Globalization & Law Network seminar with Virginia Passalacqua

The preliminary reference procedure before the CJEU is an important tool of legal mobilisation. However, Greece has remained a zero-reference country in the fields of migration and asylum until 2023, despite being significantly affected by migration flows. Virginia has tested two hypotheses for this curious observation. Firstly, she enquired whether the Greek legal framework might have precluded various actors from engaging with the CJEU. Data on Greek national and international judicial activity as well as interviews with stakeholders have revealed that although the Greek legal opportunity structure (LOS) is not completely closed, there are substantial obstacles hampering access to courts. Secondly, Virginia analysed whether the scarcity of preliminary reference cases on migration and asylum law sent by Greek courts can be attributed to the lack of resources needed for effective legal mobilisation. As seen from her research, Greek civil society actors are yet to establish collaborations with EU law academics and Euro-lawyers and develop effective strategies for mobilising the CJEU.

Virginia’s presentation was followed by reflections provided by Andreina De Leo, who acted as a discussant. 

If you are interested in the intersection of law and a more than ever globalised world, we invite you to join our upcoming seminars organised by the Globalisation & Law Network. Stay updated on our program and register here.