Corporate Sustainability Due Diligence: Is there a Legal Basis for the Proposed Article 15?

7 Pages Posted: 6 Apr 2022

See all articles by Søren Friis Hansen

Søren Friis Hansen

Copenhagen Business School - CBS Law

Troels Michael Lilja

Copenhagen Business School - CBS Law

Date Written: April 4, 2022

Abstract

On 23 February, the Commission published a proposal for a directive on Corporate Sustainability Due Diligence. The Commission’s draft for the Directive raises several issues. Here, we will provide some initial comments regarding some of the material problems raised by Article 15 of the draft, which is titled ‘Combating Climate Change’. The question is whether the provisions contained in Article 15 interfere with the property rights of the shareholders, and whether there is a legal basis in the Treaties for the proposed Article 15 of the draft for the Directive presented by the Commission in its current form?

Keywords: Corporate Sustainability Due Diligence, Climate Change, Property Rights, Shareholder

JEL Classification: Q58, K32, K22

Suggested Citation

Friis Hansen, Søren and Lilja, Troels Michael, Corporate Sustainability Due Diligence: Is there a Legal Basis for the Proposed Article 15? (April 4, 2022). Copenhagen Business School, CBS LAW Research Paper No. 22-01, Available at SSRN: https://ssrn.com/abstract=4075097

Søren Friis Hansen

Copenhagen Business School - CBS Law ( email )

Porcelaenshave 18B, 1
Frederiksberg 2000
Denmark

Troels Michael Lilja (Contact Author)

Copenhagen Business School - CBS Law ( email )

Porcelaenshave 18B, 1
Frederiksberg 2000
Denmark

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