After reconstructing the sustainable business paradigm that emerges from the multiple sources that introduce obligations towards sustainability and the circular economy, this chapter analyses the principle of proportionality in the context of company law. Focusing on the Italian legal system as a case study, this principle is investigated as a tool that could arguably become a criterion guiding the discretion of directors in making decisions that impact on sustainability issues. This analysis thus attempts to demonstrate how the proportionality criterion applied to corporate governance can contribute to the paradigm transition to a fully ‘human-centred’ model of sustainable development.

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The ‘Proportionally Sustainable’ Management of Companies in the Context of a Sustainable Circular Economy

  • Francesca Bianconi

摘要

After reconstructing the sustainable business paradigm that emerges from the multiple sources that introduce obligations towards sustainability and the circular economy, this chapter analyses the principle of proportionality in the context of company law. Focusing on the Italian legal system as a case study, this principle is investigated as a tool that could arguably become a criterion guiding the discretion of directors in making decisions that impact on sustainability issues. This analysis thus attempts to demonstrate how the proportionality criterion applied to corporate governance can contribute to the paradigm transition to a fully ‘human-centred’ model of sustainable development.