The European Court of Justice plays a key role in the interpretation
and enforcement of EU law. Yet, we still know little about the
conditions under which cases arrive at the Court via preliminary
reference and why they are so unevenly distributed across the EU
Member States. Previous studies have shown how the legal elites played
a central role in feeding the Court with cases to increase their power
and influence. _Legal Mobilization for Migrant Rights_ tells a
different story. Focusing on the migration domain, this book shows
that EU litigation can also be used to defend powerless groups.
To explore the conditions under which EU legal mobilization for
migrants emerges, the author compares three countries where EU
migration law was mobilized before the European Court of Justice
(Italy, the UK, and the Netherlands) and one where it was not
(Greece). Combining empirical and doctrinal methods, this volume draws
on interviews with key stakeholders and an original database of 505
migration preliminary references. Rather than focusing only on courts,
_Legal Mobilization for Migrant Rights_ sheds light on the role of
lawyers, academics, and civil society in activating EU justice to
oppose restrictive national migration policies. Crucially, the book
ultimately reveals that EU legal mobilization struggles to emerge in
some contexts due to a lack of resources and limited awareness of EU
legal opportunities, which stand as significant obstacles to justice
and migrant rights enforcement.
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Opportunities and Barriers at the European Court of Justice
Produktdetaljer
ISBN
9780198942993
Publisert
2025
Utgave
1. utgave
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter