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Legal Mobilization under Neo-corporatist Governance: Environmental NGOs before the Conseil d’Etat in France, 1975–2010

Vanhala, L; (2016) Legal Mobilization under Neo-corporatist Governance: Environmental NGOs before the Conseil d’Etat in France, 1975–2010. Journal of Law and Courts , 4 (1) pp. 103-130. 10.1086/684649. Green open access

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Abstract

Existing theory suggests that under neo-corporatist governance, civil society groups are less likely to take the state to court. However, a comparative analysis of the use of legal strategies across a number of environmental nongovernmental organizations (ENGOs) in France presents a counterintuitive finding. Drawing on new data on more than 200 cases taken by these ENGOs, the analysis finds that the groups that are most incorporated in policy making are also the most active litigants against the Environment Ministry in the Conseil d’Etat. This article tests a number of theoretical explanations to account for this result. It finds that the neo-corporatization of the rules determining access to justice as well as the presence of certain agent-level characteristics helps to explain when and why groups mobilize the law.

Type: Article
Title: Legal Mobilization under Neo-corporatist Governance: Environmental NGOs before the Conseil d’Etat in France, 1975–2010
Open access status: An open access version is available from UCL Discovery
DOI: 10.1086/684649
Publisher version: http://dx.doi.org/10.1086/684649
Language: English
Additional information: Copyright © 2016 by the Law and Courts Organized Section of the American Political Science Association. All rights reserved.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS > Dept of Political Science
URI: https://discovery.ucl.ac.uk/id/eprint/1478382
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