► Full Reference : K. Lenaerts, "Le juge de l'Union européenne dans une Europe de la Compliance" ("The Judge of the European Union in the Europe of the Compliance"), in M.-A. Frison-Roche (ed.), Pour une Europe de la Compliance, series "Régulations & Compliance", Dalloz, 2019, p.1-12.

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📕read a general presentation of the book, Pour une Europe de la Compliance, in which this article is published

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► Summary of the article (done by the Journal of Regulation & Compliance): 

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🦉This article is available in full text to those registered for Professor Marie-Anne Frison-Roche's courses

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► Fulll Reference : Frison-Roche, M.-A. (ed.), Régulation, Supervision, Compliance (English translation: "Regulation, Supervision, Compliance"), Paris, collection "Régulations", Dalloz, 2017, to be published.

This collective book is published in French but summaries of every article are available in English

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Book presentation in English :

Regulation. Supervision. Compliance.

Three terms almost unknown to legal systems. Or at least considered as peculiar to Anglo-American legal systems: Regulation, Supervision, Compliance. So many expressions that would constitute Trojan horses by which the Common Law and american mechanisms would seize the other legal traditions to better bend European companies, especially banks, appropriating institutions, imposing strange methods.

Three words by which the invasion is carried out. Through the violence of repression and penalties of compliance, by the mildness of codes of conduct and corporate social responsibility. By laws as new as strange such as in France the law known as "Sapin 2" or the law instituting a "duty of vigilance" to companies whose failure would be to have successfully deployed internationally their activities.

One can have this defensive conception of Compliance, generating a "Compliance Law", produced by internalization in global economic operators of the Regulation Law, which are then subject to Supervision by Regulators, even though these firms are not regulated, as the Compliance does extend beyond supervised sectors (banks and insurance companies).

We can (and maybe must) have a more welcoming, and therefore more offensive, concept of Compliance. This can be the crucible of a relationship of supra-national Trust between these operators and regulators, the former being able to contribute as the latter to serving goals that all exceed them and whose fight against corruption and money laundering are only examples.

In this way, the issue is the construction of the European Compliance Law.

Authors :

• Jean-Bernard Auby,
• Jérôme Bédier,
• Alain Bénichou,
• Jean-Michel Darrois
• Isabelle Falque-Pierrotin,
• Marie-Anne Frison-Roche,
• Benoît de Juvigny,
• Jacques de Larosière,
• Bruno Lasserre,
• Arnaud de La Cotardière,
• Jean-Claude Marin,
• Didier Migaud,,
• Yves Perrier,
• Jean-Marc Sauvé.

Voir la présentation du cycle de conférences sur lesquelles s'est construit l'ouvrage.

Voir la présentation générale de la collection dans laquelle l'ouvrage est publié.

Utiliser le bon pour commander l'ouvrage.

Complete references :  Frison-Roche, M.-A. (dir.), Internet, espace d'interrégulation, Serie "Régulations", coll. "Thèmes & Commentaires", Dalloz, Paris, 2016.

Read the presentation of the book (written in French).

Read the presentation of the  authors of the contributions (written in French)

"Regulate the Internet".

Some argue that any regulation is contrary to the nature of digital. Others argue that this is indispensable, for its economic deployment and for public freedoms. Internet renews conceptions and practices. Notably those of the Law of the Regulation. Indeed, the Internet makes it possible to offer and obtain services that are in often regulated sectors: financial, audiovisual, healthcare, gaming. Moreover, they converge in new objects: the connected objects.

Often described as a "legal desert", digital appears as a kind of jumble of systems of various regulations that overlap, deform and contradict each other. In reaction, an "interregulation", de facto or de jure, in law more or less flexible, is in the process of being established. Who will be the Regulator: The States? The judge? The Internet users?

The future is open.

The book first determines the "Interregulation Needs" and then describes and conceives solutions for the interregulation of the digital space.

Read the presentation of the two articles written by Marie-Anne Frison-Roche:

     Thinking the world from the notion of "data"
     To draw the regulatory consequences of a rethinked world from the notion of "data"

The working papers which are the base of these articles are written in English.