Strategic litigation before the European Courts

Strategic litigation involves the continuation of politics before the courts by elements of civil society. Our European Courts appear reluctant to be drawn into areas of political controversy. The CJEU’s strict rules on standing discourage strategic litigation. Luxembourg’s restrictive approach occasions much expression of frustration (and disbelief) from NGOs that the doors of this court be closed to so many, who are thereby deprived of their fundamental right to an effective remedy. Less complaint is made of the ECtHR “victim test”, but that is primarily because NGOs can readily appear in their own right before the Strasbourg Court as interveners. © 2016, ERA.