L’attuazione degli obblighi di due diligence tra gestione del rischio, standardizzazione tecnica e «sicurezza procedurale»

Abstract

The essay explores the role of technical standardisation in implementing the due diligence obligations set out by the EU Directive 2024/1760 (Corporate Sustainability Due Diligence Directive – CSDDD), highlighting how it constitutes a form of extra-statal normativity increasingly influencing labour regulation and the protection of fundamental rights. Adopting a legal pluralism and realist approach, the author analyses the interaction between risk management, soft law, and privately produced legal norms, focusing on the AI Act (Reg. EU 2024/1689), the Italian Legislative Decree No. 81/2008, and the ISO 45001 occupational health and safety management standard. The study shows that the “technification” of regulation is far from neutral, carrying deep political and democratic implications, as standard-setting processes often mirror corporate and consultancy interests while marginalising workers’ representation.