Strategic Litigation (Public Interest Litigation - PIL) is a legal tool used not only to protect a specific individual but to achieve systemic changes for broad segments of society. Unlike ordinary litigation, the goal of strategic litigation is to create a significant judicial precedent, change legislation, or improve administrative practice. In Georgia, this method is often used by environmental organizations, civic activists, and human rights groups on issues such as ecology, social protection, consumer rights, or urban development. It is a way to shape public policy and protect the public good through the courts.
What does Public Interest Litigation service cover?
Legal.ge specialists offer a full cycle for managing strategic disputes:
- Case Selection: Analyzing potential cases and selecting one that has precedential value and a high prospect of success.
- Mobilizing Plaintiffs: Organizing collective lawsuits, creating a group of victims, and representing them (elements of Actio Popularis).
- Amicus Curiae Briefs: Submitting a professional opinion to the court on ongoing important disputes to assist in the correct resolution of the case.
- Environmental Litigation: Appealing building permits, EIAs (Environmental Impact Assessments), and licenses that harm the environment.
- Advocacy Campaign: Conducting an information campaign parallel to the legal battle to gain public support.
Common Scenarios
Strategic disputes often concern:
- Illegal Construction: Halting the construction of a building in a park or historic zone because it violates public interest and urban standards.
- Air Pollution: Suing a factory for harmful emissions that damage the health of the entire neighborhood's population.
- Discriminatory Law: A constitutional lawsuit against a norm that restricts the rights of a specific social group (e.g., persons with disabilities, single parents).
- Public Information: Suing a state agency for concealing information important to the public (e.g., salaries, tenders).
Georgian Legislation
The main challenge of strategic litigation is often obtaining "Standing" (the right to sue). The Administrative Procedure Code of Georgia and the Environmental Assessment Code provide opportunities for NGOs to litigate environmental issues based on the Aarhus Convention, even if their direct property rights have not been violated. In the Constitutional Court, any person whose constitutional right is infringed has the right to sue.
Process Stages
- Research: Systemic analysis of the problem.
- Litigation: Filing the lawsuit and actively managing the process.
- Media: Informing the public about the process.
- Enforcement: Monitoring the implementation of the decision.
Why Legal.ge?
Strategic litigation is a long-term and complex process that requires not just a lawyer, but a strategist. Legal.ge gives you access to professionals who understand the role of law in social change and have experience in high-profile, public interest cases.
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