Presentation is loading. Please wait.

Presentation is loading. Please wait.

Dr Jonas Grimheden Senior Policy Manager

Published byἈρτεμίσιος Καραμανλής Modified over 6 years ago

Similar presentations

Presentation on theme: "Dr Jonas Grimheden Senior Policy Manager"— Presentation transcript:

1 Dr Jonas Grimheden Senior Policy Manager
Improving access to remedy in the area of business and human rights at the EU level Dr Jonas Grimheden Senior Policy Manager

2 FRA’s Opinion – context
United Nations European Union Council of Europe ECOSOC TNC Cssn 1973 EC CSR Green Paper 2001 PACE Res + Rec 2010 Sub-Cssn WG on TNC 1998 EC CSR 2011–2014 2011 CDDH (Steering Cttee) 2011 Employ ICT Oil&Gas Global Compact 2000 EC 3xSectoral guide 2013 CDDH Declaration 2013 UNSG SR Ruggie 2005 SWD on UNGP 2015 Cttee of Ministers Rec 2016 Protect Respect Remedy UN Guiding Principles 2011 Council Concl. 2016 FRA WG on binding instr. 2014 EP Draft INI 2015 OHCHR Guidance 2016 Likelihood that article 47 useful in this context is limited + OECD (1976), ILO (1977), ISO (2010), etc

3 Judicial Non-judicial Implementation FRA’s 2017 Opinion
Legal aid & funds Forum necessitatis Multilateral Crim – implem. Legal standing Vulnerability Damages Crim – investig. Burden of proof Extra-territorial ‘Environmental’ Victims’ rights Non-judicial NHRIs etc NCPs Operational-level Implementation Transparency OMC Complaints Exchange NAPs Due diligence

4 UNGP I II III Context EU Member States State Business Victim Protect
Single market An area of justice Trade agreements Consumer interest Citizens concerns Business and human rights – EU values CSR RBC Protect Respect Remedy Action plans Policies Legislation Adjudication Due diligence & addressing adverse impact Judicial and state and non-state non-judicial remedies EU Member States Enterprise operation / subsidiary Enterprise HQ Enterprise operation / subsidiary

5 FRA’s related work Freedom to conduct a business
Severe forms of labour exploitation Victims of crime

6 FRA’s further work on B&HR
2017 Council requested Opinion 2017 European Commission requested mapping 2018 mapping EU 28+ – brief! 2019 focus – selected states UNGP I State II Business III Victim Protect Respect Remedy Action plans Policies Legislation Adjudication Due diligence & addressing adverse impact Judicial and state and non-state non-judicial remedies

7 Potential EU Member States EEA (EU28+3)
Negotiating EU candidates EU (28) Turkey Montenegro Schengen (EU22+4) Serbia EU candidates Euro (EU19) Albania FYRoMacedonia Cyprus Austria Germany Luxembourg Slovenia Ireland Belgium Greece Malta Spain Potential EU candidates Estonia Italy Netherlands Bosnia&Herzeg. Kosovo Finland Latvia Portugal France Lithuania Slovakia Euro EEA EFTA United Kingdom Czech Republic Denmark Hungary Schengen Liechtenstein Switzerland Poland Sweden Norway Iceland Bulgaria Croatia Romania EU JHA opt-outs Not PESCO (5) Not NATO (5) FRA (28+1) FRA to be (3) In parts inspired by The Economist, 11 June 2016, Interlocking interlocutors, p. 31

8 Judicial Non-judicial Implementation FRA’s 2018–2019 project
UN Guiding Principles 2011 Cttee of Ministers Rec 2016 OHCHR Guidance 2016 FRA’s 2018–2019 project Judicial Legal aid & funds Forum necessitatis Multilateral Crim – implem. Studies Assessments Efficiency criteria Collective access / redress Initiatives Operational-level Information hub Training Examples from other areas Legal standing Vulnerability Damages Crim – investig. Burden of proof Extra-territorial ‘Environmental’ Victims’ rights Non-judicial NHRIs etc NCPs Operational-level Implementation Transparency OMC Complaints Exchange NAPs Due diligence

9 How contribute? Map situation in EU Member States
Judicial Non-judicial How contribute? Implementation Map situation in EU Member States Look closer at countries where there is the most to share Propose improvements (like in Opinion) based on factual situation Cooperation with the European Law Institute Track record of providing concrete legislative proposals Feed into EU’s policy making

10 Thanks!

11 Key guidance UN (ILO and OHCHR) ISO and OECD Council of Europe EU
OECD Guidelines for Multinational Enterprises, 1976/2000 (2011 with a dedicated human rights chapter) ILO Tripartite declaration of principles concerning multinational enterprises and social policy, 1977 (2014 4th and last edition) ISO (2010) UN Guiding Principles for Business and Human Rights (2011); Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework, A/HRC/17/31, 21 March 2011 UN Committee on the Rights of the Child, General Comment No. 16 on state obligations regarding the impact of the business sector on children’s rights (2013) European Commission, Staff Working Document on Implementing the UN Guiding Principles, SWD(2015) 144 final, 14 July 2015 Council of Europe, Committee of Ministers Recommendation CM/Rec(2016)3, 2 March 2016 OHCHR ‘Guidance’; Business and human rights: Improving accountability and access to remedy for victims of business-related human rights abuse, A/HRC/32/19, 10 May 2016, CRC GC 2013 on State obligations regarding the impact of the business sector on children’s rights (forced labour and criminal liability of companies as well as access to remedy) UN, Committee on the Rights of the Child (2013), General comment No. 16, 17 April 2013, para. 66. The General Comment is also referenced in the 2016 Council of Europe Recommendation, requiring “due consideration”. Council Conclusions on Business and Human Rights, 10254/16, 20 June 2016 UN Committee on Economic, Social and Cultural Rights, General Comment No. 24 on State Obligations in the Context of Business Activities, 2017

12 Business and human rights-related EU instruments
Jurisdiction Choice of law Guidance Employment and Recruitment Agencies Information and Communication Technology, Oil and Gas 2013 CJEU, Owusu 2005 – removed forum non-conveniens Collective redress recommendation (2013) Criminal liability in specific areas Brussels I Jurisdiction, recognition and enforcement of judgments in civil and commercial matters Regulation 1215/2012 12 December 2012 (10 January 2015) Rome II On the law applicable to non-contractual obligations Regulation 864/2007 11 July 2007 (11 January 2009) Dual-use Export controls Regulation 428/2009 (Recast) 5 May 2009 Proposal for recast from EC (COM(2016)616 final) on 28 September 2016 Share holders rights directive Recast of 2007/36 2017/828 17 May 2017 (10 June 2019) Non-financial disclosure Non-financial and diversity information; updated of 2013 Directive 2014/95 22 October 2014) (6 Dec 2016) Public Procurement Free movement of services etc Directive 2014/24 26 February 2014 (replacing 2004 Directive) (18 April 2016 (2018)) Timber Trade controls Regulation 995/2010 20 October 2010 (Recast) (3 March 2013) Rare / conflict minerals supply chain due diligence Regulation 821/2017 17 May 2017 (9 July 2017 (2021)) DK not taking part Due diligence Past transp. deadline Adopted Guidance

13 Brussels and Rome – jurisdiction and law
I bis Cross-border disputes II bis Marriage and children Subsidiary jurisdiction remains un-harmonised for Member States Rome Law I Contractual II bis Non-contractual civil and commercial

14 Draft elements document (29 September 2017)
1. General framework 2. Scope of application 3. General obligations 4. Preventive measures 5. Legal liability Preamble Protected rights Obligations of states Due diligence Criminal, civil, administrative Principles Acts subject to its applicat. Obligations of TNC/OBEs Vigilance plan Individual and collective Individual and collective Purpose Actors subject to its applicat. Obligations of Int’l organizat. Risk assessment Nat’l/int’l crimes; attempts Objective Early warning Legal and natural Follow up Legal and natural Reporting State controlled etc 6. Access to justice, effective remedy and guarantees of non-repetition 7. Jurisdiction 8. International cooperation 9. Mechanisms for promotion, implementation and monitoring 10. General provisions Effective judicial and non- Facilitate hearing of claims Mutual Legal Assistance NHRIs Procedures (becoming party) Vulnerable groups Irrespect. of mode of control Taking evidence UN TBs Primacy over trade Non-judicial not substitute Victims within jurisdiction Protection of witnesses Int’l Court on TNCs and HR Dispute settlement Victims’ claims irrespect. of Supply chain Seizure and freezing assets Special chamber in existing Removing hurdles Cross-border investigations Cttee on B&HR Limit forum non-conveniens Victims/witness participat. Access to evidence Bi-/multilateral treaties

Download ppt "Dr Jonas Grimheden Senior Policy Manager"

Similar presentations

 At first there were 6 members  Today there are 27 members of the EU  Created in 1952.  Requirements:  Democratic  Free market government Flag of.

 At first there were 6 members  Today there are 27 members of the EU  Created in  Requirements:  Democratic  Free market government Flag of.
Delegations ICM Cluj-Napoca, 20th April 2015. The European Law Students’ Association Albania ˙ Austria ˙ Azerbaijan ˙ Belgium ˙ Bosnia and Herzegovina.

Delegations ICM Cluj-Napoca, 20th April The European Law Students’ Association Albania ˙ Austria ˙ Azerbaijan ˙ Belgium ˙ Bosnia and Herzegovina.
Delegations III KAM, Bratislava 4th to 8th September 2013.

Delegations III KAM, Bratislava 4th to 8th September 2013.
THE EUROPEAN UNION Lesson 5

THE EUROPEAN UNION Lesson 5
THE EUROPEAN UNION Lesson 5

THE EUROPEAN UNION Lesson 5
Reichstag, 1945 Frankfurter Allee, 1945 A Climate for Radical Change:

Reichstag, 1945 Frankfurter Allee, 1945 A Climate for Radical Change:
Delegations IV KAM Prague 3rd to 7th September 2014.

Delegations IV KAM Prague 3rd to 7th September 2014.
© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Public Procurement Review and Remedies in the Member States.

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Public Procurement Review and Remedies in the Member States.
1 FP6 into perspective. 2 Understanding the context and exploiting the opportunities FP6 into Perspective The European Union.

1 FP6 into perspective. 2 Understanding the context and exploiting the opportunities FP6 into Perspective The European Union.
Institutional Visits III KAM, Bratislava 4th to 8th September 2013.

Institutional Visits III KAM, Bratislava 4th to 8th September 2013.
Introduction to Europe & European Law

Introduction to Europe & European Law
What is UN Global Compact?

What is UN Global Compact?
Estonia and the European Union NGO Eurohouse Europe Direct Kuressaare inforelay 10A Tallinna str., 93813 Kuressaare Phone and fax: +372 453 9008 E-mail:

Estonia and the European Union NGO Eurohouse Europe Direct Kuressaare inforelay 10A Tallinna str., Kuressaare Phone and fax:
Europe since World War II and the Way to European Union by Satin Soonthornpan Faculty of Political Science Ramkhamhaeng University.

Europe since World War II and the Way to European Union by Satin Soonthornpan Faculty of Political Science Ramkhamhaeng University.
THE EUROPEAN UNION. Member States The European Union is composed of 27 independent sovereign states which are know as member states: Austria, Belgium,

THE EUROPEAN UNION. Member States The European Union is composed of 27 independent sovereign states which are know as member states: Austria, Belgium,
EU Enlargement. The EU Quick History  1950s – The European coal community begins to unite European countries politically and economically, the founders.

EU Enlargement. The EU Quick History  1950s – The European coal community begins to unite European countries politically and economically, the founders.
THE EUROPEAN UNION. HISTORY 28 European states after the second world war in 1951 head office: Brussels 24 different languages Austria joined 1995.

THE EUROPEAN UNION. HISTORY 28 European states after the second world war in 1951 head office: Brussels 24 different languages Austria joined 1995.
Assistant Professor Nicoleta SIRGHI Assistant Professor Ioana VADASAN 1.

Assistant Professor Nicoleta SIRGHI Assistant Professor Ioana VADASAN 1.
©The McGraw-Hill Companies, 2004 The changing terminology The term European Economic Community dates from the Treaty of Rome of 1958. Use of the term European.

©The McGraw-Hill Companies, 2004 The changing terminology The term European Economic Community dates from the Treaty of Rome of Use of the term European.
Prof. Giuseppe Burgio, EuroSapienza, Rome. My presentation: 1.From the end of the 2nd World War to the European UnionFrom the end of the 2nd World War.

Prof. Giuseppe Burgio, EuroSapienza, Rome. My presentation: 1.From the end of the 2nd World War to the European UnionFrom the end of the 2nd World War.

Similar presentations

Ads by Google