środa, 8 lipca 2015

'Strategic litigation as a legal action in the public interest'

Strategic litigation is an example of legal institutions in which it is important to act in the public interest. The aim is to influence the outcome of important social issues, the fight against violations of the law and to obtain the greatest possible publicity. This is called the erga omnes effect. Strategic litigation is also promoting the definitive liquidation of misinterpretation of the provisions and legal procedures. There is also the concept of "soft effect of litigation", the extent of which relates to the implementation within of the municipality or province, and therefore the matter gets much less publicity in the media.

Key to success

Lawyer, who taking legal action in the context of strategic litigation, has initiated or has affected to the pending court proceedings in order to shape the legal system. These measures will result: precedents in the court's decisions in a particular dispute, changes in the law or changes in the practice of law. The responsibility of a lawyer, who will leads strategic litigation, is achieve academic knowledge and professional practise, because the skillful use of remedies avaiable in a particular situation is the key to success.

Accordingly, the main objective for the jurist is choice the purpose for strategic litigation. If appropriate procedures will apply to specific changes in the legal provision - to the duties of a lawyer belongs therefore be to prove that the provision violates definite legal act (inter alia the Constitution or Ratified of an International Agreement). A solid argument can direct the case to the Constitutional Court or the Court of Strasbourg. However the most important, is proper use of the remedies in the course of the instance.

Legal possibilities in Poland

Organizations dealing with human rights protection most often take legal action in the context of strategic litigation. Legal system in Poland allows organization, inter alia, the representative of the organization could participate in the process, lodge a constitutional complaint in the public interest, direct a legal question to the Supreme Court or direct an application to the Ombudsman.

Best tactics for action

A final important aspect of the litigation practice is the litigation tactics, because the development and the adherence of chosen tactic, affect the final result of actions taken by the lawyer, in the course of the above legal institution. Professional jurist should carefully examine all legal acts relating to a specific case. During the procedure, each substantive argument, could be useful and could have influence the final result. 

The strategic choice of all the procedures and remedies is a mandatory step at the stairs to the goal, which is achieve the positive effect of litigation.

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