Freedom to conduct a business: exploring the dimensions of a fundamental right

Today the European Union Agency for Fundamental Rights (FRA), for whom HRLC is the UK Contractor, published a report on Freedom to conduct a business: exploring the dimensions of a fundamental right. As one of the lesser known rights of the Charter of Fundamental Rights of the European Union, the meaning of freedom to conduct business is examined in the report. The UK contribution was authored by Professor Jeff Kenner, HRLC Member and currently Project Leader for FRAME.

The report also provides an exploration into the practical application of the right, both in general and in relation to specific population groups. The findings show that, while a number of initiatives related to the freedom to conduct business have been implemented at both the EU and national level, entrepreneurs often face long and complicated administrative procedures, time consuming reporting obligations, and difficulties in accessing credit. Additionally the research revealed that women, youth, migrants and people with disabilities are under-represented among those exercising this right and that they often face additional hurdles in realising their right to freedom to conduct business.

In the UK context the report notes that there are no explicit references to the freedom to conduct business in the legislation or case law of the UK however related rights, such as the right to property and freedom of contract, are firmly rooted in UK law. Additionally the grants programme that is offered by the UK Government for the establishment and operation of businesses is identified as a promising practice.