Articles for category: AAA General

The Corporate Sustainability Due Diligence Directive beyond Europe

The CSDDD is a game changer that forces a large number of European States to level the legislative landscape with regard to corporate responsibility for human rights and environmental impacts, as well as in relation to liability and access to justice. And yet, its reach throughout global “chains of activities” will most likely bring important hurdles for implementation including in relation to the scope of human rights covered in practice; the need for effective capacity-building in transnational chains of activities; the need for a more proactive dialogue and cooperation between the EU and other States; and last but not least, in ensuring consistency between the national implementation of the CSDDD and international and regional human rights obligations.

14. Juni 2024

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Reframing Harassment as Occupational Safety and Health Issue

In 2019, the International Labor Organization adopted the Convention No. 190 on Violence and Harassment at Work. The convention has been dubbed a milestone, since it implements a duty of each member state to address this topic through “an inclusive, integrated and gender-responsive approach”. This duty will apply to Germany from the 14th of June, when the convention enters into force. At the event of ratification, the German government expressed its opinion that “in order to meet the requirements of the Convention, no additions to national legislation are necessary.” We will demonstrate that this does not hold true.

13. Juni 2024

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Voting for the Government-in-Exile

So far, democracy in Belarus has struggled to establish itself within the country. After the protest movement in 2020, Sviatlana Tsikhanouskaya went into exile where she and her supporters have been trying to penetrate the firm autocratic regime of Alexander Lukashenka. On June 8, the results of the elections for the Coordination Council – an exiled substitute assembly for the in situ Belarusian Parliament were announced. Less than 7,000 people participated in the vote. Despite the considerable efforts to mobilise the voters for the Coordination Council, the exiled opposition has failed to secure any meaningful turnout and thus its much-needed further democratic legitimacy.

13. Juni 2024

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The EPPO as a Domesticated Cat

The European Public Prosecutor’s Office (EPPO) has just celebrated the third anniversary of the start of its operations. “I am sure you will soon see [the EPPO] is anything but a ‘toothless tiger’”, said Laura Kövesi in an interview in 2021. Sadly, in Bulgaria, a country frequently shaken by scandals implicating abuses of EU funds and known for rampant corruption, the EPPO reminds of a domesticated rather than a fierce wild cat.

13. Juni 2024

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Legitimizing Heresy through Law

In the heart of Europe, a troubling commemoration persists. On May 18, Croatia observed a remembrance day that honors the memory of those killed in Bleiburg in 1945 – a group that included members of the Ustasha movement, a Nazi collaborationist faction during WWII. Established by law, this memorial day controversially depicts Ustasha as fighters for Croatia’s freedom and independence. Such a narrative not only distorts historical facts but dishonors the memory of the victims of Ustasha atrocities. Additionally, it affirms values contrary to the country’s Constitution and fails to align with international standards on memorialization and the EU politics of memory.

13. Juni 2024

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Between Continuity and a Perforated ›Cordon Sanitaire‹

Fears of a radical right-wing wave dominated the debates leading up to the European Parliament (EP) elections. As the final votes are tallied across the 27 EU Member States, it has become evident that the predictions of pre-election polls have partially come true: Far-right parties secured about a quarter of the popular vote. What are the implications? While the current results likely indicate by-and-large continuity in the European Parliament, including an ongoing shift to the right on contested issues such as migration or climate policy, they had heavily disruptive consequences on the national level, which in France has resulted in snap parliamentary elections. This will have pronounced impact on the balance of power in the (European) Council and on the EU as a whole.

13. Juni 2024

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The Unintended Consequences of Mandatory Due Diligence

The EU Corporate Sustainability Due Diligence Directive (CSDDD) seeks improvements in companies’ societal impacts but carries risks of negative impacts, including on the developing countries where some supposed beneficiaries are located. Does the CSDDD recognise and mitigate such risks? The blog identifies provisions in the CSDDD that address the unintended consequences that mandatory human rights and environmental due diligence requirements might have in developing countries.

13. Juni 2024

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Two Steps Forward?

On May 25 2024 the Advocate General Nicholas Emiliou delivered his opinion in the Case C-406/22 CV v Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky on several issues regarding the application of the safe country of origin (SCO) concept. The case could have significant impact on SCO policies of several EU Member States and the rights of refugees as it addresses the possibility of designating countries as safe with territorial exceptions as well as a more active approach to judicial review of SCO designations. If adopted by the CJEU, the AG’s suggestions could serve to enhance refugee protection, though the adoption of the Pact on Migration and Asylum might possibly counteract this.

12. Juni 2024

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More of the same or true evolution?

While rights holders are not expressly mentioned as a group of stakeholders in CSDDD, the adoption of this important legislation creates a significant opportunity to involve rights holders to define how the content of the stand-alone article on stakeholder engagement can be filled with legal meaning by soliciting them directly.

12. Juni 2024

Should a Convicted Felon be the Next President of the US?

On Thursday, May 30th, 2024, former President Trump was convicted in New York City by a jury of thirty-four criminal charges consisting of falsifying business records with the intend to deceive. Regardless of his tirade against the American legal system, he stands as a convicted felon unless he could prove otherwise on appeal. This is an unprecedented conviction. Mr. Trump is the first American president who has been criminally convicted. Lamentably, the republican establishment continues to stand by the former president and to question the legality of this trial thereby challenging the integrity of the rule of law.

11. Juni 2024

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