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Chairman of the Board of Directors of KPMG S.A. (KPMG France). Jean-Luc Decornoy graduated from the ESSEC and is also an accountant and auditor. Jean-Luc Decornoy became part of KPMG in 1977. He became a partner in 1988. He was nominated Director-General in 1993, and has been the Chairman of the Board since 2001. (...)

Full reference : Frison-Roche, M.-A., The practical utility to have a firm definition of "Compliance", Newsletter MAFR - Law, Compliance, Regulation, 10th of August 2020.

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

 

Summary of the news

Some says that defining Compliance is a theoretical and non useful exercice that should be left aside to tackle the study of concrete technical cases. However, to be able to use Compliance tools, it is first necessary to have a clear, firm and simple idea of what is Compliance. Moreover, the future of this new branch of law intensely depends on the definition we choose to use. 

Compliance Law gives to some crucial private firms new responsibilities such as the one to fight against global dangers or the one of saving the planet. In this, Compliance Law can be perceived as a kind of new deal between the private sector and public authorities, with the only difference that this time the consent of the private sector is not required.

Some would say that the concretization of such projects is the duty of the State and that private firms, if they must respect the rules, do not have to find a way to concretize a "monumental goal". However, the world face new and systemic dangers in the face of which the State alone is powerless, technically or geographically, and against which crucial companies can act.

It is not about, as some advocate to put human being aside of Compliance Law by letting machines decide. It is about placing the human being and its protection at the heart of Compliance Law. In this, Compliance Law can become a new humanism. 

 

To go further, read Marie-Anne Frison-Roche's working paper, The Dreamed Compliance Law 

Passenger transport markets in Europe have been, and continue to be, liberalised across jurisdictions and sectors.

Since July 2015, passenger coach operators in France have been allowed to operate without regulation on longer routes (over 100km). For shorter routes, ARAFER, the French regulator for rail and roads, will test whether the coach service is likely to threaten the viability of the public rail service offered by SNCF on the same route. What changes could this reform bring, and how might the economic test be applied?

L’interrégulation et les relations internationales entre États

Mara Cameran holds a diploma from Bocconi University (Milan) and a doctorate in business management. She is an associate professor of financial accounting at Bocconi University (Milan) and teaches lectures on accounting and auditing within the accounting department. (...)

In the United States, if the State courts took different positions on whether the game of poker is a game of chance or a game of strategy, this is the first time that a federal jurisdiction decides the issue by this judgment of August 21, 2012 ruled by Judge Jack Weinstein. The question is crucial for the Regulation of online gambling because gambling is regulated or even prohibited by State, but not strategy games. Qualification depends on the definition that is given in the game according to the judge, who relied on recent scientific studies, the gain in poker does not depend poker mostly luck but skill. Therefore, it escapes the regulations that surround gambling.

Jérôme Haas' studies consisted in a bachelors' degree in law, and diploma from Sciences Po Paris. Following his graduation from the ENA, he became a member of the Direction du Trésor. On January 15, 2010, he was appointed President of the Autorité des Normes Comptables. (...)

Edited by Roger J. Van den Bergh, Professor of Law and Economics, Alessio M. Pacces, Professor of Law and Finance,University Rotterdam, European Corporate Governance Institute (ECGI). Snd ed., Elgar Publisher, 2012, 800 p. Richard A. Posnor presents this collective book : "This book of essays on the economics of regulation is comprehensive and authoritative, and is particularly noteworthy for its emphasis on European as well as American regulatory methods. The international perspective is important because of the long history of regulatory failures on both continents, the increasing integration of the economies of both continents, and the resulting need of both regulatory cultures to learn from each other.".