About strategic lawsuits to protect the public interest

Strategic litigation cases are a form of protection of the public interest in the court, which is conducted in the interests of a citizen or group of citizens, in order to achieve systemic changes in the legal field for the benefit of society (in particular, the improvement of the legislation of the country) and is used to create jurisprudence (precedent).

The strategic litigation can demonstrate the gaps and contradictions in the legal acts, which do not allow solving the specific problems that exist in the society.

Strategic litigation cases to protect the public interests can influence both: the norm and the legal institution, which is responsible for its application. Strategic cases demonstrate regulatory gaps with goal to change the law and to resolve specific problems that exist in society.

Thus, difference between the strategic lawsuit and the usual court case is that the trial concerns not only private interest, but an interest of significant number of people or society as a whole. Strategic lawsuit is usually planned and has an impact on society and goes beyond providing of aid to individual citizens.

According to Gesine Fuchs reflections on the strategic litigation to protect the rights of women in Poland: “The objectives of the strategic legal aid may include raising awareness of citizens and / or the formation of political agenda to create political pressure to legislative changes, as well as to strengthen marginalized groups. Often, a strategic lawsuit can be chosen as a political tactic, when a particular legal issue can be an important social problem. In this case, probably, judicial decisions will have greater influence and greater potential to attract public interest and the mass-media”.

Thus, the aim of strategic litigation for the protection of the public interest is to ensure not just the individual interests, but the interest of groups, which lead to systemic changes in society. It can mobilize citizens and strengthen the organization by bringing together all stakeholders. In addition, strategic litigation plays an extremely important educational function, due to which awareness in dealing with issues that may potentially lead to a change in public opinion is increasing and, therefore, contributes to the achievement of progress on the way of building a more just society.

Today, strategic litigation meant to protect the public interest continues to be one of the most effective tools for achieving systemic changes in the country.

Now our “Strategic Litigation Fund” accepts for review only the cases related to the protection of the rights of the Roma, as the most vulnerable group in the Transcarpathian region. The decision to grant legal support in court cases are made by the Expert Council of Fund.

List of the most significant strategic cases of our Fund:

1. Forkosh Iurii Iuriievich to the Civil Registration Department in the city of Mukachevo of the Mukachevo Local Administration of Justice about finding of the juridical fact.
Сourt decision

2. Forkosh Iurii Iuriievich to the Civil Registration Department in the city of Mukachevo of the Mukachevo Local Administration of Justice about finding the actions of the subject of authority unlawful and commitment to take certain actions.
Сourt decision

3. Rostosh Maryna Mykhailivna to the Civil Registration Department in the city of Mukachevo of the Mukachevo Local Administration of Justice about finding of the juridical fact.
Сourt decision

4. Feka Eva Mykolaivna, Feka Liliia Ivanivna to the Civil Registration Department in the city of Mukachevo of the Mukachevo Local Administration of Justice about finding of the juridical fact.
Сourt decision

5. David Tunde Geizivna to the Civil Registration Department in the city of Mukachevo of the Mukachevo Local Administration of Justice about finding of the juridical fact.
Сourt decision

6. Brynzachka Kateryna Ernestivna to the Civil Registration Department in the city of Mukachevo of the Mukachevo Local Administration of Justice about finding the actions of the subject of authority unlawful and commitment to take certain actions.
Сourt decision

7. Goga Maria Mikloshivna, Goga Betina Iosypivna to the Civil Registration Department in the city of Mukachevo of the Mukachevo Local Administration of Justice about finding of the juridical fact.
Сourt decision

8. Goga Maria Mikloshivna, Goga Betina Iosypivna to the Civil Registration Department in the city of Mukachevo of the Mukachevo Local Administration of Justice about finding the actions of the subject of authority unlawful and commitment to take certain actions.
Сourt decision

9. Russo Eva Iosypivna, Russo Kateryna Karlivna to the Civil Registration Department in the city of Mukachevo of the Mukachevo Local Administration of Justice about finding of the juridical fact.
Сourt decision

10. Rats Eva Shandorivna to the Civil Registration Department in the city of Mukachevo of the Mukachevo Local Administration of Justice about finding of the juridical fact.
Сourt decision

11. CF «Progress» to the Head of the Mukachevo City Council about finding the refusal unlawful and commitment to take certain actions.
The first instance court decision
The second instance court decision

12. Public Organization «Public Council of Mukachevo district» to the Head of the Mukachevo City Council about finding the refusal unlawful and commitment to take certain actions.
The first instance court decision
The second instance court decision

13. Public Organization «Mukachevo Roma Association «Roma» to the Head of the Mukachevo City Council about finding the inaction unlawful and commitment to take certain actions.
The first instance court decision
The second instance court decision