Strategic litigation stands for the resolution of socially significant cases through judicial or extrajudicial proceedings. This can be done in civil, criminal as well as administrative cases. The aim of strategic litigation is always to influence the quality of law and of its implementation through individual and carefully selected cases. It is one of the advocacy methods.
How does the Centre choose the cases?
- The case is related to the thematic objectives of the Centre’s activity
- The case explains an existing regulation or case-law;
- Relates to a legal loophole or contradiction;
- Amends an existing regulation or case-law;
- Relates to systematic failure to implement the law and/or
- Raises awareness on the law.
- Working on a specific case is not in contradiction with other strategic objectives of the Centre or the strategy for reaching these objectives.
- The case has other significant characteristics
- The case has prospects of success
- Financial means are guaranteed or can be guaranteed for the case
- A competent lawyer is involved in the proceedings
Where do the cases come from?
- The person has turned to the Centre – filling in a notification form of the unequal treatment (currently only in Estonian), or has contacted the Centre by phone or mail
- We turn to the person if the case has caught the attention of lawyers (through another organization or media)
- We turn directly to the community to find appropriate cases
Who deals with the cases in the Centre? – Get acquainted with the team of lawyers.
The strategic litigation activity was developed as a result of a project, which was supported by the EEA Funds through the NGO Fund of the Open Estonia Foundation. Detailed information on the project can be found on the webpage dedicated to the project.
In 2015, strategic litigation is supported by the Gambling Tax Council through the Ministry of Social Affairs.