Building on previous events (held in January 2020 & February 2021), the ETUI organised this third workshop on the theme of 'OSH Strategic Litigation at a legal crossroads'.
January 2020 marked the beginning of the pluri-annual project: 'Occupational Health and Safety Strategic Litigation'. It started with a mapping of the situation at the national and European level (2020), followed by a better understanding of how to 'build a case' in different countries while drawing some similarities amongst countries (2021). The latest event in this series, was aimed at pushing the boundaries of the strategic litigation scope and examined a potential overlap with other litigation fields. There was a focus on two topics: (1) AI and new technologies, (2) environmental law. The rationale was similar to last year’s: how can we learn from each other to better protect the workers?
The presentations of the speakers addressed a 'litigation scenario'. For each session, there were two speakers: one specialized in OSH, and the other an expert in the 'overlapping' field (i.e. new technologies & environmental concerns). Both speakers presented some legal background and examples of strategic litigation in their field. They indicated how they would strategically approach the litigation case presented. A discussant with expertise in both fields reflected on the presentations.
During the last part of the session, the participants were divided into groups. They discussed the feasibility of the strategies presented in their respective countries (explaining why it could work and what the obstacles/challenges are). The session ended with each group reporting their key ideas.