Date: 2024
Type: Working Paper
The CSDDD : beyond remedies in civil litigation?
EUI, LAW, AEL, Working Paper, 2024/25, European Society of International Law (ESIL) Paper
TOUW, Nicky, The CSDDD : beyond remedies in civil litigation?, EUI, LAW, AEL, Working Paper, 2024/25, European Society of International Law (ESIL) Paper - https://hdl.handle.net/1814/77305
Retrieved from Cadmus, EUI Research Repository
The Corporate Sustainability Due Diligence Directive (CSDDD) is an EU Directive that aims to harmonize the duties and standards of conduct for large corporations in relation to human rights and environmental impacts. It does so by incorporating and therefore モhardeningヤ the concept of human rights due diligence as developed in the United Nations Guiding Principles on Business and Human Rights (UNGPs). There has been much debate about the effectiveness of the enforcement mechanisms and their set-up as adopted within the CSDDD; especially the civil liability regime ヨ and the level of procedural harmonization ヨ has been the subject of criticism. This paper adds another dimension to these debates. It is argued that so far there has been insufficient attention to the goals of the civil liability regime within the CSDDD and how these move beyond only providing remedies to victims of corporate human rights violations. The concept of private enforcement in EU law allows the EU legislator to adopt measures of civil procedure, and also provides for additional legal arguments that will inform the level of procedural harmonization. Current debates on effectiveness focus mainly on the inequality of the parties. It is argued that this is a necessary but not a sufficient legal argument for the procedural measures that should be adopted. The goals of the civil liability regime beyond (compensatory) remedies to also expose corporate human rights violations more broadly and interpret the obligations of corporations in practice provide necessary additional legal arguments for the rules that have been adopted and more importantly for how they should be implemented and adopted at the national level.
Cadmus permanent link: https://hdl.handle.net/1814/77305
ISSN: 1831-4066
Series/Number: EUI; LAW; AEL; Working Paper; 2024/25; European Society of International Law (ESIL) Paper
Publisher: European University Institute