Rights and Courts in Pursuit of Social Change: Legal Mobilisation in the Multi-Level European System

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Copyright
Acknowledgments
Contents
List of Contributors
1. Law and Rights’ Claiming on behalf of Minorities in the Multi-level European System
	I. RIGHTS, COURTS AND JUDICIAL REVIEW: THE EUROPEAN CONTEXT
	II. MOBILISING LAW AND RIGHTS IN THE MULTI-LEVEL EUROPEAN SYSTEM: ANALYTICAL AND SCHOLARLY PERSPECTIVES
	III. PURPOSE AND OVERVIEW OF THE VOLUME
Part I: Law, Rights and the Politics of Minorities in National Context
	2. Linguistic Minorities in Western Europe: Expansion of Rights Without (Much) Litigation?
		I. THE OVERALL EVOLUTION AT THE NATIONAL LEVEL: INCREASED LEGAL RECOGNITION AND PROTECTION OF LINGUISTIC DIVERSITY
		II. THE EUROPEANISATION OF LANGUAGE RIGHTS: THE COUNCIL OF EUROPE CONVENTIONS
		III. ITALY
		IV. FRANCE
		V. BELGIUM
		VI. UNITED KINGDOM
		VII. SWITZERLAND
		VIII. CONCLUSION: NATIONAL VARIATIONS ON A COMMON THEME OF ‘RIGHTS WITHOUT LITIGATION’
	3. Legal Mobilisation at the Subnational Level: The Case of Language Rights in the Spanish Autonomous Community of Navarre
		I. THE LEGAL FRAMEWORK
			A. The Constitutional Level: the Spanish Linguistic Model
			B. The Subnational Level: From Official Status to the Linguistic Zoning Approach
			C. The International Framework: the European Charter for Regional or Minority Languages
		II. MINORITY LANGUAGE LEGAL MOBILISATION IN NAVARRE: AN OVERVIEW
			A. Targets and Grievances
			B. Litigation
			C. Europeanisation of Language Rights
		III. THE IMPACT OF MINORITY LANGUAGE LEGAL MOBILISATION IN NAVARRE
			A. Legal Mobilisation and Courts
			B. Legal Mobilisation and Politics
		IV. CONCLUSION
	4. Rights on the Left? Social Movements, Law and Lawyers after 1968 in France
		I. THE POLITICISATION OF LAW IN THE LATE 1960S
		II. INNOVATIVE PRACTICES AND LEGAL MOBILISATION
			A. New Forms of Collective Action Among Lawyers
			B. Unions in the Legal Field
			C. Transformation of Lawyering
		III. HELPING IMMIGRANTS WITH LAW: THE CASE OF THE GISTI
			A. Birth of the GISTI
			B. Between Political Radicalism and Legal Technique: the Use of Law
			C. The Use of Litigation: Between Legal Struggle and Recognition of Legal Competence
		IV. CONCLUSION
Part II: European Courts as Arenas for Legal Mobilisation
	5. A Tool-box for Legal and Political Mobilisation in European Equality Law
		I. ENFORCEMENT OF EU EQUALITY LAW BY PRIVATE PARTIES
			A. Private Parties v EU Institutions
			B. Private Parties v Member States
			C. Private Parties v Private Parties
		II. THE ENFORCEMENT OF EU EQUALITY LAW BY INSTITUTIONS
			A. Institutions v EU Institutions
			B. Institutions v Member States
		III. THE ENFORCEMENT OF EU EQUALITY LAW BY ‘COLLECTIVE ACTORS’
			A. Collective Actors v EU Institutions
			B. Collective Actors v Member States or Private Parties
			C. Equality Bodies and the Court of Justice of the European Union: the Belov Case
		IV. CONCLUSION
	6. European Courts and the Rights of Migrants and Asylum Seekers in Greece
		I. EVOLVING PATTERNS OF LITIGATION IN THE ECTHR
		II. THE MSS CASE AND THE CHALLENGE TO THE DUBLIN REGULATION
		III. THE MOBILISATION OF EU FUNDAMENTAL RIGHTS
		IV. CONCLUSION
Part III: The Role of NGOs and Transnational Human Rights Networks
	7. From Belfast to Diyarbakir and Grozny via Strasbourg: Transnational Legal Mobilisation Against State Violations in Contexts of Armed Conflict
		I. A SOCIO-LEGAL PERSPECTIVE ON THE CONSTRUCTION OF EUROPEAN HUMAN RIGHTS LAW
		II. ALLEGED VIOLATIONS UNDER A STATE OF EMERGENCY IN NORTHERN IRELAND, 1970S–1980S
		III. TRANSNATIONALISING THE STRUGGLE: HUMAN RIGHTS LAW JOINS FORCES WITH ACTIVISM
		IV. CONCLUSION
	8. Activists and Lawyers in the ECtHR: The Struggle for Gay Rights
		I. THE ECHR AND RIGHTS MOBILISATION
		II. MOBILISING FOR GAY RIGHTS BEFORE THE ECTHR
			A. Privacy Rights: Out of the Closet and into the Court
			B. Professionalising Dissent: Stonewall and the ECtHR
			C. ILGA-Europe: A Transnational Network is Established
		III. NGOS AS LEGAL AND SOCIAL CHANGE ACTORS
			A. A Lack of Democratic Accountability?
			B. A Lack of Accountability to Applicants?
			C. The Ineffectiveness of NGO Litigation?
		IV. CONCLUDING OBSERVATIONS
	9. Law and Rights as Opportunity and Promise for Minorities in Europe? Concluding Observations and Research Agendas
		I. LEGAL OPPORTUNITIES AND JUDICIAL ARENAS BETWEEN THE NATIONAL AND EUROPEAN LEVELS
		II. PURSUING RIGHTS MOBILISATION: DO ISSUES AND NATURE OF MINORITY GROUP MATTER?
		III. CAUSE LAWYERS, NGOS AND TRANSNATIONAL NETWORKS
		IV. DO LEGAL MOBILISATION AND COURT DECISIONS PROMOTE SOCIAL REFORM AND JUSTICE?
Bibliography
Index