Environmental and Human Rights Due Diligence in the EU: Proposal for the Corporate Due Diligence Directive

Environmental and Human Rights Due Diligence in the EU: Proposal for the Corporate Due Diligence Directive

Peter Podgorelec
Copyright: © 2024 |Pages: 29
DOI: 10.4018/979-8-3693-2325-0.ch008
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Abstract

The proposal for a corporate due diligence directive foresees important material duties of companies and members of their bodies. One of these duties is the duty of certain larger companies to which the directive will apply to implement suitable measures to identify, prevent, and eliminate actual and potential adverse impacts on human rights and the environment throughout their value chain. Violations of due diligence will not only be sanctioned in the public-legal field, but also with civil-legal liability. The author draws attention to the problem of the indefinite definition of prohibitions, duties, and rights in international conventions on human rights and the environment, the violation of which is relevant for the emergence of the liability for damages. According to the author's opinion, courts, when specifying abstract provisions of international conventions, should take into consideration the local legislation, provided that a preliminary examination shows that the local legislation ensures adequate levels of protection.
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Methodology

In this chapter, classical research methods in the field of law are utilised: normative-dogmatic, comparative, and historical methods. With the assistance of grammatical, formal-logical, and systematic analysis (these analyses are employed within the framework of the normative-dogmatic method), the content of individual provisions of the CSDDD-P relating to environmental and human rights due diligence, including civil liability, is analysed. Based on this analysis, the fundamental legal characteristics of environmental and human rights due diligence, as well as deficiencies in the regulation of civil liability, are then identified. The comparative method is employed to compare individual legal institutions and to draw comparisons between European and national legislations. Through the historical method, the development of European legislation in the sustainability field is elucidated, from disclosures to requirements of a substantive nature. The CSDDD-P intervenes in the field of corporate law in pursuit of broader societal interests: environmental protection and the protection of human rights, not only within the society to which the CSDDD-P directly applies but also within dependent companies and those in the value chain. The justification for this intervention, labelled in the chapter as the politicization of corporate law, is primarily grounded in other author´s researches.

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