In corso di pubblicazione nella rassegna Astrid di marzo 2024 “Dovere e responsabilità sociale delle imprese dopo la revisione degli artt. 9 e 41 della Costituzione”

The paper analyses the impact in particular of the green transition on the major institutions and regulations of work: the systems of continuous training and of active labour policies, the new skills needed in employment, the alteration of time and space of work particularly in case of remote working, safety and health in the workplace and in the environment. It argues for the need to go beyond isolated legal and contractual interventions, in order to finalise consistent policies to the objectives of sustainability.
The second part of the paper examines the recent European provisions which impose duties and responsibilities on the enterprises and on their supply chains finalised to the same objectives. The directive CSRD establishes detailed obligations for the firms of reporting and transparency about their activities and their impact on the environment.
The proposal of the directive so called due diligence imposes the adoption of measures finalised to ascertain the impact of the same activities and to prevent and mitigate environmental risks.
The paper stresses the fact that these European initiatives are an unprecedented public intervention in the guidance of business activities and that the new artt. 9 and 41 of the Italian Constitution which constitutionalise the environment impose new criteria for balancing the interests at stake, economic and environmental.
The same provisions, in so far as they identify an interest of constitutional relevance common to the parties, give a new legitimacy to the right of workers and of other stakeholders to participate in the firms activities.