The present work, on the one hand, deals with the recent EU regulation on the subject of transparency on sustainability in the financial markets sector, in particular regulation 2019/2088, on the other it questions the real scope of this regulatory intervention with respect to its premises, in terms of investor protection and contrast to financial greenwashing. As the relevant regulations have just come into force, it is likely that restitution or compensation claims related to this type of information will become more frequent in the future. The research poses some investigative questions which, in summary, concern: the effectiveness of the regulation on sustainability disclosure with respect to the objective of investor protection and the resolution of information asymmetries; the connection between the SFDR discipline and the classification of MiFID II and IDD products and with the Taxonomy regulation; the assessment of litigation linked to sustainability and greenwashing as an emerging risk; the identification of private remedies (private enforcement) to combat misleading information in the SFDR regulation and the adequacy of the remedial framework offered in Italy.

La responsabilità da greenwashing finanziario dopo il Regolamento (UE) 2019/2088 sulla trasparenza in materia di sostenibilità

ROMANO', THEA
2023-07-04

Abstract

The present work, on the one hand, deals with the recent EU regulation on the subject of transparency on sustainability in the financial markets sector, in particular regulation 2019/2088, on the other it questions the real scope of this regulatory intervention with respect to its premises, in terms of investor protection and contrast to financial greenwashing. As the relevant regulations have just come into force, it is likely that restitution or compensation claims related to this type of information will become more frequent in the future. The research poses some investigative questions which, in summary, concern: the effectiveness of the regulation on sustainability disclosure with respect to the objective of investor protection and the resolution of information asymmetries; the connection between the SFDR discipline and the classification of MiFID II and IDD products and with the Taxonomy regulation; the assessment of litigation linked to sustainability and greenwashing as an emerging risk; the identification of private remedies (private enforcement) to combat misleading information in the SFDR regulation and the adequacy of the remedial framework offered in Italy.
4-lug-2023
SFDR; sustainable finance disclosure regulation; ESG; sustainable finance; greenwashing
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11567/1125855
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