Fundamental rights and European Union Law

Companies and public authorities have seen the need to advance toward digitalisation, using new technologies in their daily work. However, these processes sometimes start without considering the need to protect the fundamental rights inherent to all persons increasingly exposed to new dangers.

This scenario makes preventive advice an essential resource, and the advice must be based on an in-depth knowledge of the case law of the European Court of Human Rights, the European Court of Justice and the new Constitutional Court. Furthermore, legislation on rights and digitisation, sometimes late, is becoming more and more abundant and arriving from different areas of regulation.

The protection of fundamental rights is particularly complex due to its cross-cutting nature. Companies and Administrations find themselves needing advice regarding their daily activities, ethics, and the need to respect fundamental rights in numerous areas. Our fundamental rights team can advise you in different areas:

Services in the field of litigation

• Advice preparing appeals of unconstitutionality before the Constitutional Court (TC).
• Claims before the European Court of Human Rights (ECHR). Advice on the exhaustion of internal remedies.
• Advice on the request for a preliminary ruling before the Court of Justice of the European Union – CURIA/questions of unconstitutionality before the Constitutional Court.
• Monitoring conventions and international standards.

Services to companies

• Compliance with specific analysis of respect for fundamental rights.
• Strategic advice on fundamental rights and EU law (corporate liability): prevention (ex-ante control, planning proactive management of risks related to fundamental rights as a tool) and audits (ex-post control).
• Design and implementation of complaint channels.