The recent news

Nov. 4, 2021

Events : JoRC

This scientific event is placed under the scientific responsibility of Laurent Benzoni, Bruno Deffains and Marie-Anne Frison-Roche. It is organized by the Journal of Regulation & Compliance (JoRC) and by the Paris Center for Law and Economics  of the Panthéon-Assas (Paris II) University.

This event is part of the 2021 colloquia cycle around the general theme of Compliance Monumental Goals.

 

 

 

The different interventions will be then transformed into contributions in the books Les buts monumentaux de la Compliance and Compliance Monumental Goals  which will be published in the Regulation & Compliance serie, jointly published by the JoRC and Dalloz for the book in French and by JoRC and Bruylant for the book in English. 

This colloquium will take place in the Salle du Conseil du Panthéon on Thursday 4th of November of 2021 between 1.30pm and 6.30pm.

 

Presentation of the theme: 

 

Notably will speak:

  • Laurent Benzoni, professor of Economics at Panthéon-Assas University (Paris II), Tera Consultants
  • Bruno Deffains, professor of Economics at Panthéon-Assas University (Paris II), director of the CRED
  • Marie-Anne Frison-Roche, professor at Sciences Po - Paris, director of the JoRC

 

Read a detailed presentation of the colloquium below: 

 

Oct. 14, 2021

Events : JoRC

This scientific event is placed under the scientific responsibility of Marie-Anne Frison-Roche and Arnaud van Waeyenberge. It is organized by the Journal of Regulation & Compliance (JoRC) and by the Centre Perelman of Brussels University.

This event is part of the 2021 colloquia cycle around the general theme of Compliance Juridictionnalization.

 

 

The different interventions will be then transformed into contributions in the books La juridictionnalisation de la Compliance  and Compliance Juridictionnalization  which will be published in the Regulation & Compliance serie, jointly published by the JoRC and Dalloz for the book in French and by JoRC and Bruylant for the book in English. 

This colloquium will take place in Brussels in October 2021.

 

Presentation of the theme: 

 

Notably  will speak:

 

Read a detailed presentation of the colloquium below: 

 

Sept. 23, 2021

Events : JoRC

This scientific event is placed under the scientific responsibility of Marie-Anne Frison-Roche, Juliette Morel Morager and Sophie Schiller. It is organized by the Journal of Regulation & Compliance (JoRC) and by the Centre de recherche en Droit (CR2D) of Paris Dauphine University

This event is part of the 2021 colloquia cycle around the general theme of Compliance Juridictionnalization.

 

 

The different interventions will be then transformed into contributions in the books La juridictionnalisation de la Compliance  and Compliance Juridictionnalization  which will be published in the Regulation & Compliance serie, jointly published by the JoRC and Dalloz for the book in French and by JoRC and Bruylant for the book in English. 

This colloquium will take place in Paris in September 2021.

 

Presentation of the theme: 

 

Notably  will speak:

 

Read a detailed presentation of the colloquium below: 

Sept. 16, 2021

Events

This colloquium co-organized between Laboratoire DANTE and the Journal of Regulation & Compliance (JoRC) inaugurates the 2021 series of colloquia devoted to the general theme of Compliance Monumental Goals. This first work will then be part of two books, Les buts monumentaux de la Compliance et Compliance Monumental Goals, which will be published in the Regulations & Compliance Series, co-edited by the JoRC and Dalloz.

It will take place on 16th of September 2021, at the Maison du Barreau, in Paris.

Registrations: christopheonline@orange.fr 

Presentation of the colloquium Thematic: To understand the notion of "Monumental Goals", it is firstly necessary to take crossed perspectives on them, particularly through the prism of Labor Law, Environmental Law and Enterprise Law. Many questions appear. Does the notion of “Monumental Goals” present any substance in Law? Is it uniformly understood, or do specificities appear, forged by specific cultures and disciplinary practices? What are the sources and implicit references or echoes? Because even if we admit the part of novelty, there is undoubtedly an anchoring in traditional legal concepts, like the general interest or sovereignty. How does the shift from meta-legal (prima facie introduced by the concept) to legal take place, and where do any operational difficulties lie when legal actors are called upon to act? The question of a possible categorization of "Monumental Goals" will thus be explored, through these three legal disciplines whose historicity, goals and implications for firms differ.  

These reflections allow to ask why and how these "Monumental Goals" are developed. Indeed, what is the relevance of the association of "Monumental Goals" and Compliance? Beyond theoretical considerations relating to the meaning of Law, is this really an effective alloy encouraging companies to behave differently? By what ways? These questions arise in particular with regard to the imperatives of legal certainty and the operative nature of the concept. The question of "Monumental Goals" will thus be explored by the operational actors of compliance, both those who act within companies and those who act from the lato sensu State sphere, for understanding whether this notion is a pure rhetoric figure or constitutes a particularly promising lever for the evolution of market behavior.

 

Notably with : 

  • Christophe André, maître de conférences à l'Université Paris - Saclay (lecturer at the Paris-Saclay University)
  • Guillaume Beaussonie, professeur à l'Université Toulouse-1-Capitole (law professor at Toulouse-1-Capitole University)
  • Regis Bismuthprofesseur de droit à Sciences po, Paris (law professor at Sciences po Paris)
  • Marie-Emma Boursierdoyen  de l'Université Paris - Saclay (dean of the Paris-Saclay University)
  • Muriel Chagny, professeur l'Université Paris - Saclay, directrice du Laboratoire Dante (Professor at the Paris-Saclay University, director of the Laboratory Dante)
  • Marie-Anne Frison-Roche, professeur à Sciences po (Paris) (Professor at Sciences Po Paris)
  • Isabelle Gavanon, avocate à la Cour d'Appel de Paris (attorney before the Paris Court of Appeal)
  • Emma Guernaoui, ATER à l'Université Paris II Panthéon-Assas (ATER at Paris II Panthéon-Assas University)
  • Dominique Heintz, avocat à la Cour d' appel de Paris (attorney before the Paris Court of Appeal)
  • Christian Huglo, avocat à la Cour d' appel de Paris (attorney before the Paris Court of Appeal)
  • Dominique de La Garanderieavocat à la Cour d'appel de Paris (attorney before the Paris Court of Appeal) 
  • Anne-Valérie Le Fur, professeur à l'Université Paris - Saclay (Professor at Paris-Saclay University)
  • Anne Le Goff, secrétaire générale déléguée d'Arkéa (Deputy Secretary general at Arkéa)
  • Roch-Olivier Maistre, président du Conseil supérieur de l'audiovisuel (President of the French audiovisual regulation authority)
  • Marie Malaurie, professeur à l'Université Paris-Saclay (professor at the Paris-Saclay University)
  • Jérôme Marilly, avocat général à la Cour d'Appel de Paris (General attorney before the Paris Court of Appeal)
  • Benoît Petitmaître de conférences (HDR) à l'Université Paris-Saclay (lecturer at the Paris-Saclay University) 
  • Jean-François Vaquieri, Secrétaire Général d'Enedis (Secretary General of Enedis)

____

Read a detailed presentation below:

 

Sept. 15, 2021

Events : JoRC

This scientific manifestation is placed under the scientific responsibility of Marie-Anne Frison-Roche. It is organized by the Journal of Regulation & Compliance (JoRC).

It constitutes the inaugural colloquium of the cycle of colloquia in 2021 on the general topic Compliance Juridictionnalization.

 

 

The work will then be incorporated into the two books La juridictionnalisation de la Compliance and Compliance Juridictionnalization which will be published in the Regulations & Compliance series, co-edited by the JoRC with Dalloz for the book in French and with Bruylant for the book in English.

This colloquium will be held in Paris in 2021.

 

Presentation of the topic: Because Compliance Law is the extension of Regulatory Law, it is experiencing the same movement of Juridictionnalisation. First of all conceived as the goal of protecting systems and people, even if they seem beyond reach, this has led to the establishment of private companies as judges of themselves, to be structurally the judges and judged, those who act and those who observe.  The duty of vigilance has increased this transformation. As in Regulatory Law, which is an Ex Ante branch of Law, the procedure, which is an Ex Post branch of Law, governs the functioning of companies, transfiguring Company Law under the term "governance".

The shock and transformation once received by Administrative Regulatory Authorities has been heightened by the fact that companies have been further seized by the repressive Courts on the one hand and by an American repressive Law on the other hand, two different cultures. There are therefore many technical difficulties that must first be identified and formulated and then resolved. The easiest is in a first step to ask the following questions : Why? Who? How? When? Where? Toward What?

 

 

 

  •  

 

 

 

June 23, 2021

Events : JoRC

This scientific manifestation is placed under the scientific responsibility of Marie-Anne Frison-Roche and Jean-Christophe Roda. It is organized by the Journal of Regulation & Compliance (JoRC) and the Centre de Droit de l'Entreprise of Lyon 3 University.  

It is the fourth colloquium of the cycle of colloquia organized in 2021 around the general topic of Juridictionnalization of Compliance.

 

  

 

The different interventions will be then transformed into contributions in the books La juridictionnalisation de la Compliance  and Compliance Juridictionnalization  which will be published in the Regulation & Compliance serie, jointly published by the JoRC and Dalloz for the book in French and by JoRC and Bruylant for the book in English. 

This colloquium will take place in Lyon 3 on 23rd of June 2021 with a limited audience. It will also be broadcasted in live on Zoom

To register: https://zoom.us/webinar/register/8516215084724/WN_GoQ25I7pRoKhHuGomVMxYw 

 

Presentation of the topic: Initially, it was through Criminal Law, inseparable from the trial, which forced companies to take charge of monitoring within themselves behavior likely to be deviant, the requirement of Ex Ante to be designed by the 'Ex Post of the jurisdictional. From this reversal of things, there has always remained this presence of the judge and the prosecution bodies in a Compliance Law which is nevertheless defined by its concern for the future and the Ex Ante tools within the company.

In doing so, the company becoming on the one hand a judge of itself, on the other hand a prosecutor of itself, it splits up, taking in reverse the most established procedural principles. Moreover, because of the monumental goals which constitute Compliance Law, companies become attorneys and judges of the others, or for the others, the cutting machines and the "supreme courts" being by name instituted to regulate in Ex Ante all different before that it does not become litigation. The Ex Ante of Compliance would then make the Ex Post disappear.

Method: 

The colloquium which had to take place initially on 8th of April has been postponed to 23rd of June to enable speakers to meet and talk in face to face, with a limited audience. 

These exchanges will be captured so that third parties can benefit from them, even before the publication of the works, La Juridictionnalisation de la Compliance and Compliance Juridictionalization, within which this work constitutes the basis for the development of a specific chapter.

Five practical cases will first be examined in five specific sectors, where this institution of the firm as prosecutor and judge of itself is particularly observable before both specific and more cross-sectoral themes are examined and discussed.

 

Will speak notably:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  • Jean-Christophe Roda, professor at Lyon 3 University and director of the Centre de droit de l'entreprise (Center of Company Law)

 

May 17, 2021

Events : JoRC

This scientific manifestation is placed under the scientific direction of Marie-Anne Frison-Roche, Pascale Idoux, Antoine Oumedjkane and Adrien Tehrani. It is organized by the Journal of Regulation & Compliance (JoRC) and by the Faculté de Droit et de Science Politique de l'Université de Montpellier (Centre de Recherches et d'Etudes Administratives de Montpellier and Centre du Droit de l'Entreprise).

This manifestation is part of the cycle of colloquia organized in 2021 around the general topic of Compliance Monumental Goals. 

 

 

 

The interventions will give rise to the production of articles which will be part of the books Les bus monumentaux de la Compliance and Compliance Monumental Goals which will be published in the Series Regulations & Compliance, coedited by the JoRC and Dalloz for the French version and by the JoRC and Bruylant for the English version. 

This manifestation will take place on Zoom on 17th of May 2021. 

Registrations: anouk.leguillou@mafr.fr 

Assistance to this event may be validated as part of the continuing education of lawyers.

In addition, scientific videos will be extracted and disseminated later.

 

Presentation of the topic: In the overall problematic of "Monumental goals", this conference retains a particular case: that of the crisis and the emergency situation that it generates.

First of all, in general, does the importance of public norms in the emergency context engendered by a crisis situation imply a marginalization of Compliance? Don't private actors also have their place in these circumstances, at the service of the "monumental goals" that the public authorities want to maintain, or even which appear specifically?

Secondly, more concretely, we have been living for many months in a health crisis. By taking it as a framework and, within it from particular cases, how public and private actors react, act, adjust? and how do the courts assess these movements?

Going from the most general to the most specific, this conference aims to identify criteria, limits, of what could be specific rules when the emergency of a crisis meets Compliance, and will examine specific situations.

 

Working method: The conference is therefore built on a general issue, which was the subject of a "working paper", written by Antoine Oumedjkane, Adrien Tehrani and Pascale Idoux, on which the speakers will have thought in advance and from which they are intended to study the question from their particular perspective.

The conference, which is essentially interactive, therefore begins with an outline of the main lines of this general work. It is followed by the examination of concrete practical cases.

They are as follows:

1️⃣ hydroalcoholic gel, its manufacture, price, availability,

2️⃣ information and regulation on all media in Covid period

3️⃣ the use of the bicycle during the state of health emergency

A first conclusion, thematically limited, will relate to Revealed by the crisis situation, the place of private initiative in Compliance Law.

A second, more general, undoubtedly open-ended conclusion is drawn from this confrontation between general reflection and concrete cases which must be resolved in a particular crisis.

 

Will speak: 

 

 

  • Julien Bonnet, Professor at Montpellier University and member of the CERCOP

 

 

  • Marie-Anne Frison-Roche, agrégée des Facultés de droit, Professor of Regulation and Compliance Law at Sciences Po (Paris) and Director of the Journal of Regulation & Compliance (JoRC)

 

 

  • Pascale Léglise, adjointe au directeur des libertés publiques et des affaires juridiques (Deputy Director of Civil Liberties and Legal Affairs) of the Ministère de l'intérieur (Home Ministry)

 

  • Michèle Léridon, Member of the Conseil supérieur de l'audiovisuel (French Media Regulator), President of the working group Pluralisme, déontologie, supervision des plateformes en ligne (Pluralism, Deontology, Supervision of Online Platforms)

 

  • Antoine Oumedjkane, Researcher of the Centre de recherche et d'études administratives (Research and Administrative Studies Center) of Montpellier University

 

  • Nelly Sudres, Maître de conférences at Montpellier University and member of the Centre de Recherches et d'Etudes Administratives (Research and Administrative Studies Center) of Montpellier University

 

  • Adrien Tehrani, Professor at Montpellier University and member of the Centre du Droit de l'Entreprise (Company Law Center)

 

 

⤵️Read a more detailed presentation of the manifestation below:

Dec. 1, 2020

Newsletter MAFR - Law, Compliance, Regulation

Full reference: Frison-Roche, M.-A., New SEC Report to Congress about Whistleblower Program: what is common between American and European conceptionNewsletter MAFR - Law, Compliance, Regulation, 1st of December 2020

Read by freely subscribing other news of the Newsletter MAFR - Law, Compliance, Regulation

 

Summary of the news

Like every year since the adoption of the Dodd-Frank Act, the Securities and Exchanges Commission (SEC) and especially its Office of the Whistleblowers (OWB) handed to the Congress of the United-States a report about the success of its program concerning whistleblowers, especially estimated with the amount of financial rewards granted to them during the year. This report especially presents the amount granted to whistleblowers, the quality of the collected information and the efficacy of SEC's whistleblowers' protection process.

If Americans condition the effectiveness of whistleblowing to the remuneration of whistleblowers, Europeans oppose the "ethical whistleblower" who shares information for the love of Law to the "bounty hunter" uniquely motivated by financial reward and favor the former to the later, as it is proven in the French Law Sapin II of 2016 (which do not propose financial reward to whistleblowers) or the British Public Interest Disclosure of 1998 (which just propose a financial compensation of the whistleblower's losses linked to whistleblowing). 

However, American and European conceptions are not so far from each other. As United-States, Europe has a real care for legal effectivity, even if, because of their different legal traditions, Americans favor effectivity of rights while European favor effectivity of Law. If it places effectivity at the center of its preoccupations, Europe should conceive with less aversion the possibility to financially incite whistleblowers. Moreover, United-States and Europe share the same common willingness to protect whistleblowers and if rewarding would enable a better protection, then Europe should not reject it, as shows the recent declarations of the French Defenders of Rights. It is not excluded that both systems converges in a close future.