Abstract

The paper describes the growing role of lawyers in the field of human and fundamental rights, specifically in the European Multilevel System. Firstly, the paper proposes a conceptualization of the lawyers’ power as political power, also underlying the s.c. “social functionµ aimed at guaranteeing human rights and empowering the rule of law. Then a more general reflection on the related Trial nature of rights will be developed, specifically taking in consideration Francesco Viola’s approach to human rights as social practice. Consequently, the bottom-up trajectory of human and fundamental rights will be better defined, pointing out the strategic role of litigation and lawyers in the human rights enforcement mechanisms.