Obligaţiile de diligenţă în materie de durabilitate a întreprinderilor
Corporate sustainability due diligence obligations

Summary/Abstract: On 23 February 2022, the European Commission adopted a proposal for a Directive on the sustainability due diligence of companies, aimed at encouraging sustainable corporate behaviour and the uptake of human rights and environmental obligations in their value chains, the proposed legislative instrument ensuring, through the legal construction retained, that companies should address the negative impacts of their actions. The novelty of the legislative intervention at EU level, the first legally binding instrument in this area, will give more emphasis to the European Union and a global voice in the context of policy developments on due diligence requirements. The regulatory option proposed by the European Commission also builds on the benefits of existing standards, UNGPs or OECD frameworks, but wants to go beyond the stage of voluntary principles that sometimes do not lead to adequate risk and impact management and do not sufficiently drive the behavioural changes needed to move towards sustainability In addition, due to the increasing complexity and global nature of supply chains, it is difficult for companies to obtain reliable information on suppliers' operations. As this is an introductory presentation of the proposed directive, will be limited for the time being to an acquaintance exercise with the directions of the text, placing its architecture both in the broader context of policy interventions initiated at EU level and within a framework of jurisprudential reflections on how to address the impact of business activities on human rights or the environment.

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