Brussels in criticism
Lawyer Di Fabio: Sustainability rules legally questionable
Europe wants to promote climate protection and human rights. There are sustainability regulations. But may they violate fundamental rights?
According to the former Federal Constitutional judge Udo di Fabio, the European sustainability provisions for companies are constitutionally questionable. In an expert opinion for the Familienbetrieb Foundation in Munich, the prominent lawyer argues that the manner of regulation leads to “considerable legal methodological problems”. Di Fabio refers to guidelines on climate neutrality, human rights and resource consumption.
Sustainability rules too vague
Di Fabio is a specialist in constitutional law and teaches at the University of Bonn; He belonged to the Federal Constitutional Court from 1999 to 2011. In particular, he criticizes that the obligations of the companies are indefinite on the one hand, but on the other hand threatened punishments and threatens. In it, the lawyer sees nerding interventions in the entrepreneurial freedom protected by the EU fundamental rights charta.
Di Fabios argumentation amounts to the fact that a number of sustainability regulations are “rubber pegs”, which meant legal uncertainty for companies. Moral standards should not lead to liability risks without clear legal obligations. First, the “Handelsblatt” reported on the report.
German Supplier Act under criticism
Di Fabio gives the German supply chain law and the European supply chain directive as examples. For example, the obligation to review the human rights situation is not appropriate for a raw material supplier of the supplier of office materials. With the entry into force of the European supply chain guideline, compared to the German supply chain law, “the extent of indefinence did not reduce itself, but also enlarged”.
Foundation family business demands repentance
The EU Commission has now announced that the package “Omnibus” simplify and reduce regulations. Di Fabio is skeptical: whether this is a real repentance or only a half -hearted react to the critical objections that are becoming louder will show the future.
In any case, the family business Foundation as a client demands a reversal: “Many of these well -intentioned regulations have not turned out to be well made,” criticized Board of Directors Rainer Kirchdörfer.
dpa
Source: Stern
