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C39.CU4.06

The Dieselgate Returns - Liability of Corporations for environmentally unsustainable behaviors

  • Reference person
    Francesca
    Bertelli
    francesca.bertelli@unitelmasapienza.it
  • Host University/Institute
    Unitelma Sapienza
  • Internship
    N
  • Research Keywords
    Dieselgate emission scandal
    Sustainable development
    Green Transition and Private Law
  • Reference ERCs
    SH2_4 Legal studies, constitutions, human rights, comparative law
    SH2_5 International relations, global and transnational governance
    SH2_5 International relations, global and transnational governance
  • Reference SDGs
    GOAL 11: Sustainable Cities and Communities
    GOAL 12: Responsible Consumption and Production
    GOAL 17: Partnerships to Achieve the Goal
  • Studente
  • Co-Supervisor

Description

The answers given by the European Court of Justice in cases C-145/20 and C-873/19 are groundbreaking considering their impact on consumer law. Indeed, the decisions bring together two areas of law traditionally kept apart, coordinating private law and technical regulations concerning polluting emissions in the light of the need to ensure both consumer and environmental protection. The approach suggests an evolutive interpretation of national law, capable of collecting contemporary regulatory trends and to give implementation to the principle of sustainable development. Therefore, it is necessary to investigate how and to what extent national law can ensure the access to justice and effective remedies in case of violation of environmental laws by corporations and to clarify the terms of their liability to stakeholders.

Suggested skills:

- Legal background- Attitude for research- Expertise in Private Law- Fluent English- Good knowledge of German would be preferred

Research team and environment

The research team will be composed by Gaetano Edoardo Napoli (full professor) and Francesca Bertelli (researcher). The different areas of expertise and the different knowledges of the research team will ensure the smooth implementation of project activities, which will be carried out considering the team members' longstanding experience both in traditional private law and in modern issues connecting private law and sustainability. The research team will also share international contacts with other colleagues and foreign university, to foster a comparative/international approach to tackle a globally relevant topic such as the liability of corporations for violations of environmental laws.