STRATEGIC LITIGATION eljka Leljak Gracin legal advisor Zelena

STRATEGIC LITIGATION Željka Leljak Gracin, legal advisor Zelena Akcija/Fo. E Croatia

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

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

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

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

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

STRATEGIC LITIGATION Practical considerations: 1. Resources to fund case 2. Good expert are available 1. A sympathetic complainant can be found

STRATEGIC LITIGATION Who is involved? 1. Court 2. Defendant 3. Plaintiff n civil society groups n legal adviser n experts and amicus curiae

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

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

STRATEGIC LITIGATION Examples: n n n Incinerator Location permit Destruction permit EIA Drava Law on golf courses

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

STRATEGIC LITIGATION Thank you for your attention!

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