EU law — freedom of movement, employment and residence
The internal market is founded on the premise that European goods and services, businesses, workers and persons can generally move freely and establish themselves within the Member State territories of the Union.
This requires that standards are established with respect to employment rights, provision social services and competition practices.
Our clients need to feel confident that they are respecting and taking full advantage of the principles underlying the union.
Human rights — refugee law, nationality, residence and fair trial issues
As the EU consolidates its border, controls dissolve and its attractiveness to third country nationals increases, and the ease with which they can move across national borders increases. Sometimes the motive is the economic fruits of the internal market and sometimes it is the insecurity in countries outside the union that triggers this trend.
The EU has now as an international organisation joined the European Convention on Human Rights and Fundamental Freedoms. The treaties have now also expressly incorporated the human rights into the fabric of the union. In so far as there was any doubt before that member states of the EU were bound to respect European human rights as generally accepted principles within the union, this myth has now been put to rest.
This means that governments and businesses need to pay close attention to the dignity of the human being in all activities. Competent legal advice in this area has become crucial to good business practice and government regulation.
Bribery and corruption
English law has taken a significant step towards ensuring that multi-national corporations with connections to the UK do not contribute to the culture of corruption in less advantaged nations. Corporations can be held personally responsible for the actions of their employees in this area.
Businesses now have to take the greatest of care in ensuring that their employees do not step into error in providing incentives and hospitality for business purposes. It has become essential to receive competent advice before embarking on missions for foreign business. Such advice need not cost a fortune either.
Crime — drug and human trafficking, extradition, money laundering, international terrorism and war crimes
Criminals have ruthlessly exploited the dissolving of national borders through the developments in technology. The law has been forced to adapt in ways that do not exempt the innocent. Businesses can unwittingly fall into the nets of organised crime and find themselves the subject of government scrutiny.
Advice in the criminal law arena is no longer the concern of the bank robber and the fraudster. All businesses and professionals need to keep their eyes open and their senses tuned in in much the same way as they do when filling in their tax return.
When facing false charges, individuals must take care to ensure that they are properly represented.
State and corporate responsibility
Yes, both states and corporations, as well as their directors and executives, can find themselves responsible for the wrongful or criminal actions of their agents. Competent advice on the length of the arm of the law is an important part of business.
For more information on public and private law click here.