CEU Electronic Theses and Dissertations, 2018
| Author | Caglidil, Muhip Ege |
|---|---|
| Title | When NGOs Turn to strategic litigation:European Supranational Courts as venues to influence EU Asylum Policy and The Dublin Regulations |
| Summary | In the European Union, there is an increasing scholarly interest in legal mobilization as more NGOs rely upon strategic litigation before the European courts as a political tool to seek national and transnational influence. This thesis is inspired by the socio-legal literature, a growing body of cross-disciplinary studies focusing on the legal-mobilization of interest groups, and raises the question of why NGOs turn to courts and under which conditions legal mobilization is likely to take place as a political strategy to seek political and legal influence. Most of the studies of strategic litigation have focused on the compliance aspect of litigation and extensively relied on structural (macro) level explanations for scrutinizes strategic litigation. This thesis takes a different approach for explaining strategic litigation by introducing the lens of ‘prior effective experience with the European court system’ as an explanatory variable. Using a combination of quantitative and qualitative research, this thesis attempts to understand the relationship between prior legal action experience with European court system and the choice of strategic litigation before the European supranational court system. Furthermore, it focuses on European NGO’s legal mobilization battle at the European Court of Human Rights and European Court of Justice for transformation of European Asylum policy and The Dublin Regulations. This thesis suggests two significant empirical observations (1) There is a significant relationship between the organizations' prior legal experience with European supranational court system and choice of strategic litigation for seeking influence on European Asylum policy. (2) European Courts expanding interest in Asylum field boosts NGOs choice of strategic litigation for seeking influence on European Asylum policy which in return also expands European courts’ power on the policy area. |
| Supervisor | Granger, Marie-Pierre F. |
| Department | International Relations MA |
| Full text | https://www.etd.ceu.edu/2018/caglidil_muhip.pdf |
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