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Year: 2026
Issue: 3
Volume: 106
Author Names: Elena Alina MARICHESCU
Abstract: The recognition of the right to a healthy environment as a constitutional principle represents one of the most significant evolutions of contemporary legal systems. Simultaneously, European Union law has undergone a profound transformation through the adoption of Directive (EU) 2024/1760 on corporate sustainability due diligence (CS3D), which shifts the regulatory paradigm from voluntary corporate social responsibility toward binding obligations. This paper examines the interaction between constitutional environmental rights and corporate due diligence obligations, highlighting the processes of antinormativity that connect constitutional law, EU law, and transnational regulatory frameworks. It argues that the constitutionalising of environmental protection contributes to the normative foundation of corporate sustainability duties, reinforcing the preventive function of due diligence mechanisms. The analysis explores how soft law instruments — particularly the UN Guiding Principles on Business and Human Rights and the OECD Guidelines — have influenced the emergence of binding EU legislation, thereby reshaping the legal understanding of corporate responsibility. Special attention is given to the environmental and climate dimensions of due diligence, as well as to the evolving standard of corporate conduct. Ultimately, the study demonstrates that corporate due diligence obligations may be understood not merely as regulatory compliance tools, but as legal expressions of fundamental constitutional values
DOI: https://doi.org/10.62838/cjjc-2024-0085
Pages: 13-22