European Trade Union Institute, ETUI.

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5 September 2019

Seminar on Strategic Litigation on Occupational Health and Safety (OSH)

call for papers

The Health and Safety and Working Conditions Unit of the European Trade Union Institute organizes a Seminar on Strategic Litigation on Occupational Health and Safety at 15-16 January 2020 in Brussels. The seminar is the starting point of a multi-annual project on strategic OSH litigation in the EU, and
will revolve around two main topics / aims:

1) It will provide an overview of what has been done until now and identify the potential for further action within the context of the Court of Justice of the European Union (CJEU)
2) It will start exploring the possibilities for strategic litigation at national level and search for possibilities for mutual learning and inspiration between trade unionists, lawyers, academics, victim groups and other actors involved from different Member States.

The seminar will focus on the following elements:
1) European level:
- Overview and analysis of the litigation activity before the CJEU until now;
- Exploration of the potential for further action before the CJEU.
2) National level:
- Exploration of litigation activity under national legislation on OSH in 3-5 Member States;
- Exemplary cases in different fields of law (criminal law, civil law, labor law, social security law, liability law);
- Victims testimonies;
- Litigation strategies, either explicit or implicit, covering the following aspects: aims, risks, chances, positive or negative side-effects;
- What can trade unionists, lawyers and academics from different Member States learn from each other? Strategies, practices, rationale behind cases, legal reasoning in cases, etc.

We call trade unionists, lawyers, academics and other experts in the field of OSH Litigation to propose contributions to this seminar. We are interested in contributions on court cases in all possible fields of law, as well as contributions on litigation strategies and trade union practices to engage in litigation. We would welcome a short outline of your proposal (300-500 words) with the title, a short description of the content of your contribution and a short reflection of what can be learned by others from your case/practice/strategy.

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