EU: 100+ lawyers and academics warn Omnibus proposal could expose Commission to legal challenges & create uncertainty for business
"Omnibus infringes EU Law - say over 100 law professors and lawyers", 10 November 2025
Dear members of the European Parliament’s Committee on Legal Affairs,
We are a group of over 100 academics and lawyers from across the European Union writing to express our concern regarding the dangerous legal precedent that the Omnibus I proposal, notably the one focusing on revisions to Directive (EU) 2022/2464 on sustainability reporting (CSRD) and Directive (EU) 2024/1760 on corporate sustainability due diligence (CSDDD), is establishing in the EU’s legislative process and broader constitutional system...
If adopted as it is, this proposal faces a high risk of legal challenges in national or EU courts. Such proceedings would likely cause years of legal uncertainty, undermining the predictability and ultimately the very competitiveness the Commission aims to promote, while affecting the Union’s commitment to the rule of law and international obligations. Regulatory simplification, while a legitimate objective, must proceed within constitutional boundaries.
The current proposal does not satisfy the restrictions imposed to the otherwise wide discretion of the EU legislature by violating (i) the principle of proportionality, (ii) the Charter of Fundamental Rights (CFR), and the non-regression principle, particularly given the absence of comprehensive impact assessments and proper public consultations.
[...]
In light of the above and based on the legal opinions attached to this letter, we respectfully urge the JURI committee to request an opinion of the European Parliament's Legal Service before taking any further legislative action, starting with the CSRD and CSDDD. The Committee should ensure that no changes to the CSRD and CSDDD are adopted unless clearly demonstrated—based on robust evidence and thorough alternative analysis—that the proposals are fully compatible with the proportionality principle, the EU Charter, and the Union’s international climate obligations. Only such a structured legality review can safeguard the Union’s legal integrity, protect fundamental rights, and provide essential regulatory certainty for sustainable competitiveness
[...]