Paper: About the imprisonment conditions in Buenos Aires Province
From December 2021 – June 2022, the team of the Vici project ‘Affordable Access to Justice’ at Erasmus School of Law organizes an online seminar series dedicated to Trends and Challenges in Costs and Funding of Civil Justice.
The series kicked off on 15 December 2021, with a general session that addressed several topics of access to justice and costs and funding, including collective redress and costs reforms, and a Law & Economics perspective.
The other seminars will zoom in on topics such as legal mobilization in Europe, the impact of Public Interest Litigation on access to justice, third party funding (TPF) in Europe, austerity policies in southern Europe and funding and costs of ADR in civil justice.
You can register for (one or more of) the seminars here.
19 January 2022, 15-17 CET
This second seminar in the series will discuss recent scholarship on legal mobilization at the Pan-European level in the context of EU Migration Law, EU Data Protection Law, and European Human Rights Law.
Lisa Harms (University of Münster) - Human rights advocacy and the transnational regulation of religion: The case of Muslim legal mobilization
Lisa Harms will focus on the case of Muslim legal mobilization at the ECtHR and present quantitative data collected regarding the legal mobilization of religious groups at the ECtHR as well as in-depth interviews conducted with litigants and their supporters.
Virginia Passalacqua (Utrecht University) - Legal mobilization via preliminary references: the case of migrant rights
Virginia Passalacqua will discuss how the EU Court of Justice became a central venue for migrant rights defenders that increasingly rely on the preliminary reference procedure to challenge national anti-migration policies. However, legal mobilization varies greatly among Member States: some countries make multiple references and others make none. Virginia Passalacqua’s presentation will shed light on the factors that facilitate or hamper legal mobilization for migrant rights before the EU Court.
Sanja Badanjak (University of Edinburgh) - Constitutional review as an opportunity structure for legal mobilization in the EU
Sanja Badanjak will discuss how constitutional complaints offer routes through which citizens’ mobilization in defence of their rights may be realized. In the EU, this can be used to voice opposition and change EU law via the preliminary reference procedure. However, this also requires further consideration of cross-country variation in citizens’ access to constitutional litigation.
Published: October 13, 2021
On 13 October 2021, Carlota Ucin’s following paper about the imprisonment conditions in Buenos Aires was published in Revista Jurisprudencia:
Tutela judicial efectiva en litigios estructurales. A propósito de las condiciones de detención en la Provincia de Buenos Aires (Effective judicial protection in structural claims. About the imprisonment conditions in Buenos Aires Province) in: Revista Jurisprudencia Argentina, JA 2021 - IV, fasc. 3, 13/10/2021, pp 3-10.
The Argentinean Supreme Court of Justice has recently issued a new ruling in the Verbitsky case related to the imprisonment conditions. The decision, which I will refer to as Verbitsky II, tackles some relevant issues that I would like to highlight and analyze in this paper. These points are the effectiveness of the judicial protection of persons that are deprived of their liberty, the notion of procedural efficacy and the efficiency of the process in general and of habeas corpus in particular. The richness of the case allows me to rely on it to exemplify some particularities of the litigation that, raised in the Public Interest, seek to introduce structural reform of a collective situation that is considered unconstitutional or detrimental to human rights recognized in the Constitution and international conventions.