SCOTT CROSBY : Avocat, Brussels

This website is being revised as a result of changed circumstances. There are still inconsistencies. They will be removed presently.

Circumstances have changed and I have adjusted my personal and professional life accordingly.

Professioanlly speaking, I have, over the past dozen years or so,  become increasingly involved in resisting denials of fundamental human rights in Belgium, Estonia, France, Germany, Italy, Romania, Spain, Turkey, Ukraine and the UK. This has led to an expanding human rights practice, which has been creating problems in a law office geared to corporate clients.

Personally speaking, I have had no choice but to react to the dysfunctioning of the UK Parliament and to the age old and manifest shortcomings of the UK's constitutional arrangements, whereby Westminster can override fundamental and/or acquired rights by invoking the doctrine of Parliamentary sovereignty, a doctrine which also blinds Parliament to its duties to respect  the  international treaties by which such rights are created or recognised, such as the Belfast Agreement.

For these reasons, I have, in January 2019, resigned from Kemmlers, which will be wound up in the next few months and I became a Belgian citizen and a full member of the Brussels Bar in 2017. At the same time I resigned as a practising member from the Law Society of Scotland.

Henceforth I intend to concentrate on the following:

i) Developing further the New Journal of European Criminal Law, of which I am the founder and editor-in-chief; one of the prime functions of the Journal is to contribute to the harmonisation of intra-European criminal law, without which applying the principles of mutual recognition and mutual trust, which repose on the proper application by all EU  Member States of the ECHR, is problematical;

ii) Chairing the Human Rights Committee of the European Criminal Bar Association;

iii) Teaching human rights law because the ultimate unit of all law, including international and, by extension, EU law, is, according to Lauterpacht, the individual, and because to entrench this fundmental principle, all states, without exception, must be subject to international human rights jurisdiction, be it by courts set up under regional human rights conventions or the UN Human Rights Committee, set up to enforce the International Convention on Civil and Political Rights;

iv) Advising on human rights law and where appropriate litigating human rights cases;

v) Radical UK constitutional reform;

vii) Writing in and about my various fields of interest.

To the greatest extent possible, I intend to work to my own timetable. This is not commensurate with practising  in legal chambers, another reason for resigning from Kemmlers.  As a result I  am now working as a sole practitioner.

This does not mean working in isolation. On the contrary, I retain my extensive network of lawyers and law firms and will continue to draw on their experience, skills and wisdom wherever necessary. 

Within these parameters I will continue to work with corporations, public utilities, private companies, trade associations, NGOs,  governments, consulting firms, other law firms and individuals.

Previous court and quasi court experience before:

  • the General Court of the European Union
  • the Court of Justice of the European Union
  • the European Court of Human Rights
  • Competition regulators at EU and Member State level
  • the Belgian Courts (occasionally in cross-border or international cases and in cases with an EU or ECHR element)
  • UK - Scottish courts directly and English courts as instructing lawyer
  • Courts in other jurisdictions, such as Italy, Romania, Switzerland and Ukraine as instructing lawyer.

Previous advocacy and advisory experience in:

Competition law

  • compliance
  • cartels
  • abuse of dominance
  • merger control
  • civil enforcement (damages)
  • criminal liability

Law of safety

  • environmental protection
  • consumer protection
  • public health protection
  • civil protection
  • fishery protection

Law of public governance

  • transparency
  • limits of competence
  • good administration
  • failure to act

Criminal law

  • VAT and excise fraud
  • corruption
  • intra-EU matters (EAW, MLA)
  • Articles 3, 5 & 6, 7, 8, 13, 15, 41, P1-1 and even 10 ECHR
  • environmental crime
  • competition law crime
  • harmonisation of criminal law
  • long term individual sanctions

Cross-border and international trade law

  • internal market
  • trade law & dumping

Common Foreign and Security Policy law

  • individual sanctions

Human rights law

  • individual
  • corporate
  • collective