Affiliation:
1. Centre for Migration Law/Department of International and European Law/Institute for Management Research Radboud University Nijmegen
Abstract
AbstractIncreasingly, collective actors in Europe, such as in the Netherlands and Italy, turn to litigation as the preferred strategy to attain their goals. Both at the national level and at the European level, civil society organisations (CSOs) are active in high‐profile cases, for example, in the field of asylum law. These CSOs operate in a different national political and legal system but do have similar European‐level opportunities. However, the extent to which European Union (EU) law is mobilised differs per CSO. This begs the following key question: Why do some CSOs mobilise EU law more frequently than others? Using empirical data, this article attempts to uncover what factors are relevant for four CSOs from Italy and the Netherlands whether to mobilise EU law or not. Most importantly, the article concludes that the framing of EU legal opportunities by the CSOs is considered to be relevant in (non‐)mobilisation of EU law.
Subject
Political Science and International Relations,Economics and Econometrics,General Business, Management and Accounting,Business and International Management
Reference62 articles.
1. Explaining Variation in the Use of European Litigation Strategies
2. ARCI. (2016)Guida Arci 2016. Available at:https://issuu.com/arcinazionale/docs/guida_arci_2016[Accessed 20 March 2023].
3. ASGI. (2021a)#DefundFrontex: For a State‐Funded Civil Sea Rescue Program. Available at:https://en.asgi.it/defund‐frontex‐campaign/[Accessed 20 March 2023].
4. ASGI. (2021b)Tribunale Ordinario di Torino n. 23 165/2020 RG. Available at:https://www.asgi.it/wp‐content/uploads/2021/10/2021_23165_Tribunale_Torino__Dublino_‐Bulgaria.pdf[Accessed 20 March 2023]