Cross-Border Litigation in Environmental and Human Rights Cases in the EU: Legal Strategies for Victims
Articles
Augustė Jurjonaitė
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Simona Rėklaitytė
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Published 2025-11-14
https://doi.org/10.15388/TMP.2025.3
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Keywords

Cross-border litigation
Environmental justice
Transnational corporations (TNCs)
Access to justice
Strategic lawsuits against public participation (SLAPPs)

Abstract

This paper examines the legal barriers that impede individuals from pursuing environmental and human rights litigation in various European courts. The first section analyzes restrictions on access to justice, including systemic, legal, and political obstacles. Additionally, it explores challenges inherent to individual legal action, such as limited legal expertise and insufficient resources, and financial constraints. The second section examines the use of reprisal tactics by transnational corporations (TNCs) as a legal barrier to litigation. It highlights how reprisals can occur at various stages of the legal process, beginning with intimidation to discourage legal action and later manifesting in Strategic Lawsuits Against Public Participation (SLAPPs) or procedural delays designed to burden plaintiffs and compel them to withdraw their claims. The paper argues that significant deficiencies remain within the EU judicial system, which must be addressed to ensure access to justice and the protection of human rights for all citizens.

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