Sept. 15, 2023


📝Compliance : demandez le programme ! (Compliance: ask for the programme!)

by Marie-Anne Frison-Roche

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► Full ReferenceM.-A. Frison-Roche, "Compliance : demandez le programme !" ("Compliance: ask for the programme!), J.D.E., 2023/7, No. 301, p. 349.


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► Summary of the article: Compliance programmes are neither constraints imposed by a 'mad regulator' forcing companies to show in advance that they comply with all the regulations applicable to them, nor are they a delegation by the State of tasks it is incapable of accomplishing, such as eradicating corruption or stopping global warming.

On the contrary, they are a tool in the service of the alliance between public authorities and companies in the pursuit of the Monumental Goals of Compliance Law. Through them, the company implements actions to prevent the systemic risks associated with its activity. It thus assists the authorities in regulating new areas (digital, space) while adopting a sustainable strategy. As a result, it does not suffer from regulations, but participates in shaping the future. In this future, the judge plays a central role in shaping the compliance programmes that will be raised or challenged in 'systemic cases'.


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