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Hungarian Civil Liberties Union www.tasz.hu. Ádám Földes Strategic Litigation in Freedom of I nformation. Activities of HCLU. public advocacy. legal aid. litigation. Civil liberties patients rights, reproductive rights, HIV/AIDS , Hepatitis patients, psychiatric patients
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Hungarian Civil Liberties Unionwww.tasz.hu Ádám Földes Strategic Litigation in Freedom of Information
Activities of HCLU public advocacy legal aid litigation • Civil liberties • patients rights, reproductive rights, HIV/AIDS, Hepatitis patients, psychiatric patients • Freedom of information, privacy • Drug policy
Aims • freedom of information can be an instrument for the orgainzation’s other issues, but lessons learned are also useful in • FOI for FOI - challenge the exemptions - test the current law - help public advocacy of FOI
How to find the case? • the client comes in • the HCLU contacts the client • HCLU is the client • no client /class of clients cases • someone else has the client
the client comes in / HCLU contacts the client – legal aid − the legal problem is given / selection − almost no planning − the client is exposed − weighty stories − no control over the story/client
HCLU is the client – planning − the legal problem is chosen − sometimes the HCLU employees are exposed − divisive stories − full control over the story
no client / class of clients cases – extra-judicial cases: Parliamentary Commissioner, Constitutional Court, other − planning − the legal problem is chosen − less tangible ~ difficult to communicate − no deadline ~ difficult to communicate − full control over the story
someone else has the client –no planning − the legal problem is given / selection −better impact − more expertise − cooperation or concurrence ? −limited control over the story
Planning I. time • Program of the Government (for 4 years) • legislative plan of the Parliament (for 6 months) • European Union legislation • international agreements sources of issues • cases of the Parliamentary Commissioner • legal aid • media • legislation
Planning II. evergreens: - rise & disappear novelty: - raise attention
Outcomes I. • good sentences of higher courts: re-use & publicize • bad sentences of higher courts: re-interpret publicize media widely used jurisprudence re-interpret by legislation
Outcomes II. (lost cases) • lost-won cases • cement the interpretation • continue at Constituional Court, international courts, etc.
Thank you for your attention! Hungarian Civil Liberties Union www.tasz.hu foldes@tasz.hu