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Dec. 3, 2014

Breaking news

The Swiss Confederation has published 19 November 2014 a consultation paper in a view to reform its federal telecommunications regulatory law (the Swiss Federal telecoms regulator is the Federal Communications Commission (ComCom), which articulates with the Federal Office of Communications (OFCOM).

Available in several languages, the document is titled: Dynamic telecoms market requires modern legal bases.
End of the document, the Confederation reports that it raises that State presence in the capital of Swisscom is legitimate (information that hasn't perhaps belong in a consultation document).

The consultation document intends to proceed with a progressive review". A first step of review will take place late 2015.
 
First, it will focus on international roaming, for which Swiss prices are too high but for which the ceiling price technique is rejected, the protection of youth or the need for market participants to register including Internet players.
In addition, the consultation focuses on increasing access to networks, including passive infrastructure, to increase competition. It is envisaged to grant the Federal Communications Commission (ComCom) ex officio powers.
Other issues will be discussed after 2015, for example universal service and neutrality in order to "not to break the dynamics of investment."

Operators have already protested about the narrowness of the consultation, in particular because the issue of optical fiber is not asked!footnote-5.
 

Updated: Aug. 30, 2011 (Initial publication: July 11, 2011)

Contributions

June 24, 2016

Breaking news

The Autorité des Marchés Financiers (AMF- French Prudential Supervision Authority) set up a Scientific Advisory Board under the supervision of its president Gérard Rameix, who is also president of the AMF.

The Scientific Advisory Board chose ‘Financial education in the digital era’ as the theme of its annual conference, which was held on 20 June 2016 in partnership with Paris School of Economics.

The conference was opened by François Villeroy de Galhau, Governor of the Banque de France (France’s central bank). He stated that financial literacy “shall help everyone make informed decisions”. In this regard, financial literacy is a “factor for economic efficiency and social fairness”, which justifies involvement from public authorities- including, namely, the Banque de France. In partnership with both the Autorité de Contrôle Prudentiel et de Résolution (ACPR- French Prudential Supervision Authority) and the AMF, the Banque de France ought to be a “caring educator, but an attentive regulator”, as it is “imperative that financial literacy and Regulation should be taken forward jointly, as to allow for new technologies to develop, which would be understood by all and for the benefit of all”.

Three roundtables followed. The first roundtable aimed at assessing financial literacy trends and their impact on the financial behaviour of consumers and investors in Europe. The second session focused on the opportunities opened up by new technologies (upon which Fintechs, e.g., crowdfunding platforms, data aggregators and automated financial advice services are thriving) as regards financial behaviours. Lastly, the third panel discussion, which involved several French (AMF, Institut National de la Consommation- INC, French National Institute for Consumer Affairs) and European (European Commission) Regulators, draw conclusions from the first two roundtables and discussed on the issues that an increasingly digitalised financial education raises for Regulatory authorities.

Since this conference raises many crucial questions for Regulation, it is important to recall what has been said in the panel discussion on the role of Regulator with regards to financial education (I.) before sharing some thoughts on this matter of particular interest (II.). 

Updated: April 12, 2010 (Initial publication: Dec. 16, 2009)

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Updated: April 12, 2010 (Initial publication: Dec. 16, 2009)

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Updated: April 12, 2010 (Initial publication: Dec. 16, 2009)

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Updated: April 12, 2010 (Initial publication: Dec. 21, 2009)

Global Committee

Updated: April 12, 2010 (Initial publication: Dec. 16, 2009)

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Updated: April 12, 2010 (Initial publication: Dec. 16, 2009)

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April 7, 2023

JoRC

► 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.