Strategic litigation

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Strategic litigation or strategic litigation is a legal tool that is mainly used by civil or human rights organizations to bring about major changes. In some cases, strategic litigation also aims to change a law or point out injustice. Such a complaint can be useful even if the complaint is dismissed because it can generate a lot of media coverage. However, such a procedure is also expensive and ties up a lot of resources. If the action is rejected, additional costs may arise. Furthermore, if the case is lost, the reputation of the organization leading the lawsuit can suffer. The most recently known strategic litigation was the successful lawsuit brought by Max Schrems against Facebook , which declared the Safe Harbor Agreement null and void.

The strategic action guide (Engl. Strategic litigation ) has been used for decades in Anglo-American jurisdictions by many civil rights and human rights organizations to the standards set by them goals to enforce. In the German-speaking and legal area, the term strategic litigation is becoming increasingly important, at the latest through the strategy that Maximilian Schrems uses. In the meantime, for example, the Society for Freedom Rights uses the means of strategic litigation in order to secure the fundamental rights and opinion anchored in the Basic Law.

Individual evidence

  1. ↑ Vera Egenberger: The General Equal Treatment Act and its potentials: Strategic lawsuits. In: rav.de. Republican Lawyers Association (RAV), accessed on October 15, 2015 .
  2. ↑ Dr. Stefan Prystawik: What is strategic litigation? - An introduction and current US case study. (pdf) In: Journal for Labor and Anti-Discrimination Law. Research Center for Labor and Anti-Discrimination Law at the North Hesse University of Applied Sciences, p. 18 , accessed on October 15, 2015 .
  3. ↑ Ben Schokman, Daniel Creasey, Patrick Mohen: SHORT GUIDE - STRATEGIC LITIGATION AND ITS ROLE IN PROMOTING AND PROTECTING HUMAN RIGHTS. (pdf) (No longer available online.) July 2012, p. 3 , archived from the original on March 4, 2016 ; accessed on October 15, 2015 .
  4. ^ A b Wolfgang Kaleck: Facebook: David's weapons against injustice. The verdict against Facebook shows: Intelligently used legal initiatives can set politics in motion. In: Zeit Online. Zeit Online GmbH, October 15, 2015, accessed on October 15, 2015 .
  5. ↑ Our strategy: Better justice through better lawsuits. Gesellschaft für Freiheitsrechte eV, accessed on February 27, 2018 .