The Court of Justice of the European Union (CJEU) has for a long time remained off the radar of strategic litigators in Europe. In the last decade, however, the CJEU has been adjudicating more regularly on politically salient and socially divisive issues, such as environmental policies, human rights or migration. What are the potentials and pitfalls of strategic litigation using EU law? What are the factors affecting the decision to pursue strategic litigation, as opposed to other forms of activism, and to pursue strategic litigation before the CJEU specifically, as opposed to other courts and bodies? The researchers involved in the project approach these questions focusing on environmental and human rights litigation.
Marta Morvillo
Stefan Salomon
Pola Cebulak (VU Amsterdam)