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6068 results in European government, politics and policy

Page 90 of 304

  • 6 - From Strategic to Consolidating Litigation

  • from Part II
  • Moritz Baumgärtel, Universiteit Utrecht, The Netherlands
  • Book:
    Demanding Rights
    Published online:
    03 May 2019
    Print publication:
    09 May 2019, pp 121-136

  • Summary

    This chapter focuses on migrant rights defenders in the context of migrant rights litigation, addressing the question of whether strategic actions in Europe can be optimised against the background of the demanding character of migration rights. Offering a broad review of the literature, it firstl defines some of the characteristics and constraints inherent in strategic litigation. Based on these parameters, it then explores the issue of case selection, using insights from the first part of the book to illustrate how cases arise in practice and how such modalities entail sometimes positive, sometimes negative consequences for migrants and their defenders. Another important aspect dealt with in this chapter is consolidating actions to be taken both at the national and the European levels, their objective being the optimal ‘exploitation’ of existing case law. Finally, the attention turns to tactics that actively ‘set the stage’ of litigation to enhance the judicial and that could reinforce the reputational capital of the European courts.

  • 2 - Expanding the Rights to Stay?

  • from Part I
  • Moritz Baumgärtel, Universiteit Utrecht, The Netherlands
  • Book:
    Demanding Rights
    Published online:
    03 May 2019
    Print publication:
    09 May 2019, pp 13-45

  • Summary

    This chapter analyzes whether the European courts have been able to ensure the protection of vulnerable migrants who struggle to legitimate their claim to residency, a crucial precondition for accessing a whole range of other rights. The focus is on four high-profile rulings by the CJEU. The first case, Elgafaji, dealing with claims of persons originating from countries characterised by high degrees of generalised violence, reveals how the Court’s approach, if not fully committal, can lead to confusing and therefore suboptimal outcomes from the perspective of migrant rights. The protection from persecution on the grounds of sexual orientation is the subject of two closely interrelated rulings in X, Y & Z and A, B & C. Taken together, these provide some indication of how the decisions of the European courts can have a practical impact: namely, in buttressing and even accelerating progress in contexts where practices are already changing. The last part deals with a somewhat different claim based on family ties, focusing on the contentious Zambrano case. Here, the CJEU used subsequent rulings to actively backpedal when it presumably went too far for EU Member States.

Page 90 of 304