Filip Gregor
Head of the Responsible Companies Team
The European Parliament approved last weekthe proposed college of Commissioners. Věra Jourová successfully faced the public grilling and will become the Commissioner for Justice, Consumers and Gender Equality. Due to the shift of competencies within the Commission, Ms. Jourová will have an opportunity to influence the governance and rules of the game for multinational corporations.
As part of the re-organization of the European Commission, a surprising and crucial change was made. Corporate Governance and Social Responsibility was removed from Directorate General for Internal Market and Services and transferred to Jourová’s Directorate for Justice. The British Institute of Directors, as well as its European equivalent, protested against the move. The purpose of the rules set in this area is to ensure, in the words of the IoD, that both small and giant companies are healthy, competitive and behave ethically.
After the 2008 financial crisis, the current model of corporate governance built on the maximization of shareholder value was criticized by many as a root cause of the crisis and a source of many undesirable behaviors such as fixating on short-term financial goals, accounting manipulation, avoiding tax duties and the inability of big corporations to behave responsibly towards their employees, consumers and society at large. According to various analysts, this behavior is destructive for corporations and the economy as a whole.
European states are struggling to deal with the macro-economic consequences of the crisis and considering potential reforms of the financial market. At the same time, the European Commission – and Ms. Jourová's department specifically – faces another great challenge: how to react to the causes of the economic crises, which are deep-rooted in our current approach to corporate governance. The good news is that relevant experts from business, academia and civil society have already started to discuss ways forward. At the EU level, this discussion is organised in particular by the “The Purpose of the Corporation” Project.
A second great challenge for the new Commissioner will be harmonization of access to justice. The last Commission discussed, for example, an EU initiative on collective redress in consumer and anti-competitive cases. A new dimension to this discussion added three years ago was the unanimous endorsement of the Guiding Principles for Business and Human Rights by all 47 members of the United Nations Human Rights Council. One of the three pillars of these principles is ‘Access to Justice’. EU Member States and the Commission have announced their commitment to implement them. At the European Commission, it should be Věra Jourová's Directorate General for Justice that will be responsible for this process. The Commissioner would be well-served to benefit from the existing debate in this field.
A conference hosted at EU Parliament on 12 November will present the results of the expert report “The Third Pillar: Access to Judicial Remedies for Human Rights Violations by Transnational Business” and engage participants in a discussion of the potential solutions to improve access to justice in the EU for business-related abuses of human rights and the environment. More information here.
Filip Gregor, Head of the Responsible Companies section, Frank Bold
Paige Morrow, Head of Brussels Operations, Frank Bold
The European Parliament has adopted the Corporate Sustainability Reporting Directive (CSRD), which clarifies transparency obligations for large companies operating in the EU on their sustainability impacts, risks, and opportunities. Pursuant to the CSRD, companies across all sectors will report against the European Sustainability Reporting Standards, which were developed by the European Financial Reporting Advisory Group (EFRAG), submitted to the European Commission and published on 22 November.
NGOs and civil society groups will only support an ambitious first set of sector-agnostic ESRS that closely builds on the EFRAG drafts adopted last November. They urge the Commission to follow EFRAG’s technical advice alongside 60+ companies and investors worth 651bn USD, and caution against making significant changes at this stage, as this would risk discrediting the process so far and undoing a good compromise.
Governments turning a blind eye to Illegal lignite mining in Turów: Local communities and the environment suffer.
