Earlier this week, Rachele Bizzari, postdoctoral fellow at the University of Siena, delivered two lectures to the students of the Comparative Law of Institutional Communication course on amici curiae, latin for «friends of the court».
The lectures aimed to familiarize students with the ways in which civil society engages with constitutional and supreme courts, helping them to critically assess the methods, strategies, and objectives of such interactions – especially in a context marked by democratic backsliding and the rise of populism.
Amici curiae in comparative perspective: from friendship to advocacy
In the first lecture, Dr. Bizzari discussed the uncertain origins of amicus curiae, presenting both Roman and English legal traditions as possible sources, and its development within the American legal system. In particular, she explored how this figure evolved from a neutral and impartial party to a tool for representing interests beyond those of the litigants, later serving as a key instrument of advocacy.
The U.S. case was used to illustrate how courts’ openness to civil society reflects a broader transformation in their roles and functions within the legal system. Students were guided through an exploration of civil rights movements and public law litigation, with concrete examples ranging from key moments in U.S. history to more recent and locally relevant cases, such as L’Affaire du Siècle on climate-related obligations.
The lecture concluded by examining how the amicus curiae serves as a channel for dialogue both within civil society and between civil society and the courts, with a focus on how amici are acknowledged in court decisions and the extent of their influence on judicial reasoning.
The European Court of Human Rights and the rise of conservative advocacy networks in Strasbourg
In the second lecture, attention turned to the European context, focusing on the role of amici curiae before the European Court of Human Rights. Dr. Bizzari offered an overview of the evolution of third-party interventions in Strasbourg, particularly highlighting the increased significance of such contributions following the entry into force of Protocol No. 11, which reinforced the Court’s role within the Convention system.
After a brief review of the legal framework – encompassing the European Convention on Human Rights, the Court’s internal rules, and the President’s guidelines – students explored the role of transnational civil society and the emergence of advocacy networks, often rooted in U.S. practice, which in recent decades have targeted courts to introduce new litigation styles and arguments, frequently aimed at promoting reactionary policy agendas.
Finally, to highlight how the relationship between courts and amici curiae has increasingly come under public scrutiny, Dr. Bizzari pointed to recent debates surrounding the adoption of a code of conduct by the U.S. Supreme Court, as well as reforms to recusal rules at the European Court of Human Rights in response to mounting criticism.
