In person icon Potential and Limits of Strategic Litigation in EU Law

Abstract

Strategic litigation consists of bringing a judicial case in order to achieve broader socio-political change. It can be initiated by a multiplicity of actors (from NGOs, to corporations, to individuals) and pursue a variety of goals, both progressive and conservative. The question this panel asks is: in what ways do the structural features of the EU legal order affect the practice of strategic litigation? This panel brings together papers investigating the factors (economic, legal-procedural, political) affecting litigants’ choice to bring – or not to bring – a strategic case, the possible alternatives to strategic litigation, such as pre-litigation mechanisms, and abusive forms of strategic litigation, such as SLAPP. In so doing, we ultimately interrogate the empowering or disempowering effects strategic litigation can have on different types of actors in the specific EU context. We discuss the potentials and pitfalls of strategic litigation as a tool for advancing agendas that reach beyond the courtroom by engaging with a variety of fields, including migration, environment, whistleblowing, and SLAPP.

Title	Details
Strategic Litigation in EU Law: Who Does it Empower?	View Paper Details
Hidden in Plain Sight? Corporate Strategic Litigation in the EU Emissions Trading System	View Paper Details
The EU's Anti-SLAPP Directive: a Partial Victory for Rule of Law Advocacy in Europe	View Paper Details
Can Strategic Litigation Backfire? Challenging the Crackdown on Migration NGOs in Greece Through EU Law	View Paper Details
Moving Beyond the EU’s Court-Centric Legal Opportunity Structure	View Paper Details