Resumen de From critical theory to litigation strategy: Can intersectionality transform EU equality law?

Raphaële Xenidis

• While legal scholarship has consistently lamented the lack of recognition of intersectional discrimi-nation in courts, the question of whether intersectionality features in lawyers' litigation strategiesremains in a blind spot. Although a growing body of interdisciplinary scholarship probes how legalmobilisation shapes the construction of EU law, the role of critical theory in EU legal entrepreneur-ship has attracted relatively little attention. This article thus displaces the focus from the judicialreception to the litigation of intersectionality. Through a series of interviews and doctrinal analysis,it examines the mobilisation of critical epistemologies in the framing and litigation strategies of normentrepreneurs in the field of EU equality law. It explores how intersectionality is seized by legal prac-titioners, transformed as it enters the repertoire of law and rights, and incorporated in litigationstrategies to contest, transform and construct non‐discrimination law before the Court of Justice ofthe EU