [2009] ELECD 162; in Derclaye, Estelle (ed), "Research Handbook on the Future of EU Copyright" (Edward Elgar Publishing, 2009)

Book Title: Research Handbook on the Future of EU Copyright

Editor(s): Derclaye, Estelle

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847203922

Section: Chapter 3

Section Title: Subject Matter

Author(s): Aplin, Tanya

Number of pages: 28

Extract:

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 impossi-
ble due to a problem of competence of the Community.3 This will without any


1 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 ...