All that glitters is not gold? Civil society organisations and the (non‐)mobilisation of European Union Law

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Abstract

Increasingly, collective actors in Europe, such as in the Netherlands and Italy, turn to litigation as the preferred strategy to attain their goals. Both at the national level and at the European level, civil society organisations (CSOs) are active in high-profile cases, for example, in the field of asylum law. These CSOs operate in a different national political and legal system but do have similar European-level opportunities. However, the extent to which European Union (EU) law is mobilised differs per CSO. This begs the following key question: Why do some CSOs mobilise EU law more frequently than others? Using empirical data, this article attempts to uncover what factors are relevant for four CSOs from Italy and the Netherlands whether to mobilise EU law or not. Most importantly, the article concludes that the framing of EU legal opportunities by the CSOs is considered to be relevant in (non-)mobilisation of EU law.

Original languageEnglish
Pages (from-to)525-545
Number of pages21
JournalJCMS: Journal of Common Market Studies
Volume62
Issue number2
DOIs
Publication statusPublished - Mar 2024
Externally publishedYes

Keywords

  • EU law
  • asylum law
  • civil society organisation
  • legal mobilisation
  • strategic litigation

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