The ‘Strategy’ in Strategic Litigation

This book gives insight into why and how Civil Society Organizations (CSO) pursue strategic litigation in the fi eld of asylum law in Europe. Increasingly, CSOs turn to the courts to create change beyond the individual. They use judicial procedures to create social, political and/or legal impact. This is very pertinent in the field of asylum law, where refugees and asylum seekers lack access to justice. CSOs, therefore, step in. But why and how do they do so?

In this book, several case studies have been carried out through a qualitative, empirical research design in order to give insight into the ‘black box’ of strategic litigation procedures and decision-making by CSOs in such procedures. By relying upon literature from political science and socio-legal research on legal mobilization, as well as literature from the United States on public interest litigation, a range of factors are identifi ed as possibly relevant. With this framework in mind, the research addresses questions such as: why do CSOs use litigation? What courts do they go to? How are CSOs involved in proceedings?

Six CSOs, spread out across three jurisdictions (the Netherlands, Italy, and Germany), have been inquired about these questions. The_answers reveal important information on the political, legal and organizational context in which strategic litigation to protect the rights of asylum seekers and refugees is carried out. The law, political perceptions, resources, all these factors infl uence the approach of CSOs in strategic litigation in the fi eld of asylum law in Europe. This book provides an important contribution to discussions on the interaction between law and politics.