Article
French
ID: <
10.4000/revdh.2970>
·
DOI: <
10.4000/revdh.2970>
Abstract
The French law proposal relating to the duty of care of parent and contracting companies could significantly strengthen the protection of human rights and the environment along their global business and supply chains. Indeed, it would require large transnational corporations to implement a “vigilance plan” (report of risks and due diligence procedures) in order to prevent serious harms. In case of failure and/or prejudice, a deterrent injunction procedure and/or a civil liability are foreseen. However, this text is very controversial. Opponents criticize its legal uncertainties and the endangerment of the French economy. This contribution will discuss these arguments and try to analyze the conformity of the law proposal with constitutional principles of legal nature (principle of clarity, of lawfulness of criminal offenses and penalties, of responsibility) as well as economical nature (equity in terms of public burdens and entrepreneurial freedom).