Our key takeaway: EU Justice Commissioner Reynders has made clear that the EU CSDD Directive is a baseline, and that Member States can choose to go beyond. But wouldn’t this lead to the exact fragmentation and lack of legal certainty for companies that this directive was intended to tackle? Our view is that the closer this directive can be to the international standards it seeks to build on, i.e., the UN Guiding Principles on Business and Human Rights and the OECD Guidelines on Multinational Enterprises, the better it will be for business since this will become a meaningful EU standard and Member States won’t need to go beyond. Plus this will be more impactful for those people companies could impact – the people intended to be at the heart of the directive. So alignment is win-win. In addition, we are in a world striving for net zero. The directive should enable business to tackle the intersection of environmental, climate and human rights issues in a meaningful and holistic way. 2022 is the year of negotiations, so we encourage all companies to add their voice to alignment and meaningful due diligence. A brief overview of the directive is here, and we have covered a list of commentary in the past here. Today we highlight two additional commentaries for you.
The Danish Institute for Human Rights has released ‘Legislating for Impact: Analysis of the proposed EU Corporate Sustainability Due Diligence Directive’. The Institute for Human Rights and Business (John Morrison) and the Business & Human Rights Resource Centre (Phil Bloomer and Johannes Blankenbach) have released ‘Human Rights Due Diligence and Corporate Boards: Reflections on European Commission Proposals Relating to Director Duties and Board Oversight’.