Cases (strategic litigation)
Strategic litigation - strategic selection of cases and strategic approach in case-work - advances systematic changes by legal means. The purpose of strategic litigation is to achieve court or administrative decisions with impact on interpretation or application of law in other similar cases. Therefore we choose cases of precedent setting potential, which tackle the problem of a given client while contributing to a systematic change within our program topics.
By solving precedent cases we strive to ensure that the rights of people stipulated in the constitution, laws, international conventions or EU law are reflected in decision making practice. Rights of citizens should not be restricted by formalistic decision-making or by restrictive interpretation of law, which ignore the core purpose of the law.
VIA IURIS provides legal aid to citizens in a cooperation with attorneys. We provide legal consultations and representation in cases, which includes preparation of legal submissions and legal representation before government authorities, general courts, Constitutional Court of the Slovak Republic, European Court of Human Rights and other international bodies.
Appropriate legal strategy is often not sufficient to achieve the change if it stands alone. It must be complemented by other means, for example initiating public debate (work with media, organization of public events, etc.), or amending relevant legislation. The strategic litigation is thus inter-linked with other activities of VIA IURIS.
More cases with a precedent setting impact are described in a Slovak version of the web page.
Examples of older concluded cases:
Pezinok landfill case
This is a story of the citizens of Pezinok, who have been defending themselves for several years against the construction of a landfill, also referred to as the “new” landfill, in their neighbourhood. As a matter of fact, Pezinok already has another landfill. It is filled with millions of tons of waste, including hazardous waste.
Taking pictures of municipal council members' voting
Everybody has a right to take pictures of municipal council members also when they vote, as this is one of the ways of exercising the constitutionally guaranteed right to information.
Ďubákovo building ban
We achieved the abolition of the building ban in the municipality of Ďubákovo. The building ban has been liquidating the municipality for dozens of years with a view of dam construction. It was not apparent from the issued building ban decisions when the dam construction should start, however, the investor insisted on the liquidating …
It is permitted to make a video and take pictures of an official intervention by a police officer
If you wish to make a video or take a picture of an official intervention of a police officer, you can also do so without his/her consent, as it is an exercise of a public official's office.
