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Legal Mobilization Under Democratic Crisis (Part 1)

Civil Society
Democratisation
Courts
Comparative Perspective
Judicialisation
P232
Angelina Atanasova
KU Leuven
Marie-Pierre Granger
Central European University
Silje Synnøve Lyder Hermansen
University of Copenhagen

Abstract

Legal mobilization has been deployed in various ways as a tool to address inequalities, broaden the array of rights, or create policies, among others. Nevertheless, the well-researched conditions for legal mobilization, such as existing political and legal opportunity structures, and even civil society resources, change when a state experiences democratic backsliding. This panel invites papers that explore whether and how civic actors mobilize law in conditions when the domestic political avenues are closing and the judiciary is (partially) captured. It seeks to broaden the understanding of what prerequisites and resources are required by civil society actors to engage in legal mobilization under such circumstances, and their implications for the outcome of legal mobilization strategies. This panel calls for contributions not only from states in Central and Eastern Europe, where tendencies towards democratic backsliding has been observed over the past decade, but also on countries such as Russia, Turkey, Ukraine, among others, where civic actors have been repeatedly turning to the European Court of Human Rights, especially with regard to fundamental rights violations. Furthermore, based on the panel contributions, potential comparisons could be drawn on the nature of civic actors who dare to mobilize law (national, international, activists, etc.), under what conditions they operate and the venues to which they turn, as well as the potential impacts which they expect and experience as a result of judicial interventions.

Title Details
Litigation in the European Court of Justice: Lawyers' influence on supranational decision-making View Paper Details
Litigating fundamental rights violations at supranational courts in Europe: The role of civil society Bulgaria and Hungary View Paper Details
Does democratic backsliding motivate or limit legal mobilisation? A case study of movements and interests groups’ (non-)engagement with legal activism in Hungary and Poland View Paper Details