La propuesta de Directiva europea sobre diligencia debida. Reflexiones de Derecho del Trabajo y de Derecho Internacional Privado (di Angelica Bonfanti, Vania Brino)

The European system is a particularly fertile and advanced framework on the issues of the protection of human rights —in particular of rights and fair conditions at work— in the context of business activities. The Proposal for a Directive on corporate sustainability due diligence, adopted by the European Commission on 23 February 2022, represents a decisive step towards making companies responsible along the global value chain. In this perspective, the authors intend to examine some central aspects of the Proposal, such as the object of the due diligence and the actions aimed at preventing the risk; the extension of the scope of application; the systems of sanctions, liability regimes and remedies provided for violations of the due diligence obligation and the perpetration of human rights abuses. On these premises, the paper intends to question the scope and criticalities of the Proposal, and in particular on the possibility that due diligence can now be considered the regulatory tool that brings back to the system, rationalizes and empowers companies in the complexities of the present time.