The remedial route
The representatives of civil society organisations
interviewed for this report pointed to their contributions
to, and role in, litigation, both in national and in EU courts.
They litigate with pro bono legal support. All civil society
organisations interviewed acknowledged that without
pro bono legal support, the litigation – an important and
significant part of their work – would not be possible.
They stated that a legal remedy implemented in such
a manner represents ‘an obvious imbalance in terms
of process and resources’ in power relations between
civil society organisations and the state. A similar
imbalance affects individuals when seeking remedies.
Other relevant factors include the difficulties caused
by the costs involved for individuals to take their cases
to court; the need for legal knowledge, expertise and
support; and the stamina required.
“We did the case pro bono. One of the benefits of the
[expert body] is that there are no costs, compared to other
proceedings. Even so, for an ordinary complainant there is no
legal aid available, so the ordinary complainant would either
fund themselves or find a human right organisation willing to
take the case pro bono. That is an issue.” (Lawyer)
Strategic litigation pursued by civil society organisations
plays another important role. It raises awareness among
the general public of possible rights violations in the
areas of data and intelligence collection, and increases
the public’s interest in defending their rights and in
looking for ways to prevent possible violations.
“The only thing that we can do now is to have individual
persons going to court. That is a problem, you need to
have standing as an individual, you need to be individually
targeted e.g. by secret services, then of course comes
a question, how can you prove that you have been the target
of the secret services because usually you never know,
they will never notify you, maybe after 50 years. It is really
difficult and has become more difficult for us to have these
court cases.” (Civil society organisation)
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