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► Full Reference: Journal of Regulation & Compliance (JoRC) and Institut de Recherche Juridique de la Sorbonne (André Tunc - IRJS) of Paris 1 Panthéon-Sorbonne University, La Vigilance, pointe avancée de l'Obligation de Compliance (Vigilance, advanced point of the Compliance Obligation), Paris 1 Panthéon-Sorbonne University, December 5, 2023, 12 place du Panthéon, salle 6.

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 🏗️ This symposium takes place in the cycle of symposiums organised by the Journal of Regulation & Compliance (JoRC) and its partner Universities, focusing in 2023 on the general theme of Compliance Obligation.

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► This symposium is organised by the Journal of Regulation & Compliance (JoRC) and Paris 1 Panthéon-Sorbonne University, through its Institut de Recherche Juridique de la Sorbonne (André Tunc - IRJS). 

This symposium is held in French.

the symposium is under the scientific direction of 🕴️Marie-Anne Frison-Roche, 🕴️Mustapha Mekki , and 🕴️Jean-Christophe Roda.

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► Présentation of the theme : The Vigilance Obligation is difficult to define because of the multiplicity of texts and cases in which it can be understood. This is particularly true of the Vigilance mechanism, which illustrates, and even emphasises, the Vigilance Obligation. Through international texts, French law and European texts that have been adopted or are in the process of being adopted, the constraints of vigilance, but also the structures and actions that companies have put in place and the actions that stakeholders have taken, Vigilance has highlighted aspects of the Compliance Obligation, and even modified it. 

The revelatory effect thus produced and the movement thus unleashed, whose roots run deep and whose systemic effects are very significant, justify a greater focus on mechanisms that are interconnected, whereas they are sometimes perceived in silos, which makes it difficult to understand the whole picture. In the same way, because Vigilance is the advanced point of the Compliance Obligation, we can better distinguish and articulate what is sector-specific, in particular in banking and finance or in digital matters, and articulate them with what Vigilance has, like Compliance, of a more general nature. What's more, the intensity of Vigilance varies according to its ambitions and the position of the company subject to it, which is reflected in the variations in legal qualification, ranging from a duty to a criminally sanctioned obligation. 

The different legal systems reflect these developments in their legislation, case law and the practice of companies and stakeholders in specific ways, because these different techniques express standards of behaviour and accountability, which are directly reflected in evidential requirements, concepts of responsibility and institutional translations through possible regulatory bodies.

As a result, the symposium is divided into three parts. After a general introduction on the systemic relationships between Vigilance and Compliance, the first part will focus on the variation in Vigilance Intensities, the advanced point of Compliance, the second part will look at the Tensions that Vigilance generates or exacerbates, and the third part will look at the Modalities that Vigilance uses in Compliance systems.

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The proceedings of this colloquium will form the basis of one chapter in the books: 

📕L'obligation de Compliance, in the collection 📚Régulations & Compliance, copublished by the Journal of Regulation & Compliance (JoRC) and Dalloz.

📘Compliance Obligation, in the collection 📚Compliance & Regulation, copublished by the Journal of Regulation & Compliance (JoRC) and Bruylant.

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Speakers:  

🎤Laurence Dubin, Professor at Paris 1 Panthéon-Sorbonne University

🎤Marie-Anne Frison-Roche, Professor of Regulatory & Compliance Law, director of the Journal of Regulation & Compliance (JoRC)

🎤Bernard Haftel, Professor at Paris-Nord University

🎤Marie Lamoureux, Professor at Aix-Marseille University

🎤Grégoire Loiseau, Professor at Paris 1 Panthéon-Sorbonne University

🎤Véronique Magnier, Professor at Paris-Saclay University

🎤Gilles J. Martin, Emeritus Professor at Côte d'Azur University, member of the Groupe de Recherche en Droit, Économie, Gestion (GREDEG) of the CNRS

🎤Mustapha Mekki, Professor at Paris 1 Panthéon-Sorbonne University

🎤Jean-Christophe Roda, Professor at Jean Moulin Lyon 3 University

🎤Anne-Claire Rouaud, Professor at Paris 1 Panthéon-Sorbonne University

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🔻 read a detailed presentation of the manifestation below 🔻

► Full Reference: Journal of Regulation & Compliance (JoRC) and Conseil national des Barreaux (CNB), Compliance, vigilance et médiation (Compliance, Vigilance and Mediation), November 30, 2023, Amphithéâtre du Conseil national des barreaux.

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► The symposium is organised by the Journal of Regulation & Compliance (JoRC) and the Conseil national des barreaux (CNB). 

This symposium is held in French.

The symposium is placed under the scientific direction of 🕴️Matthieu Boissavy, 🕴️Hirbod Dehghani-Azar and 🕴️Marie-Anne Frison-Roche.

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► Presentation of the theme: To increase respect for human rights and the environment in the context of corporate social responsibility and compliance, public authorities and companies have for several years been implementing instruments and processes for dialogue between companies on the one hand and stakeholders inside and outside the company on the other. Among these, mediation is regularly highlighted as a necessary and fruitful process for reaching agreements that benefit employees and civil society players, as well as the environment and society as a whole.

John Ruggie, Special Representative of the Secretary-General on human rights and transnational corporations and other business enterprises, in his report of 21 March 2011, Guiding Principles on Business and Human Rights, recommends mediation as an effective and appropriate non-judicial grievance mechanism. The ISO 26000 standard on social responsibility also explicitly refers to the use of mediation in the section Actions and related expectations (6.3.2.6) and say that an organisation should establish or ensure the availability of redress mechanisms for its own use and for that of its stakeholders. For these mechanisms to be effective, they should be [...] based on dialogue and mediation: the process should aim to remedy breaches through mutually agreed solutions reached through dialogue between the parties. Where a judgment is desirable, the parties should retain the right to reach it through separate, independent mechanisms.

Similarly, the French law No. 2017-399 of 21 March 2017 relative au devoir de vigilance des sociétés mères et des entreprises donneuses d’ordre (on the duty of vigilance of parent companies and ordering companies) has given rise to disputes relating to the design and application of vigilance plans by certain companies subject to this law. Mediation has been proposed by the courts, sometimes accepted, and we know that some have been successful.

At the same time, the draft European Directive on Corporate Sustainability Due Diligence (CS3D) is likely to impose or extend obligations relating to the duty of vigilance on a large number of companies in the European Union, for the respect of human rights and the environment by companies in global value chains.

The result of all this is that respect for human rights within organisations and companies depends on recourse to the courts, on cooperation processes such as mediation, both project mediation and mediation specific to the resolution of disputes, while recourse to the courts will not suffice to rapidly make respect for these obligations effective.

The legislator and the parties concerned are aware of this, and they refer to the use of mediation as necessary to help both civil society actors committed to respect for human rights and the environment and companies to reach agreements on compliance with these obligations.

Lawyers, mediators and people assisting stakeholders and companies have an important role to play in the success of these mediations.

In collaboration with the Journal of Regulation and Compliance (JoRC), the Conseil national des barreaux (CNB) is organising a half-day conference on "Compliance, vigilance et médiation" ("Compliance, Vigilance and Mediation") to train lawyers to this activity, which will develop either as an extension of another activity or as its own activity, and which has major implications for individual rights, society and the environment.

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Some contributions will be published as articles by the Journal of Regulation & Compliance (JoRC).

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► Construction of the symposium:  After a general introduction to the triptych of Compliance, Vigilance and Mediation and the links that it implies, the first part of the event will focus on the contribution of Mediation to the effectiveness of Compliance and, more particularly, to its most advanced aspect, the duty of vigilance. After a debate on this topic, the second part of the event will focus on the conduct of project mediation or dispute resolution in such a context. A conclusion will enable us to draw immediate lessons from the information and exchanges that have taken place.

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Speakers:  

🎤Jacques Beyssade, secretary general of the BPCE Group

🎤Matthieu Boissavy, attorney at the Paris Bar, vice-president of the Commission Liberté et droits de l'homme of the CNB

🎤Matthieu Brochier, attorney at the Paris Bar

🎤Stéphanie Brunengo, attorney at the Aix-en-Provence Bat, mediator

🎤Malik Chapuis, president of the 3rd chamber of the Tribunal judiciaire de Paris (Paris First Instance Civil Court)

🎤Bruno Deffains, professor at Paris Panthéon-Assas University

🎤Hirbod Dehghani-Azar, attorney at the Paris Bar, president of the Commission Modes alternatifs de règlements des Règlements (MARD) of the CNB

🎤Marie-Anne Frison-Roche, professor of Regulatory Law and Compliance Law, director of the Journal of Regulation & Compliance (JoRC)

🎤Jérôme Gavaudan, president of the CNB

🎤Thibault Goujon-Bethan, professor at Jean Moulin Lyon 3 University

🎤Stéphane de Navacelle, attorney at the Paris Bar

🎤Stephanie Smatt Pinelli, litigation legal director, Orano Group

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🔻 Read a detailed presentation of the event below:

► Full Reference: Journal of Regulation & Compliance (JoRC), Centre de recherche sur la justice et le règlement des conflits (CRJ) and Centre de recherche en économie (CRED) of University Paris Panthéon-Assas (Paris II), Compliance: Obligation, devoir, pouvoir, culture, ("Compliance: obligation, duty, power, culture"), Salle des Conseils, University Panthéon-Assas, Place du Panthéon, 12, Paris, June 13 & 14, 2023.

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 🏗️ This symposium takes place in the cycle of symposiums organised by the Journal of Regulation & Compliance (JoRC) and its partner Universities, focusing in 2023 on the general theme of Compliance Obligation.

► This symposium is organised by the Journal of Regulation & Compliance (JoRC) and the University of Panthéon-Assas (Paris II), through its Centre de recherche sur la justice et le règlement des conflits (CRJ) and its Centre de recherches en économie et droit (CRED). 

This symposium is held in French.

the symposium is under the scientific direction of 🕴️Bruno Deffains,🕴️Marie-Anne Frison-Roche and 🕴️Jean-Baptiste Racine.

To registrer for a physical presence: anouk.leguillou@mafr.fr (the number of places is limited, you will be asked to confirm 48 hours before).
To register for a online presence: Click HERE 

🧮The event takes place in the buildings  Salle des Conseils of the Panthéon-Assas University (Paris II), Place du Panthéon, 12, 75005 Paris, on 14 June 2023 from 9:00 to 18:30.

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► Presentation of the theme:  "The "Obligation" is at the heart of many disciplines. Compliance techniques very often take the form of obligations. But to mention only the first questions that come to mind and in cases, especially those that are referred to the courts, it is paradoxically not so much Contract Law and Tort Law that have been used, since Compliance Law is on the one hand often assimilated to the mass of applicable regulations and its unilaterality characteristic of Regulatory Law, the branch of Law that Compliance Law extends, and on the other hand it is often associated with ethics, morality, a shared culture, everything that seems to distance it from Obligation.

The notions of "duty" and "commitment" are increasingly taking their place in Compliance Law, although their scope is still uncertain. This is why, beyond the multiplicity of "compliance obligations", one may ask whether there is an "obligation to comply", what its definition would be and its relationship with everything that, in Compliance Law, is not one obligation. 

It is the topic of this conference and the articles that will follow to identify what will be this hypothesis, which is becoming more and more frequent and could become the standard.

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Method chosen to deal with the topic: For contributing to what will later become the book on the Compliance Obligation, constituting its first chapter aimed at identifying what could be a definition of Compliance Obligation, the method is not to start from the legal instruments of compliance but rather for each of the contributors to draw on their discipline, which they has mastered technically, in order to project it and formulate what, on the basis of this previous mastery and according to his or her own conception, is or should be, or should not be, the Compliance Obligation.

Each speaker gives a half-hour presentation on his topic, which is followed by a 15-minute debate.

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The proceedings of this colloquium will form the basis of the first chapter in the books: 

📕L'obligation de Compliance, in the collection 📚Régulations & Compliance, copublished by the Journal of Regulation & Compliance (JoRC) and Dalloz.

📘Compliance Obligation, in the collection 📚Compliance & Regulation, copublished by the Journal of Regulation & Compliance (JoRC) and Bruylant.

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Speakers:  

🎤Jean-Sébastien Borghetti, professor of Law at the Panthéon-Assas University (Paris II)

🎤Louis d'Avout, professeur à l'Université Paris Panthéon-Assas (Paris II)

🎤Bruno Deffains, professor of Law & Economics at the Panthéon-Assas University (Paris II)

🎤Benoît Frydman, professor at the Université Libre de Bruxelles (ULB)

🎤Marie-Anne Frison-Roche, professor of Regulation & Compliance Law, director of the Journal of Regulation & Compliance (JoRC)

🎤Daniel Gutmann, professor at the Law School of the Panthéon-Sorbonne University (Paris I)

🎤Anne-Valérie Le Fur, professor at the Saclay University

🎤Gilles Lhuilier, professor at the ENS of Rennes, director of the department Droit, Economie, Gestion

🎤Etienne Maclouf, professor of gestion at the Panthéon-Assas University (Paris II)

🎤Stéphane Mouton, professor of Law at the Toulouse 1-Capitole University

🎤Jean-Baptiste Racine, professor of Law at the Panthéon-Assas University (Paris II)

🎤René Sève, director of the Association française de philosophie du droit - AFPD and of the Archives de Philosophie du Droit - APD

🎤Marta Torre-Schaub, director of research at the CNRS, Institute of legal and philosophical sciences of the Sorbonne, University Panthéon-Sorbonne (Paris I)

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🔻 read a detailed presentation of the manifestation below:

► Full Reference: Journal of Regulation & Compliance (JoRC) and Law Faculty of Perpignan, Le juge face aux clauses et aux contrats de compliance (The Judge facing clauses and contracts of Compliance), Faculty of Perpignan, 7 April 2023.

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🏗️This symposium takes place in the cycle of symposiums organised by the Journal of Regulation & Compliance (JoRC) and its partner Universities, focusing in 2023 on the general theme of Compliance Obligation.

► This symposium is organised by the Journal of Regulation & Compliance (JoRC) and the Law Faculty of the University of Perpignan. 

This symposium is held in French.

This symposium is under the scientific direction of 🕴️Walid Chaiehloudj et 🕴️Marie-Anne Frison-Roche.

🧮The event takes place in the premises of the University of Perpignan, on Friday 7 April 2023, from 9:00 to 18:30. It takes place in a hybrid way. 

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Presentation of the theme:  

The Compliance obligation will increasingly take the form of contracts. This is because the texts unilaterally adopted by Public Authorities oblige economic operators to adopt clauses to give concrete form to the legal obligations of Compliance, for instance active prevention of corruption or effective vigilance in the value chain to avoid environmental or human rights violations. It also comes from the fact that companies, for many reasons, commit themselves to contribute to the efficacy achievement of the Monumental Goals of Compliance, with the contract being the most natural, balanced and flexible way to achieve this.

In this multiple contractual activity, which can manifest itself either in complete contracts, "compliance contracts", or in stipulations that more or less deviate from the regulations, the judge is never far away, because the judge is always, regardless of the legal system and the type of contract, active in this matter.

The general relationship between the Judge and Compliance Law has just been the subject of a series of symposiums and the publication of a book, La juridictionnalisation de la Compliance (Compliance Jurisdictionalisation, to be published in English). The aim here is to refocus the perspective on what happens when the judge is facing a contract that has Compliance issues at stake or, at the very least, contains Compliance stipulations.

The purpose of this symposium and the articles that will follow is to study this hypothesis, which is becoming more and more frequent and could become the standard.

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Some speakers:  

🎤 Sarah Andjechairi-Tribillac, Senior lecturer at University of Perpignan

🎤 Jean-Baptiste Barbieri, Senior lecturer at University Panthéon-Assas (Paris 2)

🎤 Walid Chaiehloudj, Professor at Perpignan University

🎤 Marie-Anne Frison-Roche, Professor of Regulation and Compliance Law, director of the Journal of Regulation & Compliance (JoRC)

🎤 Thibault Goujon-Bethan, Professer at Lyon 3 University

🎤 Nicolas Ida, Senior lecturer at Aix-Marseille University

🎤 Hania Kassoul, Senior lecturer at Côte d'Azur University

🎤 Rebecca Legendre, Professor at Paris Nanterre University

🎤 Grégoire Leray, Professor at Côte d'Azur University

🎤 Yves Picod, Emeritus Professor at Perpignan University

🎤 Marc Segonds, Professor at Toulouse Capitole University

🎤 Sandrine Tisseyre, Professor at Toulouse Capitole University

🎤 Antoine Touzain, Professor at Rouen University

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The proceedings of this colloquium will form the basis of a specific part in the books: 

📕L'obligation de Compliance, in the collection 📚Régulations & Compliance, copublished by the Journal of Regulation & Compliance (JoRC) and Dalloz.

📘Compliance Obligation, in the collection 📚Regulation & Compliance, copublished by the Journal of Regulation & Compliance (JoRC) and Bruylant.