Legal Mobilization: A European Perspective

European Civil Justice Centre

Our second seminar will discuss recent scholarship on legal mobilization at the Pan-European level.

Legal Mobilization: A European PerspectiveThe second seminar will discuss recent scholarship on legal mobilization at the Pan-European level in the context of Constitutional Litigation, EU Migration Law, and European Human Rights Law.Lisa Harms (University of Münster) - Human rights advocacy and the transnational regulation of religion: The case of Muslim legal mobilizationLisa Harms will focus on the case of Muslim legal mobilization at the ECtHR and present quantitative data collected regarding the legal mobilization of religious groups at the ECtHR as well as in-depth interviews conducted with litigants and their supporters.Virginia Passalacqua (Utrecht University) - Legal mobilization via preliminary references: the case of migrant rightsVirginia Passalacqua will discuss how the EU Court of Justice became a central venue for migrant rights defenders that increasingly rely on the preliminary reference procedure to challenge national anti-migration policies. However, legal mobilization varies greatly among Member States: some countries make multiple references and others make none. Virginia Passalacqua’s presentation will shed light on the factors that facilitate or hamper legal mobilization for migrant rights before the EU Court.Sanja Badanjak (University of Edinburgh) - Constitutional review as an opportunity structure for legal mobilization in the EUSanja Badanjak will discuss how constitutional complaints offer routes through which citizens’ mobilization in defence of their rights may be realized. In the EU, this can be used to voice opposition and change EU law via the preliminary reference procedure. However, this also requires further consideration of cross-country variation in citizens’ access to constitutional litigation.PROGRAM

2.45 Connecting online (link will be made available)
3.00-3.10 Eduardo Silva de Freitas (Erasmus University Rotterdam): Welcome and introduction

3.10-3.35 Lisa Harms (University of Münster): Human rights advocacy and the transnational regulation of religion: The case of Muslim legal mobilization
3.35-4.00 Virginia Passalacqua (Utrecht University): Legal mobilization via preliminary references: the case of migrant rights
10-minute break
4.10-4.35 Sanja Badanjak (University of Edinburgh): Constitutional review as an opportunity structure for legal mobilization in the EU
4.35-4.50 – Q and A

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Legal Mobilization: A European Perspective