A Case Study of Judicial-Legislative Interactions via the Lens of the DSA’s Host Liability Rules
(Series Information) European Papers - A Journal on Law and Integration, 2025 10(1), 259-291 | Article | (Series Information) European Papers (News of dd month yyyy) | Article | (Table of Contents) 1. Introduction. – 2. Analytical framework and methodology. – 3. Case Study: the develop-ment of inter...
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European Papers (www.europeanpapers.eu)
2025-05-01
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| author | Ronan Riordan |
| author_facet | Ronan Riordan |
| author_sort | Ronan Riordan |
| collection | DOAJ |
| description | (Series Information) European Papers - A Journal on Law and Integration, 2025 10(1), 259-291 | Article | (Series Information) European Papers (News of dd month yyyy) | Article | (Table of Contents) 1. Introduction. – 2. Analytical framework and methodology. – 3. Case Study: the develop-ment of intermediary liability for host service providers. – 3.1. Justification of case selection. – 3.2. Host liability under the ECD. – 3.3. The Court’s jurisprudence on host liability. – 3.4. Host liability under the Digital Services Act. – 4. Has the Court exercised influence? – 5. Conclusions. | (Abstract) This paper explores the relationship between the Court of Justice of the European Union and the EU Legislature. Taking intermediary liability rules for hosts under Article 14 of the e-Commerce Directive (ECD) and its subsequent revision under the Digital Services Act (DSA) as a case study, the paper explores this relationship. The analysis focuses on the distinction between ‘active’ and ‘neutral’ roles for hosts developed by the Court of Justice in its case law. The paper shows how the Court’s rulings shaped the application of host liability rules under the ECD, subsequently impacted their revision during the DSA negotiations, and how the Legislature addressed the uncertainty created by its case law on voluntary investigations via the introduction of a ‘Good Samaritan’ clause. Methodologically the paper draws on legal scholarship and political science literature, employing a mixed methods approach which combines doctrinal analysis, process tracing, and a law attainment typology to explore these dynamics. The paper concludes that while the Court’s jurisprudence was important during negotiations, it also highlights the challenges it posed as both a form of legal regulation, and by extension as a tool of integration. These issues necessitating legislative intervention. The paper’s findings lend weight to the increasing body of literature in legal scholarship which argues that there has been a shift in European integration dynamics, with positive integration playing an increasingly important role. |
| format | Article |
| id | doaj-art-e1ef08a0930a429fba02b9dd25cf6bbf |
| institution | Kabale University |
| issn | 2499-8249 |
| language | English |
| publishDate | 2025-05-01 |
| publisher | European Papers (www.europeanpapers.eu) |
| record_format | Article |
| series | European Papers |
| spelling | doaj-art-e1ef08a0930a429fba02b9dd25cf6bbf2025-08-20T03:30:44ZengEuropean Papers (www.europeanpapers.eu)European Papers2499-82492025-05-012025 10125929110.15166/2499-8249/832A Case Study of Judicial-Legislative Interactions via the Lens of the DSA’s Host Liability RulesRonan Riordan0Maastricht University(Series Information) European Papers - A Journal on Law and Integration, 2025 10(1), 259-291 | Article | (Series Information) European Papers (News of dd month yyyy) | Article | (Table of Contents) 1. Introduction. – 2. Analytical framework and methodology. – 3. Case Study: the develop-ment of intermediary liability for host service providers. – 3.1. Justification of case selection. – 3.2. Host liability under the ECD. – 3.3. The Court’s jurisprudence on host liability. – 3.4. Host liability under the Digital Services Act. – 4. Has the Court exercised influence? – 5. Conclusions. | (Abstract) This paper explores the relationship between the Court of Justice of the European Union and the EU Legislature. Taking intermediary liability rules for hosts under Article 14 of the e-Commerce Directive (ECD) and its subsequent revision under the Digital Services Act (DSA) as a case study, the paper explores this relationship. The analysis focuses on the distinction between ‘active’ and ‘neutral’ roles for hosts developed by the Court of Justice in its case law. The paper shows how the Court’s rulings shaped the application of host liability rules under the ECD, subsequently impacted their revision during the DSA negotiations, and how the Legislature addressed the uncertainty created by its case law on voluntary investigations via the introduction of a ‘Good Samaritan’ clause. Methodologically the paper draws on legal scholarship and political science literature, employing a mixed methods approach which combines doctrinal analysis, process tracing, and a law attainment typology to explore these dynamics. The paper concludes that while the Court’s jurisprudence was important during negotiations, it also highlights the challenges it posed as both a form of legal regulation, and by extension as a tool of integration. These issues necessitating legislative intervention. The paper’s findings lend weight to the increasing body of literature in legal scholarship which argues that there has been a shift in European integration dynamics, with positive integration playing an increasingly important role.https://www.europeanpapers.eu/e-journal/a-case-study-judicial-legislative-interactions-via-lens-dsa-host-liability-rulescourt of justiceeu legislaturehost liabilitydigital services actjudicial-legislative interactionseuropean integration dynamics |
| spellingShingle | Ronan Riordan A Case Study of Judicial-Legislative Interactions via the Lens of the DSA’s Host Liability Rules European Papers court of justice eu legislature host liability digital services act judicial-legislative interactions european integration dynamics |
| title | A Case Study of Judicial-Legislative Interactions via the Lens of the DSA’s Host Liability Rules |
| title_full | A Case Study of Judicial-Legislative Interactions via the Lens of the DSA’s Host Liability Rules |
| title_fullStr | A Case Study of Judicial-Legislative Interactions via the Lens of the DSA’s Host Liability Rules |
| title_full_unstemmed | A Case Study of Judicial-Legislative Interactions via the Lens of the DSA’s Host Liability Rules |
| title_short | A Case Study of Judicial-Legislative Interactions via the Lens of the DSA’s Host Liability Rules |
| title_sort | case study of judicial legislative interactions via the lens of the dsa s host liability rules |
| topic | court of justice eu legislature host liability digital services act judicial-legislative interactions european integration dynamics |
| url | https://www.europeanpapers.eu/e-journal/a-case-study-judicial-legislative-interactions-via-lens-dsa-host-liability-rules |
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