Can AGCOM Deal With Copyright?
The biggest concern of the regulation regards whether an administrative authority like AGCOM is actually vested with the power to issue a regulation in this field and, in general, to enforce copyright.
Most scholars and commentators maintain that neither Italian law nor EU law have ever granted AGCOM such powers.
That makes the Italian solution much more dubious than the French one: HADOPI is exercising its functions on the basis of a precise national law (i.e., the Hadopi Law, although that law, before its revision, was considered partially contrary to the French Constitution), while AGCOM’s activities, according to the majority of scholars, have no legal basis at all.
