👤 SIPROUDHIS, Jean-Baptiste
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► Full Reference: Siproudhis, J.-B.,, C., The transfer of responsibility from the regulator and the judge to the company: demonstration by the whistleblowing mechanism, in Frison-Roche, M.-A. (ed.), Compliance Jurisdictionalisation, series "Compliance & Regulation", Journal of Regulation & Compliance (JoRC) and Bruylant, to be published.
► Article summary (done by the author) : From the practitioner perspective, compliance is geared towards a gradual transfer of responsibilities from both regulators and judges.
In France, the whistleblowing mechanism imposed by the so-called "Sapin 2" and "Duty of Vigilance" laws illustrates this evolution. Indeed, internal alerts management follows key judiciary process milestones : admissibility, investigations, dismissal or sanction.
This turns corporations duties into prosecutors or judges’, provided that they respect a specific framework contributing to respect the rules of a fair trial.
This requirement raises several legal and sociological challenges to which the author devotes his developments.