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Towards EU-wide Mandatory Human Rights and Environmental Due Diligence for Business: A Breakthrough in Europe and Beyond?

Authors: Jędrzejowska-Schiffauer, Izabela; Szoszkiewicz, Łukasz; Wilde-Ramsing, Joseph; Booth, Katharine; Barraud de Lagerie, Pauline; Faracik, Beata;

Towards EU-wide Mandatory Human Rights and Environmental Due Diligence for Business: A Breakthrough in Europe and Beyond?

Abstract

In March 2022, the European Commission presented its long-awaited legislative proposal on the EU-wide human rights and environmental due diligence (HREDD) for business. This article argues that the proposed Directive fails to be an effective and innovative legislation in three respects. Firstly, it does not draw lessons from the shortcomings of the to-date regulatory policy relating to business and human rights. It mainly consolidates at the EU level the status quo of extant due diligence legislation in Europe. Secondly, the proposal falls short of the established international standards and its own objectives insofar as it fails to establish instruments for effectively preventing and remedying human rights and environmental harm. Thirdly, the proposal's normative preference for process- (rather than result-) oriented HREDD risks reducing it to yet another compliance instrument. Beside amending these shortcomings, to achieve a breakthrough, the upcoming legislation should in any case define HREDD as the legal standard of care; the compliance with which does not per se exclude civil liability. The general negotiation approach of the Council is not proposing much improvement in that regard. The stakes for the European Parliament's possible role to raise the bar are thus very high.

Country
France
Keywords

corporate accountability, 340, Sociologie économique, 306.3, 320, human rights due diligence, [SHS]Humanities and Social Sciences, human rights and environmental due diligence, UN Guiding Principles on Business and Human Rights, [SHS] Humanities and Social Sciences

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average