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Chapter 3. Initiating judicial proceedings: making the case

This chapter raises some of the major issues with which lawyers and, to a certain extent judges, and other authorities may be confronted in the context of ESC rights litigation. Without exploring in depth the political, strategic and procedural aspects that necessarily inform aspects of ESC rights litigation, it briefly highlights a number of strategic and procedural considerations that should be kept in mind by litigators, beside the purely legal matters. Yet, all these various aspects undoubtedly play a significant role in ESC rights adjudication and practitioners may find some of the points mentioned and references offered hereinafter useful, especially in the first phases of litigation.