🎥Compliance and management: mediation rather than punishment, Interview with 🕴️Marie-Anne Frison-Roche by 🕴️Jean-Philippe Denis,🎬 Series of talks on Compliance Law, in 📺 Open windows on management

► Full reference:  M.-A. Frison-Roche, "Compliance et management : la médiation plutôt que la sanction ?" ("Compliance and management: mediation rather than punishment?"), interview conducted by Jean-Philippe Denis as part of a series of interviews on Compliance Law, in Fenêtres ouvertes sur la gestion (Open windows on management), broadcast by J.-Ph. Denis, Xerfi Canal, recorded December 12, 2023, released on May 22, 2024

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🌐consult the December 2023 presentation of the interview on LinkedIn

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🌐read the MAFR. Law, Compliance, Regulation of April 2024 based on this interview 

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🧱consult the general presentation of this series of interviews on Compliance Law

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🎥view the full interview on Xerfi Canal

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► Starting point: Since 2016, Marie-Anne Frison-Roche has been building Compliance Law, notably through a collection co-published in French with Editions Dalloz and co-published in English with Editions Bruylant: 

🧱lire la présentation de la collection en langue française, Régulations & Compliance ➡️click HERE 

🧱read the presentation of the series in English, Compliance & Regulation ➡️click HERE

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► Summary of interview:

Jean-Philippe Denis. Question: To put it bluntly, isn't Compliance Law expressed by the BNP Paribas fine?

Marie-Anne Frison-Roche.  Answer: It is still through this fine that Compliance is often perceived. How regrettable...

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Jean-Philippe Denis. Q.: At least, that's how the Politician realised there was a subject....

Marie-Anne Frison-Roche.  A. : This is true, and not just for politicians and firms since this case has had an impact on European public opinion. This matter has therefore become known for the violence of the sanctions, and the intervention of heads of State to reduce their consequences. But we're talking about sanctions. Meanwhile, others talk about compliance through soft law, soft co-regulation, charters and soft commitments, the contours of which are sometimes uncertain. Today, adjustments are made regarding the Monumental Goals of preserving the systems on which this Compliance Law is based, and tools are used on this basis, tools with which lawyers are very familiar: contracts. Through contracts, enterprises structure their compliance obligations.

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Jean-Philippe Denis. Q.: You point out that Compliance Law is becoming more civilised and that more people are resorting to mediation.

Marie-Anne Frison-Roche.  A.: Yes, Compliance Law is becoming more civilised, and civil law is becoming increasingly important, particularly through Contract Law, with stipulations being inserted to prevent human rights or environmental infringements. As Compliance Law operates on an ex-ante basis, the enterprise will organise dialogue with stakeholders, in particular when vigilance plans are drawn up, Vigilance mechanism being the spear head of Compliance Law. If the situation becomes litigious and the matter is referred to the courts, the civil courts, whose role is growing, will themselves organise mediation. Mediation, which is now part is an instrument for bringing the parties together and finding solutions.

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