Lunch seminar with Chiara Padrin
The role of companies in the green transition: from EU directives to climate litigation. Insights from Italy, France and Germany
Abstract:
This presentation explores the constitutional tension between environmental protection and economic freedom in the context of the green transition. The paradigm shift implied by the green transition not only reshapes the balance between these two constitutional values, but also accelerates broader transformations in the exercise of public powers and functions. A key dimension of this process is the role of European sustainability legislation – in particular the CSRD and the CS3D directives – which reconfigure corporate duties and strengthen the position of companies as private powers. These dynamics increasingly unfold before the courts, where litigation has become a crucial site for testing both the scope of corporate responsibilities and the effectiveness of constitutional and European guarantees. Drawing on comparative constitutional law, the analysis focuses on Italy, France, and Germany, highlighting how national courts and legislators integrate these European obligations into their constitutional frameworks. The comparative perspective sheds light on convergences and divergences in balancing environmental protection and economic freedom, and on the institutional adjustments required by the green transition at both the legislative and judicial levels. The presentation also situates these constitutional tensions within a broader inquiry into science-based policymaking and climate governance. This perspective reflects my current work as part of the national research project, which investigates the role of scientific expertise in law and decision-making. By combining constitutional analysis, EU law, and comparative insights, the aim is to discuss how courts, legislation, and private actors together shape the constitutional implications of the green transition.
Speaker bio
Chiara Padrin is a Postdoctoral Research Fellow in Constitutional Law and Comparative Public Law at the University of Milan. Her research examines the constitutional tension between environmental protection and economic freedom from a comparative perspective (Italy, France, Germany), with a focus on the impact of the EU sustainability directives (CSRD, CS3D) and the emerging role of companies as private powers in environmental litigation. After completing her PhD, her research has been further developed within the national project Coping with Climate Change. Method, Reasons and Procedure for Science-Based Policy Making (https://copscipo.unimi.it/), which examines the intersections between constitutional law, science, and climate governance at both national and supranational levels.
Meeting ID: 653 6216 1150
Passcode: 376804