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6 - From Strategic to Consolidating Litigation

from Part II

Published online by Cambridge University Press:  03 May 2019

Moritz Baumgärtel
Affiliation:
Universiteit Utrecht, The Netherlands
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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.
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Chapter
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Demanding Rights
Europe's Supranational Courts and the Dilemma of Migrant Vulnerability
, pp. 121 - 136
Publisher: Cambridge University Press
Print publication year: 2019

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