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📅 This book is based on the 2021 colloquia organised by the Journal of Regulation & Compliance (JoRC) and its Universities partners.
► This book in few words: Sanctions, controls, appeals, deals: judges and lawyers are everywhere in the Compliance mechanisms, creating unprecedented situations, sometimes without a solution yet available. Even though Compliance was designed to avoid the judge and produce security by avoiding conflict. This jurisdictionalisation is therefore new. Forcing companies to prosecute and judge, a constrained role, perhaps against their nature. Leading to the adaptation of major procedural principles, with difficulty. Confronting arbitration with new perspectives. Putting the judge at heart, in mechanisms designed so that he is not there. How in practice to organize these opposites and anticipate the solutions? This is the challenge taken up by this book.
► Read the presentation of the other books of this Collection:
📘 Frison-Roche, M.-A. (dir.), Compliance Monumental Goals, 2022 ;
📘 Frison-Roche, M.-A. (dir.), Compliance Tools, 2020.
► Book Summary: There have always been Judges and Lawyers in Compliance Law, in particular because this branch of Law is an extension of Regulatory Law in which they have a core place. This results from the fact that the decisions taken in respect of Compliance are contestable in Court, including Arbitration, those issued by the Company, such as those of States or Authorities, the Judge in turn becoming what Compliance Law is effective.
The novelty lies more in the phenomenon of "jurisdictionalisation", that is to say that the trial model penetrates all Compliance Law, and not only the Ex Post part that it includes. Moreover, it seems that this jurisdictionalisation influences the non-legal dimension of Compliance. This movement has effects that must be measured and causes that must be understood. Advantages and disadvantages that must be balanced. If only to form an opinion vis-à-vis Companies that have become Prosecutors and Judges of themselves and others ...: encourage this "Jurisdictionalisation of Compliance", fight it, perhaps influence it? In any case, understand it!
► Read the first presentations of the book through some articles of its 4 parts :
📝 Frison-Roche, M.-A., Never exclude Judges and Lawyers in Compliance Law
I. THE COMPANY ESTABLISHED PROSECUTOR AND JUDGE OF ITSELF BY COMPLIANCE LAW
📝 Augagneur, L.-M., Reputational Treatment by and on the platforms
📝 Heymann, J., La nature juridique de la "Cour suprême" de Facebook
📝Latour, D., Les enquêtes internes au sein des entreprises
📝Merabet, S., Etre juge et ne pas juger
II. GENERAL PROCEDURAL LAW IN COMPLIANCE LAW
📝 Cayrol, N., General Procedural Law in Compliance Law
📝Frison-Roche, M.-A., Les outils de la Compliance au crible du Droit processuel
📝 Scemla, S.& Paillot, D., The supervisory Authorities face difficulties to apprehend the Rights of the Defense
📝Frison-Roche, M.-A., Prolégomène pour le système probatoire du Droit de la Compliance
📝Linden, A., Motivation and publicity of the decisions of the restricted committee of the French Personal Data Protection Commission (Commission nationale de l'informatique et des libertés-CNIL) in a compliance perspective
III. ARTICULATION BETWEEN COMPLIANCE LAW AND INTERNATIONAL ARBITRATION
📝Racine, J.-B., Compliance and Arbitration: Problematisation
📝Silva-Romero, E. & Legru, R., What places for Compliance in investment arbitration?
📝 Audit, M., The position of the arbitrator in matters of Compliance
📝 Jourdan-Marques, J., The arbitrator, ex ante judge of compliance?
📝Frison-Roche, M.-A., L'adossement de la Compliance à l'arbitrage international
IV. THE JUDGE IN COMPLIANCE LAW
📝Frison-Roche, M.-A., Le rôle du Juge dans le Droit de la Compliance
📝Morel-Maroger, J.,, Application of Compliance standards by EU Judges
📝Douvreleur, O., Compliance and Judge ruling only on points of Law
📝Wennerström, E., Some Reflections on Compliance and the European Court of Human Rights