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Regulation in practice. The de facto independence of regulatory agencies

On the paper the "Autorité de Régulation du Secteur de la Microfinance» - ARSM" (the Regulatory Authority of the Microfinance Sector), established by law in Niger, is both original and powerful. Indeed, it is rare that this financing mechanism be regulated by a body that is its own and the Decree of 27 March 2007 that created gives it the powers to deliver licenses, permits to exercise, to disseminate information, to monitor the " Systèmes Financiers Décentralisés"- SFD (Decentralised Financial Systems), to conduct inspections and sanction. But in reality, the economic culture of savings failed in Niger and political instability made goes away a few foreign cooperative banks which had supplemented the lack of conventional banks. The Authority also requests that the public authorities, managers of the structures of micro-credit clean up the sector, before injecting any new money.

Translated summaries

 

ENGLISH

Nearly 40% of French consumers feel badly or inadequately protected. This scientific report written in French and made by three members of the Conseil d’Analyse Economique du Premier Ministre (French Prime Minister’s Economic Analysis Council) formulates six propositions to organize a better protection, because this consumers protection is a crucial social issue.

 

FRENCH

Près de 40% des consommateurs français se sentent mal ou insuffisamment protégés. Le présent rapport scientifique rédigé en français et réalisé par trois membres du Conseil d’Analyse Economique du Premier Ministre formule six propositions pour organiser une meilleure protection, car cette protection des consommateurs est une question sociale cruciale. 

 

 

 

 

The case of Libor continues to produce its effects. Some of its ramifications are jurisdictional, through prosecution for price manipulation or cartel, some are normative, through institutional reflections about reforms deemed necessary of the Libor mechanism. After UK, it's the turn for the European Commission to organize a large consultation about it.

►This scientific manifestation is placed under the scientific responsibility of Marie-Anne Frison-Roche and Lucien Rapp.

This manifestation is organized by the Journal of Regulation & Compliance (JoRC) and by the IDETCOM of Toulouse-I-Capitole University.  

📅 This colloquium is part of the cycle of colloquia organized in 2021 around the general topic about Compliance Monumental Goals

 

 

 

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► Interventions during this colloquium will be the base for a specific chapter in : 

📕 Les buts monumentaux de la Compliance,    forthcoming in the series Regulations & Compliance, co-published by the Journal of Regulation & Compliance (JoRC) with Dalloz.

📘Compliance Monumental Goals,    forthcoming in the series Compliance & Regulation, co-published by the Journal of Regulation & Compliance (JoRC) and Bruylant.

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The colloquium will take place, a priori, on site in Toulouse, on October 14, 2021. 

It will be broadcasted in live online.

🎥 Videos will be extracted. 

► Presentation of the topic : 

Compliance Law tends towards "Monumental Goals". This puts the concern, the calculation and the control of proportionality at the center. Proportionality is one of the most common references for compliance practices and strategies, but paradoxically, one of the least well defined. Perhaps even one of the most elusive.

For the German Federal Constitutional Court in Karlsruhe, the principle of proportionality allows the quantitative easing policies of the European Central Bank (ECB) to be monitored. This principle is linked to nothing less than the principle of democracy and is the basis of the control of ultra vires. In French law, proportionality refers to the provisions of Article 8 of the Déclaration des droits (Bill of Rights) of 1789, according to which the law should only establish penalties that are strictly and obviously necessary. In many areas of civil or business life, the compliance of behavior and the consequences of non-compliance are assessed on the basis of a graded assessment by the censor (competitor, regulator or judge).

Proportionality calls for action, which opens up a margin of appreciation to take into account the facts or circumstances. It also allows for the exercise of control over abuse of rights or excess of power. It goes beyond the office of the judge or the censor to forge one of its tools: the control of proportionality, which is obviously not the proportionality of the control.

How to integrate proportionality into compliance practices and strategies?

Does it introduce a certain tolerance in the assessment of situations and is it thus a factor of rediscovered freedom in the development of risk matrices?

Conversely, is it not synonymous with increased vigilance on the part of compliance officers, by leaving open the possibility of a reinforced control of their acts or decisions, by the evaluation of their advisability and not of their conformity alone?

 

► Working method: 

🚧  The colloquium is built around 4 topics, which would be prepared in 4 working papers. 

🚧  The writing of each working paper will have been entrusted by experts. 

Secondly, these working papers will be available to be criticized by two practionners of Compliance technics. 

For each topic, there will be these three sequences: 

• Presentation of the topic by the author of the working paper ;
• Discussion by the two discussants, who will have read the working paper previously ;
• Discussion with the public onsite and online.

 

The four topics chosen are: 

1️⃣ Proportionality and Conformity

2️⃣ Proportionality and Evaluation

3️⃣ Proportionality and Normativity

4️⃣  Proportionality and Sanction 

 

►  registrations and information  :

• attendance to the manifestation is free, onsite or online
• every registration for an attendance onsite will be supported by Toulouse-I-Capitole University
• information will be available on a website opened by Toulouse-I-Capitole University 

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►Will speak, notably : 

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

🎤 Alexandra Mendoza-Carminade, professor at Toulouse-I-Capitole University

🎤Lucien Rapp, professor at Toulouse-I-Capitole University

🎤 Marc Segonds, professor at Toulouse-I-Capitole University

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See the program below:

L'apport du Tribunal de première instance des Communautés européennes au droit communautaire de la concurrence