Renegotiations of EU sustainability law: constitutional constraints and missed opportunities

Negotiations are currently underway within the EU regarding changes to the EU sustainability legislation. These negotiations follow the so-called Draghi Report on EU competitiveness, which was followed up by the Commission’s Clean Industry Deal and the related proposals – the Omnibus – aimed at simplifying the sustainability framework.

Cirio’s legal experts in sustainability have conducted analyses and developed proposals related to the suggested changes and the ongoing negotiations. Overall, it is assessed that important legal and constitutional perspectives have not been sufficiently addressed.

Executive Summary – Cirio papers on Omnibus proposals
This document presents a brief summary of the content of the three Ciiro papers published here.

Questions and Answers
This document provides the busy reader with quick questions and answers regarding the three papers published here. Find out who Cirio is, what is our purpose of publishing the papers, why we believe the Omnibus proposals may face severe Charter challenges and more.

The Legal Validity of the Omnibus Package
This paper contains Cirio’s analysis of the constitutional constraints applicable to the Omnibus negotiations. Since many of the proposed amendments affect fundamental rights under the EU Charter, the changes must meet the criteria of Article 52(1) of the Charter.

Symptom Relief vs. Cure: Why the EU’s Omnibus Falls Short—and How to Fix It
This document contains Cirio’s overarching analysis of the Omnibus proposals, which points out, among other things, that the proposed changes largely appear to be based on an insufficient analysis of the root causes of what is perceived as overregulation. An alternative approach, better meeting the needs of both rule of law and EU competitiveness is presented.

ESRS Set 1 revisions
This document includes Cirio’s consultation response to EFRAG regarding the proposed revisions to the European Sustainability Reporting Standards (ESRS). Here, we show how a principled approach to an ESRS reconstruction can substantially clarify and reduce burden without losing the core values of the CSRD.