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STRATEGIC LITIGATION

STRATEGIC LITIGATION. Željka Leljak Gracin, legal advisor Zelena Akcija/FoE Croatia. STRATEGIC LITIGATION. What is it? Objectives Tactics When to bring a Strategic Litigation case? Limitations Examples. STRATEGIC LITIGATION. What is it?

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STRATEGIC LITIGATION

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  1. STRATEGIC LITIGATION Željka Leljak Gracin, legal advisor Zelena Akcija/FoE Croatia

  2. STRATEGIC LITIGATION • What is it? • Objectives • Tactics • When to bring a Strategic Litigation case? • Limitations • Examples

  3. STRATEGIC LITIGATION What is it? Strategy which uses justice sector to achieve legal and social change through test cases

  4. STRATEGIC LITIGATION Objectives: • To change laws or policies that violate constitutional rights • To ensure proper interpretation and enforcement of laws • To identify gaps in laws

  5. STRATEGIC LITIGATION Other objectives: • To raise awarness • To educate public • To build coalitions • To initiate public discussion • To pressure social and legislative change • To empower marginalized groups

  6. STRATEGIC LITIGATION Tactics: • Comprehensive advocacy strategy • Develop legal support • Anticipate a longer struggle beyond one court decision • Educate the Court • Consider safety of complainants • Follow-up strategy

  7. STRATEGIC LITIGATION Practical considerations: • Resources to fund case • Good expert are available • A sympathetic complainant can be found

  8. STRATEGIC LITIGATION Who is involved? • Court • Defendant • Plaintiff • civil society groups • legal adviser • experts and amicus curiae

  9. STRATEGIC LITIGATION When to bring a case? • Legal issue which relates to a broader social problem • Decision will have broad effect • Issue can be easilly understood by public and media • Other methods are not possible

  10. STRATEGIC LITIGATION Limitations: Problem of standing Costs Duration of court procedure Difficulties of implementation Court-ordered change vs political agreement

  11. STRATEGIC LITIGATION Examples: • Incinerator • Location permit • Destruction permit • EIA Drava • Law on golf courses

  12. STRATEGIC LITIGATION Outcomes of Strategic Litigation case: • Develop civil society and community mobilisation • Develop democratic values and Rule of Law

  13. STRATEGIC LITIGATION Thank you for your attention!

  14. STRATEGIC LITIGATION Adress: Zelena akcija Frankopanska 1 10 000 Zagreb Tel: 385 1 4813 096 e-mail: zeljka@zelena-akcija.hr

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