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March 25 Event: IBA ESG Conference Side Event Panel Debate - Sign up link included

IBA ESG Conference Side Event Panel Debate Principle of Non-Regression and the CSDDD

BRHLA News

Date: March 25, 2026

Time: 3:00 – 5:00 PM (CET) 

Location: Paul Hastings, 32 rue de Monceau, 75008 Paris, France

Registration: https://BHRLAPaulHastingEvent.eventbrite.co.uk

The BHRLA is pleased to collaborate with Paul Hastings to organize a panel debate on the principle of non-regression, firmly embedded in Article 2(1) ICESCR which mandates progressive realization of rights, and the Omnibus I, which lowers human rights protection as implemented by Directive 1760/2024 (CSDDD). Although the newly proposed Article 2(2) CSDDD embraces the principle of non-regression, it also states that especially the scope of national legislation may be adapted to the Directive (which may mean lowered). Obviously, the non-regression principle is not absolute, but requires strict justification, showing that regression is necessary and proportionate, and that alternatives have been considered but are not viable. 

The panelists will explore the relevance of this principle for national legislation in France, Germany, Norway, and the Netherlands and discuss their expectations regarding the adaptation of their national laws to the revised CSDDD. It may also be questioned whether the EU itself did violate this principle by watering down the previous directive.

Moderator:

  • Martijn Scheltema, Partner, Pels Rijcken; Co-chair, BHRLA, The Hague, The Netherlands (bio)

Discussants: 

  • Stéphane Brabant, Senior Partner, Trinity International LLP, Paris, France (bio)
  • Ophélia Claude, Partner, Paul Hastings, Paris, France (bio)
  • Isa Shillington, Associate, Wiersholm, Oslo, Norway (bio)
  • Thomas Voland, Partner, Clifford Chance, Düsseldorf, Germany (bio)
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