Duty of vigilance, human rights, environmental risks, corporate social responsibility, CSR, vigilance plan, stakeholder involvement, judicial control, French law, company obligations
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Abstract
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Abstract
The duty of vigilance law imposes obligations on companies to prevent human rights and environmental risks. Its implementation is complex due to imprecise legislative framework.
Extract
[...] The unprecedented obligations imposed by this new, however, lacuna legislation have not had the effect of ensuring effective application of the duty of vigilance. While the introduction of the duty of vigilance, the contours of which remain uncertain, has imposed various obligations on certain companies this new legislative framework has nevertheless encountered several difficulties in its application (II). I. A pioneering but imprecise legal framework The new obligations imposed by the duty of vigilance however raise difficulties of interpretation due to their uncertain and nebulous character A. [...]
[...] In this regard, the civil liability action based on Article L.225-102-5 of the Commercial Code (Doc. remains limited due to the specific conditions of the action for breach of the duty of vigilance (Doc. 12) and the complexity related to the identification of the entity to be assigned (Doc. 16). However, the limits of judicial control of the duty of vigilance would be likely to be contained in view of the possible establishment of an administrative authority dedicated to the implementation of this regulation (Doc. 5). [...]
[...] This imprecise legal framework has led to a complex implementation of the duty of vigilance, placed under a control nonetheless limited by the judge. II. The delicate implementation of the duty of vigilance Although the participation of stakeholders in the vigilance plan compensates for legislative imprecision breaches of the duty of vigilance remain subject to limited judicial control A. The importance of stakeholder involvement Consecrated as an imperative to the development of the vigilance plan by case law, the stakeholder consultation aims to strengthen the effectiveness of the duty of vigilance and limit disputes related to the plan (Doc. [...]
[...] It thus allows for the observation of a delay or irregularity in the execution of obligations and the establishment of a dialogue to remedy it, particularly in light of the absence of specific deadlines and methodologies provided by law (Doc.3). The collaboration of stakeholders thus promotes a dialogue aimed at ensuring the coherence of the duty of vigilance and anticipating any potential difficulties (Doc Doc. 1). B. A restricted control by the judge Brought before the Paris Judicial Court (Doc. the action related to the duty of vigilance can be brought before the judge of the facts or of referrals. However, the limited control of the judge of referrals restricts the scope of his intervention (Doc. 5). [...]
[...] A duty of vigilance with uncertain contours In addition to a field of application that could be more precisely defined (Doc. the law on the duty of vigilance does not define a direct framework or a specific method for implementing the obligations it establishes. The application of this new flexible but imprecise legal framework relies on the implementation, by the companies subject to it, of 'reasonable measures' deemed necessary to achieve the set objectives (Doc. 1). Therefore, in the absence of precise directives on the application of the duty of vigilance, the judge is required to circumscribe its contours and the requirements related to its implementation in decisions based on a subjective assessment of the vigilance plan put in place (Doc. [...]
