Legal mobilization for migrant rights : opportunities and barriers at the European Court of Justice /
Combining empirical and doctrinal methods, Legal Mobilization for Migrant Rights uses migration as a central case study to show that, under certain conditions, EU litigation can be used to defend powerless groups.
| Main Author: | |
|---|---|
| Format: | eBook |
| Language: | English |
| Published: |
Oxford ; New York, NY :
Oxford University Press,
[2025]
|
| Series: | Oxford studies in European law.
|
| Subjects: | |
| Online Access: | Connect to the full text of this electronic book |
| Summary: | Combining empirical and doctrinal methods, Legal Mobilization for Migrant Rights uses migration as a central case study to show that, under certain conditions, EU litigation can be used to defend powerless groups. |
|---|---|
| Abstract: | "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 book compares three countries where EU migration law was mobilized before the European Court of Justice (Italy, the United Kingdom, 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"-- Oxford Academic. |
| Physical Description: | 1 online resource : illustrations (some color). |
| Audience: | Specialized. |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 9780198943006 0198943008 0198942990 9780198942986 0198942982 9780198942993 |