To what extent is the public interest considered in the corporate sector?
Companies are increasingly being urged to not only generate financial returns, but also to consider the public interest. Tom Barkhuysen, Professor of Administrative Law and partner at law firm Stibbe, spoke about the role of the government at a conference on the lawyer as a trusted advisor in the boardroom. Mr.Online reported on the event.
The corporate sector has a crucial role to play in promoting issues such as the environment, human rights, climate, social security, diversity, cybercrime and inclusion. This was the theme of the conference organised by the Centre for Professional Education (CPO).
Professor Barkhuysen focused on the role of the government. ‘It’s also involved in litigation concerning climate issues’. Examples include the Urgenda case in which the Supreme Court ruled on the government’s responsibility to lower greenhouse gas emissions. Also, the Swiss group called ‘senior women for climate protection’ (KlimaSeniorinnen Schweiz) who claimed their human rights were being violated and who won their case before the European Court of Justice. Ultimately, the government must work with the corporate sector to arrive at sustainable and workable rules. In doing so, it is up to the government to ensure legal certainty and a level playing field.
At the same time, companies must also demonstrate sufficient ambition. In this process, however, they should not promise more than they can deliver. Professor Barkhuysen warns that the trend in climate cases is that promises become binding. This is because regulators and judges can hold companies accountable for the promises they have made, and can demand that they comply with such promises in a clear and responsible manner.
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Read the full article in Mr. (in Dutch)
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