BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

measures. 45 A comprehensive strategy concerning business and human rights has to include both levels, i.e. the Union level as well as the level of national implementation. All Member States are bound by key EU directives having a business and human rights dimension. When the European Commission monitors the implementation of those directives (and other related EU norms) it may take into account the UN standards, and thus significantly influence the Member States approach towards the Guiding Principles. 3.3 The European Union and the implementation of the UN Guiding Principles On the European level, also the Council of Europe (CoE) is getting involved into the problem of business and human rights. The CoE’s Committee of Ministers, in March 2016, adopted a Recommendation on Human Rights and Business 46 that deals with several crucial aspects of business-related human rights abuses. Besides implementation measures related to the UN Guiding Principles and tools for the protection of specific vulnerable groups, special emphasis has been placed on the issue of effective remedies which shall be available to the victims of human rights violations. The Recommendation calls upon CoE Member States to provide for judicial mechanisms addressing civil and criminal liability for business-related human rights abuses. In addition, non-judicial tools and the issue of judicial cooperation with third countries shall be considered. Three months later, in June 2016, the EU Council issued Council Conclusions on Business and Human Rights 47 which fully support the UN Guiding Principles. The EU Council recalled that Member States have taken the lead internationally on developing and adopting National Action Plans. According to the Council, the European Commission intended to launch an EU Action Plan on Responsible Business Conduct in 2016. In fact, such an action plan has not been adopted so far. Nevertheless, there are a number of similar documents that directly or indirectly relate to the issue, such as e.g. the European Commission Green Paper on Corporate Social Responsibility of 2001 and the so-called European Instrument for Democracy and Human Rights (EIDHR) which is funding projects in the area of human rights, fundamental freedoms and democracy in non-EU countries. Several legislative instruments of the EU have a relevant impact on business and human rights. In 2014 the European Parliament and the Council adopted Directive 2014/95/EU which concerns the disclosure of non-financial and diversity information and requests large companies, banks, and insurance companies to disclose information on the human rights risks of their policies. According to the EU Directives on public procurement and concessions 48 public authorities shall take into account human rights concerns, especially child labour and human trafficking. 45 AUGENSTEIN, D., DAWSON, M., THIELBÖRGER, P. The UNGPs in the European Union: The Open Coordination of Business and Human Rights? Business and Human Rights Journal , 3 (2018), pp. 1-22. 46 CM/Rec(2016)3. 47 Council Conclusions on Business and Human Rights , Doc. 10254/16, 20 June 2016. 48 Directives 2014/24/EU, 2014/25/EU and 2014/23/EU adopted on 26 February 2014.

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