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Strategic litigation is a judicial procedure initiated in an individual case with the purpose of triggering broader socio-political change. It is a form of legal mobilization and a way to exert influence over policies.
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.
Researchers
Marta Morvillo
Stefan Salomon
Affiliated researchers
Pola Cebulak (VU Amsterdam)
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