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French, Marie-Anne Frison-Roche is a full University Professor. At the end of her studies in Philosophy and Law, in particular a thesis devoted to the adversarial principle written in French ("Géneralité sur le principe du contradictoire") she was the major in the 1991 national private law competition ("Agrégation des Facultés de Droit"). She is currently a full professor at Sciences Po (Paris). Her work focuses on Economic Law, Regulatory Law and Compliance Law, but also on Justice, Global Law, General Theory of Law and Relationship between Law and Art.
See below the presentation of cursus and work.
Currently full professor at Sciences Po (Paris), she founded the Forum de la Régulation (Regulation Forum) as soon as she arrived in 2000, and then in 2001 she founded the Master de Droit économique (Master of Economic Law) and the Chaire Régulation (Chair of Regulatory Law). In 2005 she founded the Concours d'arbitrage international de Paris (International Arbitration Competition in Paris), simulated arbitration, coveringthe regulated sectors in which she works: transport, telecommunications, media, digital, energy, finance, banking, insurance , Health, environment, agri-food and personal data.
Within Sciences Po she created the "Commission de Droit", department bringing together Law Professors, all of whom professors of private law and professors of public law. She created all the specialties in the Master de droit économique, including the specialty of Intellectual Property that she entrusted to Professor Michel Vivant. She founded and co-directed with Professor Horatia Muir-Watt the specialty of Global Law. She recruted Associates professors, such as the lawyer practionner Jean-Michel Darrrois, or the civil servant Jean-Pierre Jouyet, who teached in this Master.
In 2009, she was relieved of all her duties, transferred to a colleague. The Chaire Regulation was closed. The Law School of which she is not a member, was created around the Master de droit économique, whose structure remains unchanged. The Law School has taken over the International Arbitration Competition in Paris with the same initial partners. Marie-Anne Frison-Roche therefore designed The Journal of Regulation (JoR), which she directs and develops. In 2017, it became the Journal of Regulation and Compliance (JoRC).
She has founded several collections of academic publications, including in 1992 the collection of Cours Dalloz - Droit privé for the publisher Dalloz, in 2003 the collection Droit et Économie de la Régulation (Law and Economics of Regulation) for the publishers Presses de Sciences po and Dalloz, in 2005 the collection Droit et Économie for the publisher Lextenso and in 2016 the Series Régulations & Compliance (Regulatory & Compliance Series) for the Journal of Regulation & Compliance, co-branded with Dalloz.
Through all the disciplines on which she works and writes, both within the branches of law (procedure, civil and contract law, company law, financial law, competition law, public economic law, Economics, Philosophy and sociology, Art), Marie-Anne Frison-Roche aims to establish a coherent doctrine in both legal, economic and political dimensions, of the rules applicable to the regulated sectors, this logic making it possible to account for the new conception of the legal systems that is being put in place. Her conception of "Compliance Law" develops it beyong sectors and put human beings in the center of Economy.
Her doctrine of Regulation and of Compliance is based on the idea that Regulation exists either in relation to Competition or, and maybe more, in relation to Risk and to the consideration of Humans. When Regulation takes place in relation to Competition, it can be either to build up Competition or to keep it at a distance, for technical reasons or for political reasons. The tension is even stronger and more definitive between Competition and Regulation when it is related to Risk, which must be prevented or managed. It is characteristic of banking, finance and insurance, but we also find this concern in energy, health, transport, agricultural raw materials or personal data. This first concern of the risk is penetrating in some companies, which carry the major risks by the new legal technique of Compliance. Whith Compliance, Regulation not only becomes stronger but also develops it specific logic beyong sectors. Moreover, Compliance Law put the protection of Humans as "monumental goals" decides by public bodies and internalized in private large companies. It's especially true in the digital.
Marie-Anne Frison-Roche says that Regulation is what puts economic and market mechanisms at a distance from their own power. By the new ties that Regulatory Law establishes with Supervisory Law and Compliance Law, new triangle as basis of this new global system, these powers are put at the service of interests that go beyond them, integrate the political dimension of the Regulatory Law. It is in this sense that the place of the person in the economy, as a human being is by Law a person who can not be reduced to simply evaluable and available human material, is at the heart of this new conception. This is why her reflections on the Person, in particular her work on what is called "surrogacy" by which woman and child are ceded, are not outside or ancillary to her work and activities, but in direct connexion with them.
More than ever, and in a more general way, systems must give way to the conception of Law governed by its purposes, in particular the respect for the individual in the economic performance, which justifies not only Regulators, with technical powers in Ex Ante and Ex Post, etc., but also justifies limits to the powers, public and private, replacing the previous political and legal organization. This is not just an ethical dimension but a legal reconstruction.
The current work of Marie-Anne Frison-Roche, particularly since 2016, aims to show how from the Law of Regulation and beyond it, the Law of Compliance is set up worldwide. Her work is based on all the classical disciplines in which she works since she develops Compliance Law not as a simple "method", not as a specificity of this or that sector, but as a way to achieve the concern for the person, to effectively protect the other, even beyond the borders, on the orders of the Politics even though a "global State" will never exist. Compliance Law is not only a new branch of Law but also a new hope : a direct consideration of human beings, thank to the Law.
Through this triangle, a new system is set up. Marie-Anne Frison-Roche aims to make it accessible, through a Compliance and Regulation Law bilingual Dictionary, freely accessible on the Internet and social networks, access to this not only technical but also political knowledge being essential. Thus, in 2019, the French Government asked her a report on The contribution of Compliance Law to the Governance of the Internet (published in French and in English), since digital world can not be reduced to one sector.
Through her teachings, works and public interventions, Marie-Anne Frison-Roche is building a theory of an autonomous and global regulatory Law, common to all regulated sectors and enlightening a legal system that relies on public authority beyond traditional structures, explaining how Law has distanced itself from the traditionally conceived State. This avoids the often confusion made between Competition Law and Regulatory Law, or between Law and Politics. This leads to a triangular organization between three poles of power: Law, Economy and Politics. This is why she has chosen to be full professor in Sciences po, which is a university of political sciences and not a more traditional Law Faculty.
This transversal vision justifies that Marie-Anne Frison-Roche be requested by governments, regulators, jurisdictions and companies to clarify the guiding principles of Regulatory and Compliance mechanisms, either in its common principles beyond the sectoral organizations or in its technical principles, specific to a sector or through analogies between several sectors. In addition, she is called upon for expert opinions in the field of judicial or political organization.
In addition, she has developed editorial activities. First of all, through the direction of the "Cours Dalloz" collection published by Dalloz, which allows students to access all technical legal knowledge. Then by the "Droit et Économie" collection published by Lextenso-LGDJ, made up of monographs or collective works of research in which economists and lawyers converge on the same issue. Finally, by the series "Régulations & Compliance", which, following the collection "Droit et Économie de la Régulation", publishes works on the specific topic of Regulation and Compliance.
Consult her detailed C.V.
See her most recent activities.