The ‘strategy’ in strategic litigation: the why and how of strategic litigation by civil society organizations in the field of asylum law in Europe

My research conducts a deeper inquiry into the approach of NGOs in strategic litigation in the field of asylum law in Europe. Relatively little is known about the approach of NGOs in strategic litigation and the factors that influence this approach. At the same time, the practice of using litigation in this field in Europe by NGOs has grown over the past years, coinciding with the Europeanization of refugee (and asylum) law. Simply put, in strategic litigation, use is made of litigation as a tool to create change that goes beyond the individual case and/or the individual interest. NGOs may attempt to use strategic litigation in the field of asylum so as to fill a ‘lacuna’ of access to justice for asylum seekers and refugees. The current literature on this topic mainly focuses on strategy choice (legal mobilization literature) and/or on the impact of strategic litigation. The approach of NGOs in a strategic litigation process, however, is rarely addressed, even though aspects of this approach and the factors influencing the approach could prove relevant to the academic debate. Therefore, this research delves into the question: How can the approach of NGOs in strategic litigation in the field of asylum law in Europe be explained?