Compliance and Regulation Law bilingual Dictionnary


by Marie-Anne Frison-Roche


In Common Law systems, judges are powerful, respected and create the Law. In the countries of Civil Law, to which for example France belongs, since the French Revolution, judges have been neutral agents for the application of the law. France is a country built on the legislation, where Law is synomyne to the legislation.

But the decisions of the regulatory authorities, which are nevertheless administrative authorities (Independent Administrative Authorities - IAA), can be challenged not only before the administrative courts, which is often said to be close to the administration (judge- Administrator theory), but more often before the European Court of Human Rights (ECHR) before the European Court of Human Rights (ECHR) because of the applicability of the European Convention on Human Rights or before the ECJ or before the the Constitutional Council.

Thus, the judge becomes a central figure in the systems of Regulation, which neither the government nor the administration, nor the companies, nor the economists of the countries of continental law (Civil Law) had until now used.

To the extent that the judge has always been at the center of British and American Law, not only the jurists and economists of these anglo-american countries are more at ease, but also the new law which applies in the new Regulatory Systems tends to be inspired by Common Law rather than by Civil Law. It is then often asserted that the former would be more adequate than the latter. This is not established, but there is more a sort of coincidence between the two traditions, between legal Common Law systems and Regulatory concepts.

However, Europe is in the process of constructing a corpus of jurisprudential rules, notably through the national Constitutional Courts, with regard to economic regulation, which is peculiar to the European space.

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