The workshop is organized by Pola Cebulak, Marta Morvillo and Stefan Salomon. Institutionally, it is co-hosted by the Vrije Universiteit Amsterdam and the University of Amsterdam.
It is funded by the JUDILL Jean Monnet Chair “Judges vs Illiberalism: Legal Mobilization for the Rule of Law” and the Amsterdam School for Regional and Transnational and European Studies.
The workshop focuses on strategic litigation in European Union (EU) law. Strategic litigation is a judicial procedure initiated with the purpose of triggering broader social, political, or economic changes. Strategic litigation can be initiated by a multiplicity of actors (from NGOs, to corporations, to individuals) and pursue a variety of goals (progressive or conservative).
The pertinent question then is: who does strategic litigation empower?
This workshop brings together scholars and practitioners to discuss strategic litigation in EU law. How do the features of the EU legal order affect the practice of strategic litigation? Which factors influence actors' choice to pursue strategic litigation as opposed to other forms of activism? And is the Court of Justice of the EU a particularly attractive venue to pursue strategic litigation compared to other courts and bodies? Speakers will focus on litigation in the fields of environment, mobility (citizenship and migration), and data protection.
The papers presented at the workshop are part of a special issue project, to be submitted to the German Law Journal.
Engaged participants are welcome and are required to register beforehand by email to p.cebulak@vu.nl
More information about the workshop
Workshop Programme
Strategic litigation in EU law
Thursday, 21 March
08:00-09:00 Breakfast at Commandantswoning
9:00-09:30 Introduction: ‘Strategic litigation in EU law: Who does it empower?’
Pola Cebulak, Marta Morvillo, Stefan Salomon
09.30-11:00 Panel 1 - Pre-litigation: The framing of a case by the actors I
Alberto Alemanno, ‘Beyond EU law heroes: How to Unleash Legal Mobilisation in Europe’ (discussant: Stefan Salomon)
Geert van Calster & Sofie Fleerackers, ‘Lobbying and litigation for policy change – towards a ‘multi-venue’ approach to interest representation’ (discussant: Reilly Willis)
Adam Ploszka and Adam Bodnar, ‘Strategic Litigation in Times of Populism: Poland's Experience’ (discussant: Pola Cebulak)
11:00-11.30 Coffee break
11.30-13:00 Panel 2 - Pre-litigation: The framing of a case by the actors II
Justin Borg-Barthet and Francesca Farrington (online), ‘The EU's Anti-SLAPP Directive: A Partial Victory for the Rule of Law in Europe’ (discussant: Virginia Passalacqua)
Dion Kramer (online), ‘Legal Mobilisation for the Rights of Homeless EU Citizens in the Netherlands’ (discussant: Marta Morvillo)
Francesca Palmiotto and Derya Ozkul, ‘Contesting Automated Systems in Public Decision Making’ (discussant: Swee Leng Harris)
13:00-14:00 Lunch Break
14:00-16:00 Panel 3 - Litigation: The institutional procedures and strategies I
Mario Pagano, ‘Is Aarhus enough? Environmental NGOs and the new Aarhus Regulation’ (discussant: Sofie Fleerackers)
Virginia Passalacqua, ‘Silent Justice. Exploring the lack of EU litigation for migrant rights in Greece’(discussant: Adam Ploszka)
Clemens Kaupa, ‘Carbon neutrality as an issue of consumer law’ (discussant: Christina Eckes)
Swee Leng Harris, ‘Fragmented public enforcement, potential civil society legal mobilisation: The need for private enforcement of digital rights in the public interest’ (discussant: Francesca Palmiotto)
16.30-17.30 Tour of the Marineterrein by Gebouwenguids
19:00 Workshop dinner for participants at Pension Homeland
Friday, 22 March
08.00-09.00 Breakfast at Commandantswoning
9:00-10:30 Panel 4 - Litigation: The institutional procedures and strategies II
Catherine Forget, ‘A challenge to mass surveillance through strategic litigation: litigating the Passenger Name Records case (Ligue des droits humains) in front of the CJEU’ (discussant: Marta Morvillo)
Alexis Fitzjean Ó Cobhthaigh, ‘Challenging domestic national surveillance legislation before the Court of Justice: La Quadrature du Net and Others’ (discussant: Stefan Salomon)
Elli Kriona, ‘Challenging the crackdown on migration NGOs in Greece: contesting the discriminatory framework for the registration of migration NGOs and their members before the Council of State’ (discussant: Pola Cebulak)
10:30-11:00 Coffee break
11:00-12:30 Panel 5 - Post-litigation: The implementation of a judgement
Reilly Anne Willis Dempsey, ‘Environmental Justice, Strategic Litigation, and the CJEU: An exploration of voice, representation, public debate, and the role of NGOs’ (discussant: Mario Pagano)
Stefan Salomon, ‘Enforcing mobility rights in EU law: private and public enforcement of decisions of the Court of Justice’ (discussant: Alberto Alemanno)
Christina Eckes, ‘Implementing Net Zero: the new battle ground of strategic climate litigation’ (discussant: Clemens Kaupa)
12:30-13:00 Closing remarks: Pola Cebulak, Marta Morvillo, Stefan Salomon
13:00-14:00 Lunch and farewell