Public Interest Litigation in Central and Eastern Europe: Roots, Prospects, and Challenges

Abstract

Though it has a relatively brief history in Central and Eastern Europe, public interest litigation (PIL) has contributed significantly to the consolidation of the rule of law. PIL faces numerous obstacles in the post-Communist region, including inadequate legal aid; a limited pro bono publico tradition; and rules of procedure and judicial practice that are unreceptive to joint claims, proof of systemic problems, and equitable remedies. This article reviews the development of PIL, surveys the challenges, and offers concrete recommendations for donors and others concerned to foster sustainable and effective PIL in the future.