"Preface" [2014] ELECD 762; in Savin, Andrej; Trzaskowski, Jan (eds), "Research Handbook on EU Internet Law" (Edward Elgar Publishing, 2014) ix

Book Title: Research Handbook on EU Internet Law

Editor(s): Savin, Andrej; Trzaskowski, Jan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781782544166

Section Title: Preface

Number of pages: 12

Extract:

Preface


The Handbook which we present is an attempt to throw light on the latest
developments in EU Internet law. There are many reasons for wanting to
do so. The Internet has brought about unprecedented changes to modern
lives, creating a connected society, building opportunities and spurring
innovation but also radically opening up the question of how to design
and apply legal rules in a connected world. More obviously, this means
choosing whether to legislate or not. Indirectly, but perhaps more
importantly, it means choosing the right kind of rule-making, relying on
soft law and reflexive law or even replacing the regulation with govern-
ance.
It makes sense to talk about EU Internet law because a very significant
percentage of laws and regulations that apply to the Internet come from
the EU. This is true both on the telecommunications (infrastructure) level
and at content production and consumption level. In many cases, the EU
intervention comes in the form of minimum harmonization combined
with the need for mutual recognition of other Member States' laws, as is
the case with the E-Commerce and Copyright Directives. In other cases,
this intervention is full harmonization which pre-empts further national
law-making, as is the case with the proposed Connected Continent
Regulation or the Unfair Commercial Practices Directive.
The reality of a separate EU body of laws (irrespective of whether we
call it Internet, E-Commerce or IT law) applying to the Internet world
has at least two significant consequences. The first ...