Defending EU Values Through Strategic Litigation: An Assessment of New Avenues for Enforcement
Over the past decade, values-related litigation before the Court of Justice of the European Union (CJEU) has emerged as a response to increasing threats to the rule of law within Member States. However, judicial avenues currently available – primarily preliminary ruling requests, infringement proceedings, and more marginally annulment actions - have proven structurally limited and often ineffective in providing redress. This research argues that strategic litigation faces serious obstacles due to the CJEU’s narrow interpretation of Treaty provisions, and limited access to judicial remedies. The project seeks to answer two core questions: why have existing remedies failed, and how can strategic litigation better enforce EU values? It explores two potential solutions: greater member state participation in infringement proceedings, and expanded legal standing for civil society actors in annulment actions. Drawing on recent developments in ECtHR jurisprudence and engagement with key advocacy groups such as Reclaim and the CEU Rule of Law Clinic, the project combines doctrinal analysis with practical insights. By advocating for a broader interpretation of EU legal instruments, this research contributes to debates on democratic participation, institutional accountability, and the future of rule of law enforcement in the EU.
