“Interest groups are said to be pursuing their ‘minority views’ in an ‘undemocratic’ way through the courts, using the law to impose their own ideas via the judiciary. Judges are accused of taking the place of politicians and of being activist.” Remarks such as these are increasingly heard in connection with public interest litigation. PILP Foundation conducts many public interest cases on a wide range of issues and on behalf of different organisations, communities, and groups. PILP believes that public interest litigation serves the public good and is an essential part of our democratic rule of law. Restricting this right would therefore harm not only PILP’s clients and allies, but the democratic rule of law as a whole. For this reason, PILP has launched a campaign to provide more information about public interest cases and to dispel the misconceptions surrounding them.
Background
Access to the courts is a cornerstone of our democracy and legal order. It enables individuals, communities, and organisations to remedy violations of fundamental rights through the judiciary. When the political process pays insufficient attention to certain interests, for example, prioritizing the interests of large corporations over those of citizens—the courts can, in some cases, intervene. While individuals can go to court on their own, cases brought in the public or collective interest can sometimes achieve impact that would not be possible at an individual level. Recent political developments, however, threaten this access to justice.
Groups and organisations that bring public or collective interest cases, such as a trade union challenging bogus contracts, or an environmental organisation opposing the destruction of a forest, are often accused of engaging in politics through the courts. Critics claim they are abusing the legal system, that such actions are undemocratic, and that they are forcing through minority interests.
This criticism fails to recognize how a democratic rule of law functions. The judiciary, as one of the three branches of government, serves as a check and complement to the legislative and executive powers. Courts are tasked with reviewing the laws made by government and, in doing so, with safeguarding the fundamental baseline of our democratic legal order. That baseline is crucial: it prevents the State or corporations from imposing their will unchecked. Citizens cannot be criminally convicted without due process; the government cannot strip (specific) groups of their rights; and our environment cannot be freely polluted by large companies.
Campaign launch
Public interest litigation serves the public good and forms a vital component of our democratic rule of law. PILP is therefore today launching the campaign “Public interest cases are in the public interest” to draw attention to this issue and to explain its importance. The campaign kicks off with a three-part video series on the value of access to justice and public interest litigation in a democratic society. Using examples such as the Urgenda case and the legal fight against ethnic profiling, PILP highlights what is at stake if civil society organizations face increasing obstacles to access the courts.
Today, Tuesday 2 September, the first video in the series is being published on the website and on social media channels. This first video explains how access to the courts is under pressure and why this poses a threat to the democratic rule of law. Click here to watch the first video.
The video series consists of three short episodes of approximately one minute each. The first video is released today on social media. Videos 2 and 3 will be published online on 23 September and 7 October respectively. The series can be viewed on the dedicated campaign page: www.pilp.nu/algemeenbelangzaak.
We believe this message is important and must be shared widely. Please help spread the word by informing your network about these developments and/or sharing our posts on your social media channels.
Click here for more information about our campaign.
For questions about this subject, PILP can be reached at contact@pilp.nu or by phone at +31 (0)20 261 0191.
