What do you need to consider when expanding internationally? Prof. Antonino Longo offers three pieces of advice and changes the EU must implement.
What are your three pieces of advice for clients who want to commercially expand internationally?
My three pieces of advice for clients who aim for expanding internationally their enterprise are:
- To focus on tax and labour law of the countries of destination and decide to invest on the one that ensures the best benefits;
- To strengthen and increase the value of the company's intangible assets such as trademarks, trade secrets, patents, know-how, etc.;
- To implement strategies of e-commerce (if the company sells products or services on line) or to develop a structured website in order to respond to a wide spectrum of requirements within the company’s competences.
As Professor of European Union Law, what are changes you think ought to be imminently implemented?
We need to implement, quickly and effectively, a system that includes:
1) The elimination of tax asymmetries that determine advantages of some member countries over others in attracting foreign direct investments;
2) A single banking and military defence policy;
3) The authoritative and univocal development of bilateral and multilateral trade agreements that protect all the member countries of the European Union compared to the big global players.
What do you think is the most challenging aspect of being a Supreme Court lawyer? How do you overcome this challenge?
In Italy, the Supreme Court is at the top of the ordinary jurisdiction; between the main functions is to ensure “the exact observance and uniform interpretation of the law, the unity of the national objective law, compliance with the limits of the various jurisdictions."
Exercising the profession as a Supreme Court lawyer gives me the opportunity to confront with the highest judicial body, entrusted with the role of guaranteeing uniformity at national level in the interpretation and application of the rules that form the Italian legal system.
One of the key features of its mission and unifying nomophylactic essentially aimed at ensuring certainty in the interpretation of the law is the fact that, in principle, the current rules do not allow the Supreme Court to know the facts of a case unless they prove by deeds already obtained in proceedings in the pre-trial stages, and only to the extent that it is necessary to know in order to assess the remedies that the law allows you to use to motivate an application at the Court.
According to article 111 of the Constitution every citizen may appeal to the Supreme Court for violation of the law against any decision of the judicial authority, without issuing any appeal in civil or criminal, or against any measure restricting personal freedom.
The Court of Cassation is also assigned the task of establishing jurisdiction (indicates, when you create a conflict between the ordinary courts and the special, Italian or foreign ones, which has the power to treat the cause) and the competence (to resolve a conflict between two lower courts).
The Supreme Court also performs non-judicial functions relating to elections and referendum for the repeal of laws.
Avv. Prof. Antonino Longo
LONDON
1 Canada Sq. - E14 5DY
Tel. +44 (0) 2077121500
ROME
Viale Liegi, 58 - 00198
Tel. +39 06 4551194
Graduated with honours at the University of Catania, Prof. Antonino Longo continued his studies abroad, specializing in Administrative Penal Law at the Catholic University of Tilburg (NL), in International Commercial Law at King’s College, London (UK) and Suffolk University Law School of Boston (MA – USA), in European Private Law at Humboldt Universitaet in Berlin and in Energy Law at LUISS Guido Carli, Rome.
Author of more than sixty scientific publications and six books, he is professor of Town Planning Law and Public Contracts and he has been professor of European Union Law, Labour Legislation and Energy Law at the University of Catania.
As Supreme Court lawyer, he is one of the founding partners of the Firm FLA (Floresta, Longo e Associati).
FLA is a professional association of lawyers, tax and labour consultants, characterised by the competence to offer assistance and consultancy, both extrajudicial and in court, in criminal, civil, administrative, tax and labour cases, to Italian and foreign companies, and public bodies.
By being offered a multidisciplinary approach and a complete and integrated range of highly professional services, our clients are able to concentrate all the requirements regarding the management of their enterprise in a sole entity.