In the recent years, Member States alongside the European Union have adopted a variety of standards and legislation promoting a responsible business conduct through the respect of due diligence obligations. Yet, this patchwork of legislation has inevitably led to an uneven level playing field for undertakings and failed to provide effective access to justice for victims of corporate human rights and environmental violations.
With the publication of a proposal for a Directive on Corporate Sustainability Due Diligence, the European Union now aims to shape a more coherent and general due diligence framework, pressing Member States to rethink their legislation. Nonetheless, it still remains unclear how this general framework will be enforced by Member States and undertakings in practice.
In the wake of the European negotiations, it is crucial to unravel the main stumbling blocks the European Union and Member States may face when adopting and enforcing a comprehensive due diligence legislation. **Drawing on a comparative analysis of national and European legislation and caselaw, this article provides an oversight of the key issues encountered by Member States and the European Union in practice, in order to enhance the legal discussion and support effective legal developments at the European and national level.
European Business Law Review