The European Union should do more to increase access to justice for victims of rights abuses by businesses, the EU Agency for Fundamental Rights (FRA) has said.
The agency, in an opinion requested by the European Council, has made a series of recommendations on issues including legal aid and cross-border co-operation. They are:
Making judicial remedies more accessible: The EU should create minimum standards for legal aid and improve funding for legal support, particularly for vulnerable people such as children or people with disabilities. The burden of proof should also be shifted from victims to companies with clearer minimum standards on what evidence businesses should make accessible. Supporting cross-border cases better: The EU should provide guidance so there is a common understanding across member states on how to proceed with cross-border cases. This could include drawing on how environmental cases are treated, by allowing exceptions to existing rules. This would ensure high enough EU-level damages are awarded to deter businesses from abuse in countries that can be more lenient towards business. Using criminal justice systems: The EU should promote the greater use of existing EU laws that cover corporate crime in relation to business and human rights. This could include EU-wide data collection on complaints and compensation, training, improving the human and financial resources of law enforcement to tackle such crime as well as guidance for victims in claiming for damages in criminal procedures. Providing alternatives through non-judicial remedies: The EU should strengthen non-judicial mechanisms by creating minimum standards that also allow collective redress, by establishing well-resourced national contact points to advise victims on remedies and by encouraging companies to create their own grievance mechanisms. Improving transparency and data collection: The EU should encourage Member States to develop action plans that include access to remedies and clear indicators to measure achievement. The EU should also provide information on available remedies, how they work and perform, possibly with comparative assessments and coordination across the region. Establishing EU-wide networks to share knowledge, guidance and best practices would also help. In addition, the EU should publish information from companies which must disclose the impact of their work on rights under EU law. The opinion also advises the European Council on how the EU can improve access to remedies for victims of rights abuse by businesses.
It aims to contribute to growing awareness of the need for the EU to do more to strengthen access to judicial and non-judicial remedies.
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