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

2. STRATEGIC LITIGATION What is it? What is it? Objectives Objectives Tactics Tactics When to bring a Strategic Litigation case? When to bring a Strategic Litigation case? Limitations Limitations Examples 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 raise awarness To educate public To educate public To build coalitions To build coalitions To initiate public discussion To initiate public discussion To pressure social and legislative change To pressure social and legislative change To empower marginalized groups To empower marginalized groups

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

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

8. STRATEGIC LITIGATION Who is involved? 1. Court 2. Defendant 3. Plaintiff civil society groups civil society groups legal adviser legal adviser experts and amicus curiae 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 Incinerator Location permit Location permit Destruction permit Destruction permit EIA Drava EIA Drava Law on golf courses Law on golf courses

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