Legal Mobilization and the Judicial Construction of EU Migration Law
Dates:
- Mon 17 Feb 2020 10.30 - 12.30
Add to Calendar
2020-02-17 10:30
2020-02-17 12:30
Europe/Paris
Legal Mobilization and the Judicial Construction of EU Migration Law
Legal mobilization is a peculiar type of mobilization: it does not bring people to the
streets and does not use banners and slogans. Instead, it quietly uses the law and courts
to press for social change. While most of the studies on legal mobilization focus on the
United States or on the European Court of Human Rights, this thesis brings attention
on the underexplored but yet important question of legal mobilization before the Court
of Justice of the European Union. In particular, this research asks whether the
preliminary reference mechanism (267 TFEU) can be used as a tool for enhancing
migrants’ participation and protection. To do so, the thesis departs from the classic
court-centric approach and conducts a law and society analysis of three case studies
(Italy, the UK and the Netherlands). By interviewing the individuals involved in the
preliminary reference proceedings on migrants’ rights, and by analysing press
documents and political statements, I collected fine-grained qualitative data that
allowed me to uncover the legal mobilization stories behind the litigations. Finally,
analysing together the three case studies, the last chapter identifies the conditions under
which a legal mobilization emerges and reaches the Court of Justice. These conditions
lay bare the fact that supranational legal mobilization is not a ‘cheap’ strategy: it is
generally a rather long process, that requires material and non-material resources, and
the outcome of which is difficult to predict. The findings of this thesis offer an
innovative understanding of the preliminary reference mechanism and of its potential
to create social change. Although in some instances the Court of Justice has not been
responsive to the civil society’s calls, in other cases litigation has led to the redefinition
and expansion of migrants’ rights, and arguably it represents an important tool to
scrutinize the executive’s activity and give voice to minorities’ interests.
Sala dei Levrieri - Villa Salviati- Castle
DD/MM/YYYY
Sala dei Levrieri - Villa Salviati- Castle
Legal mobilization is a peculiar type of mobilization: it does not bring people to the
streets and does not use banners and slogans. Instead, it quietly uses the law and courts
to press for social change. While most of the studies on legal mobilization focus on the
United States or on the European Court of Human Rights, this thesis brings attention
on the underexplored but yet important question of legal mobilization before the Court
of Justice of the European Union. In particular, this research asks whether the
preliminary reference mechanism (267 TFEU) can be used as a tool for enhancing
migrants’ participation and protection. To do so, the thesis departs from the classic
court-centric approach and conducts a law and society analysis of three case studies
(Italy, the UK and the Netherlands). By interviewing the individuals involved in the
preliminary reference proceedings on migrants’ rights, and by analysing press
documents and political statements, I collected fine-grained qualitative data that
allowed me to uncover the legal mobilization stories behind the litigations. Finally,
analysing together the three case studies, the last chapter identifies the conditions under
which a legal mobilization emerges and reaches the Court of Justice. These conditions
lay bare the fact that supranational legal mobilization is not a ‘cheap’ strategy: it is
generally a rather long process, that requires material and non-material resources, and
the outcome of which is difficult to predict. The findings of this thesis offer an
innovative understanding of the preliminary reference mechanism and of its potential
to create social change. Although in some instances the Court of Justice has not been
responsive to the civil society’s calls, in other cases litigation has led to the redefinition
and expansion of migrants’ rights, and arguably it represents an important tool to
scrutinize the executive’s activity and give voice to minorities’ interests.
- Location:
- Sala dei Levrieri - Villa Salviati- Castle
- Affiliation:
- Department of Law
- Type:
- Thesis defence
- Contact:
-
Helene Debuire Franchini
-
Send a mail
- Defendant:
-
Virginia Passalacqua (EUI - Law)
- Examiner:
-
Prof. Dia Anagnostou (Panteion University of Social Sciences)
-
Prof. Elise Muir (KU Leuven)
-
Prof. Claire Kilpatrick (EUI - Law Department)
- Supervisor:
-
Prof. Bruno De Witte (EUI)
Similar events