Project

Trajectories of coincidental change and standstill in the entire course of justice of human rights litigation with a case study of European veiling case law originating from Belgium

Code
01P08923
Duration
01 October 2024 → 30 September 2027
Funding
Regional and community funding: Special Research Fund
Research disciplines
  • Social sciences
    • Human rights law
    • Procedural law
Keywords
empirical reconstruction of chronologies veiling supranational human rights litigation
 
Project description

This proposal focuses on the development of a methodological model to study the coincidental realisation of change or lack thereof in European human rights litigation, from the origin of the case at the national level, through the process before supranational courts, up until the judgment and its execution. It often remains unknown which combination of actors, networks, circumstances or narratives were present throughout the trajectory of a court case. A process research approach to human rights litigation could result in bringing connections to the surface in a meaningful manner in order to get a holistic grasp of the entire trajectory of a human rights case so as not to miss accidental actors, unpredictable factors and narrative changes in the broader litigation process. There is growing interest in studying organisational phenomena in a processual manner by capturing and theorizing about change through time and paying attention to the unfolding of events, activities, and flows. The main contribution of this project is the drafting of a ‘process model’ for the empirical reconstruction of chronologies before, during and after supranational litigation (retrospective data collection) based on rich empirical data. The context which will inform the development of the model, in the first phase, is that of European supranational case law (ECtHR and CJEU) on veiling practices that has originated from Belgium as well as, in the second phase, other thematic case law across Europe.