When harmonisation leads to fragmentation (and potential invalidity claims): snapshots from the implementation of the new press publishers' right

Halfway down the road of its transpositions, criticisms related to the structure and scope of the new press publishers’ right are now coupled with challenges triggered by the fragmentation of Member States’ solutions. This article offers a critical assessment of the national implementations of art.15 CDSM, raising doubts on the effectiveness of the provision in achieving the Directive’s goals. Then, it uses the Italian solution to demonstrate the negative effects of the imperfect harmonisation art.15 CDSM operated, and tests its validity under EU law to draw the boundaries of Member States’ discretion in shaping the new entitlement.