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Mobilizing European law

Conant, L; Hofmann, A; Soennecken, D; Vanhala, L; (2018) Mobilizing European law. Journal of European Public Policy , 25 (9) pp. 1376-1389. 10.1080/13501763.2017.1329846. Green open access

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The literature on European legal mobilization asks why individuals, groups and companies go to court and explores the impact of litigation on policy, institutions and the balance of power among actors. Surveying the literature we find that legal mobilization efforts vary across policy areas and jurisdictions. This article introduces a three-level theoretical framework that organizes research on the causes of these variations: macro-level systemic factors that originate in Europe; meso-level factors that vary nationally; and micro-level factors that characterize the actors engaged in (or disengaged from) litigation. We argue that until we understand more about how and why different parties mobilize law, it is difficult to respond to normative questions about whether European legal mobilization is a positive or negative development for democracy and rights.

Type: Article
Title: Mobilizing European law
Open access status: An open access version is available from UCL Discovery
DOI: 10.1080/13501763.2017.1329846
Publisher version: http://dx.doi.org/10.1080/13501763.2017.1329846
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: European convention on human rights, European Union, law and politics, legal mobilization
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/1560912
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