"A European Litigation Strategy: The Case of the Equal Opportunities Commission"

Barnard, Catherine. (1995) "A European Litigation Strategy: The Case of the Equal Opportunities Commission". In: UNSPECIFIED, Charleston, South Carolina. (Unpublished)

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Abstract

[From the Introduction] The use of the European Court as a weapon in a litigation armoury has received relatively little attention both from litigators and commentators. This contrasts markedly with the United States where the courts, particularly the Supreme Court, have long been an important forum for interest groups. It may be that the European Court of Justice is only gradually developing something of the policy making function possessed by the United States Supreme Court but that, as presently constituted, it is not a particularly friendly environment for interest group representation (Harlow and Rawlings, 1992 279). However, it can be said that the EOC has pioneered the use of a European litigation strategy, taking advantage of the supremacy and direct effect of Community law. This strategy has involved references to the European Court of Justice, raising points of EC law in the national courts and, to a limited extent, lobbying the other institutions of the European Union. This chapter therefore considers the EOC's objects as a litigator and its litigation strategy in order to assess whether its courage, investment and persistence have been rewarded.

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