Nov. 12, 2020
Thesaurus : Doctrine
Full reference: Kessedjian, C., Le tiers impartial et indépendant en droit international. Juge, arbitre, médiateur, conciliateur, Académie de Droit international de La Haye, 2020, 769p.
Read the forth of cover (in French)
Read the table of content (in French)
Nov. 1, 2020
Publications
This working paper served as a basis for an interview organized by Olivia Dufour in French in Actu-juridiques-Lextenso on 11st of January 2021.
Oct. 22, 2020
Interviews
Full reference: Frison-Roche, M.-A., "Health Data Hub est un coup de maître du Conseil d'Etat", interview realized by Olivia Dufour for Actu-juridiques, Lextenso, 22nd of October 2020
Read the news of 19th of October 2020 of the Newsletter MAFR - Law, Compliance, Regulation on which relies this interview: Conditions for the legality of a platform managed by an American company hosting European health data: French Conseil d'Etat decision
To go further, on the question of Compliance Law concerning Health Data Protection, read the news of 25th of August 2020: The always in expansion "Right to be Forgotten": a legitimate Oxymore in Compliance Law built on Information. Example of Cancer Survivors Protection
Oct. 19, 2020
Newsletter MAFR - Law, Compliance, Regulation
Full reference: Frison-Roche, M.-A., Conditions for the legality of a platform managed by an American company hosting European health data: French Conseil d'Etat decision, Newsletter MAFR - Law, Compliance, Regulation, 19th of October 2020
Read by freely subscribing the other news of the Newsletter MAFR - Law, Compliance, Regulation
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News Summary: In its ordinance of 13th of October 2020, Conseil national du logiciel libre (called Health Data Hub), the Conseil d'Etat (French Administrative Supreme Court) has determined the legal rules governing the possibility to give the management of sensitive data on a platform to a non-europeans firm, through the specific case of the decree and of the contract by which the management of the platform centralizing health data to fight against Covid-19 has been given to the Irish subsidiary of an American firm, Microsoft.
The Conseil d'Etat used firstly CJEU case law, especially the decision of 16th of July 2020, called Schrems 2, in the light of which it was interpreted and French Law and the contract linking GIP and
The Conseil d'Etat concluded that it was not possible to transfer this data to United-Sates, that the contract could be only interpreted like this and that decree and contract's modifications secured this. But it observed that the risk of obtention by American public authorities was remaining.
Because public order requires the maintenance of this platform and that it does not exist for the moment other technical solution, the Conseil d'Etat maintained the principle of its management by Microsoft, until a European operator is found. During this, the control by the CNIL (French Data Regulator), whose the observations has been taken into consideration, will be operated.
We can retain three lessons from this great decision:
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Read the interview given on this Ordinance Health Data Hub
To go further about the question of Compliance Law concerning health data protection, read the news of 25th of August 2020: The always in expansion "Right to be Forgotten": a legitimate Oxymore in Compliance Law built on Information. Example of Cancer Survivors Protection
Oct. 15, 2020
Thesaurus : Soft Law
Full reference: Serious Fraud Office, Operational Handbook about Deferred Prosecution Agreements, October 2020
Oct. 14, 2020
Thesaurus : Doctrine
Full reference: Petit, N., Droit européen de la concurrence, 3rd edition, Collection "Précis Domat Droit Public/Droit privé", LGDJ-Lextenso, 2020
Oct. 5, 2020
Thesaurus
Oct. 1, 2020
Thesaurus : Soft Law
Full reference: Baer, B., Proposals to Strengthen the Antitrust Laws and Restore Competition Online, Testimony before the United-States House of Representatives, Committee on Judiciary, Subcommittee on Antitrust, Commercial and Administrative Law, 1st of October 2020
Read Bill Baer's presentation by Brookings Institution of which he is a member
Sept. 29, 2020
Newsletter MAFR - Law, Compliance, Regulation
Full reference: Frison-Roche, M.-A., Judge between Platform and Regulator: current example of Uber case in U.K., Newsletter MAFR - Law, Compliance, Regulation, 29th of September 2020
Read by freely subscribing the other news of the Newsletter MAFR - Law, Compliance, Regulation
Summary of the news:
On 22nd of September 2017, Transport of London (TFL), London Transport Regulator, refused to renew the licence, granted on 31st of May 2012 for 5 years, authorizing Uber to transport people because of criminal offenses committed by Uber's drivers. On 26th of June 2018, The Westminster Court prolonged Uber's licence for 15 months under the condition that the platform prevent the reproachable behaviors of its drivers. After these 15 months, the TFL refused once again to prolonge Uber's licence because of the persistence of aggressions against passengers. Uber, once again, contest this decision before the Westminster Court.
In a decision of 28th of September 2020, the Court observes that during the 15 months, the platform implemented many measures to prevent aggressions, that the level of maturity of these measures has improved over time and that the number of offenses was reduced over the period (passing from 55 in 2018 to 4 in 2020). The Court estimated the the implementation of this actions is sufficient to grant a new licence to Uber.
We can learn three lessons from this decision:
Read to go further:
Sept. 28, 2020
Thesaurus : Soft Law
Full reference: Giuliani-Viallard, A., The Europe of Compliance, at the heart of tomorrow's world. For a transformation of our European businesses and the upturn in their international competitiveness, European Issue, n°572, policy paper from the Robert Schuman Foundation, 28th of September 2020, 3 p.
Sept. 24, 2020
Newsletter MAFR - Law, Compliance, Regulation
The Economic Impact of Law: a new report about it. And what about Regulation & Compliance? 3 lessons
Full reference: Frison-Roche, M.-A., The Economic Impact of Law: a new report about it. And what about Regulation & Compliance? 3 lessons, Newsletter MAFR - Law, Regulation, Compliance, 24th of September 2020
Read by freely subscribing the other news of the Newsletter MAFR - Law, Regulation, Compliance
Summary of the news:
On 18th of September 2020, the European Economic and Social Committee (EESC) published a report about the impact of Rule of Law on Economic Growth.
The EESC defines the Rule of Law as the obligation to "all public powers act within the constraints laid down by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts". According to the Committee, the Rule of Law thus defined is favorable and even necessary to a durable economic growth especially because instability of regulations, absence of guarantee of labor and property rights, discrimination or non-application of contracts poorly favors or are detrimental for investments and economic agents' productive activities. The EESC observes by the way that countries which respect the Rule of Law grow more rapidly than those which do not respect it. The Committee also insists on the destructive effect of corruption which destroys public services, public action, public institutions on the long run and confidence, increasing inequalities.
Although EESC approves the actions of European Commission to advance Rule of Law in the Union, it however invites the Commission to continue its efforts by giving a more important place to jurisdictions and by protecting better media freedom in a context of rising autocratic forces in Eastern Europe.
We can learn three lessons from this report:
Sept. 21, 2020
Newsletter MAFR - Law, Compliance, Regulation
Full reference: Frison-Roche, M.-A., Regulation, Compliance & Cinema: learning about Internet Regulation with the series "Criminals", Newsletter MAFR - Law, Compliance, Regulation, 21st of September 2020
Read by freely subscribing other news of the Newsletter MAFR - Law, Compliance, Regulation
Summary of the news:
Season 2 Episode 3 of the British version of the series "Criminals" features the character of Danielle. Danielle is a mother which has decided to hunt down pedophiles on social networks in order to trap them and show to the world their acts. Danielle insists on the efficiency of her action with regard to the police and justice that she finds unproductive. In the episode, Danielle is accused of defamation by the police. While policemen try to explain to Danielle the importance of using a regular procedure and to respect the Rule of Law aiming to prove its accusations, she makes efficiency her only principle. According to her, her methods get results (on the contrary of those used by the police which respect procedures) and those she accuses to be pedophiles do not deserve defense rights.
We can learn three lessons from Danielle's story:
Sept. 16, 2020
Publications
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Full reference: M.-A. Frison-Roche, Se tenir bien dans l'espace numérique, in Penser le droit de la pensée. Mélanges en l'honneur de Michel Vivant, Lexis Nexis and Dalloz, 2020, pp. 155-168.
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📝Read the article (in French)
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English summary of the article: The digital space is one of the scarce spaces not framed by a specific branch of Law, Freedom also offering opportunity to its actors to not "behave well", that is to express and diffuse broadly and immediately hateful thoughts through Hate speechs, which remained before in private or limited circles. The intimacy of Law and of the legal notion of Person is broken: Digital permits to individuals or organizations to act as demultiplied and anonymous characters, digital depersonalized actors who carry behaviors that are hurtful to other's dignity.
Against that, Compliance Law offers an appropriate solution: internalizing in digital crucial operators the mission to disciplinary and substantially hold the digital space. The digital space has been structured by powerful firms able to maintain order. Because Law must not reduce digital space to be only a neutral market of digital prestations, these crucial operators, like social networks or search engines, must be forced to substantially control behaviors. It could be about an obligation of internet users to act with their face uncover, "real identity" policy controlled by firms, and to respect others' rights, privacy rights, dignity, intellectual property rights. In their Regulatory function, digital crucial firms must be supervised by public authorities.
Thus, Compliance law substantially defined is the protector of the person as "subject of law" in the digital space, by the respect that others must have, this space passing from the status of free space to the one of civilized space, in which everyone is obliged to behave well.
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Read to go further:
Sept. 7, 2020
Newsletter MAFR - Law, Compliance, Regulation
Full reference: Frison-Roche, M.-A., Conflict of interests & "revolving doors": what the European Ombudsman said in May 2020, the European Banking Authority agreed in August.Three lessons, Newsletter MAFR - Law, Compliance, Regulation, 7th of September 2020
Read by freely subscribing other news of the Newsletter MAFR - Law, Compliance, Regulation
Summary of the news:
Supervision and regulation authorities' impartiality and independence are conditioned to the fact that their members do not have any conflict of interest with the sector that they supervise or regulate. Such an absence of conflict of interest is necessary to guarantee a climate of trust between the authority and operators. This supposes that regulation and supervision authority members do not cumulate functions of operator and of regulator/supervision during but also after their mandate in the regulation/supervision authority because the anticipation of a future hiring can influence present decisions.
On 2nd of August 2019, the executive director of the European Banking Authority (EBA) informed the authority of its willingness to become PDG of the Association des marchés financiers en Europe, lobby of the financial sector. EBA approved this perspective. However, "Change Finance", a civil coalition, sized the European Mediator explaining that such a professional reorientation created an inevitable conflict of interest. The European Mediator reacted on 7th of May 2020 through a recommendation saying that although EBA took preventive measures, theses measures are not sufficient with regard to the risks. In this recommendation, the European Mediator also made some general propositions to manage future conflicts of interest:
In a letter of 28th of August 2020, the president of EBA told to the European Mediator that he accepts these remarks and propositions.
In this particular case, we can draw three lessons:
Sept. 2, 2020
Newsletter MAFR - Law, Compliance, Regulation
Full reference: Frison-Roche, M.-A., Compliance & Regulatory Soft Law, legal Certainty and Cooperation: example of the U.S. Financial Crimes Enforcement Network new Guidelines on AML/FT, Newsletter MAFR - Law, Compliance, Regulation, 2nd of September 2020
Read by freely subscribing other news of the Newsletter MAFR - Law, Compliance, Regulation
Summary of the news
The Financial Crimes Enforcement Network (FinCEN) is an organ, depending on the American Treasury, in charge of fighting against financial criminality and especially against money laundering and terrorism financing. For this, it has large control and sanction powers.
In August 2020, the FinCEN published a document untitled "Statement on Enforcement" which aimed to explicit its control and sanction methods. It reveals what firms risk in case of offense (from the simple warning letter to criminal pursuits passing through financial fines) and the different criteria on which FinCEN is based to use one sanction rather than another. Among these criteria, we find for examples the nature and the seriousness of committed violations or the firm's history but also the implementation of compliance program or the quality and the spread of the cooperation with FinCEN durning the investigation.
One of the objectives of the publication of such an information document is to obtain the cooperation of firms by creating a confidence relationship between the regulator and the regulated firm. However, it is very difficult to ask to the firms to cooperate and to furnish information if they can fear that this same information can be used later as proof against them by the FinCEN.
Another objective is to reinforce legal security and transparency. However, the FinCEN's declaration does not seem to commit it, because it is not presented as a chart but as a simple declaration. Indeed, the list of the possible sanctions and the criteria used by the FinCEN are far from being exhaustive and can be completed in concreto by the FinCEN without any justification.
Aug. 31, 2020
Newsletter MAFR - Law, Compliance, Regulation
Full reference: Frison-Roche, M.-A., Compliance by Design, a new weapon? Opinion of Facebook about Apple new technical dispositions on Personal Data protection, Newsletter MAFR - Law, Compliance, Regulation, 31st of August 2020
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Summary of the news:
Personal Data, as they are information, are Compliance Tools. They represent a precious resource for firms which must implement a vigilance plan in order to prevent corruption, money laundering or terrorism financing, for examples. It is the reason why personal data are the angular stone of "Compliance by design" systems. However, the use of these data cannot clear the firm of its simultaneous obligation to protect these same personal data, that is also a "monumental goal" of Compliance Law.
In order to be able to exploit these data in an objective of Compliance and protecting them in the same time, the digital firm Apple adopted for example new dispositions in order to the exploitation of the Identifier For Advertisers (IDFA) integrated in the iPad and in the iPhone and broadly used by targeted advertising firms, is conditioned to the consumer's consent.
Facebook reacted to this new disposition explaining that such measures will restrict the access to data for advertisers who will suffer from that. Facebook suspects Apple to block the access to advertisers in order to develop its own advertising tool. Facebook guaranteed to advertisers who work with it that it will not take similar measures and that it will always favor consultation before decision making in order to concile sometimes divergent interests.
We can sleep and already make some remarks:
The whole paradox of Compliance Law rests in the equilibrium between circulation of information and secret.
Aug. 27, 2020
Newsletter MAFR - Law, Compliance, Regulation
Full reference: Frison-Roche, M.-A., "Interregulation" between Payments System and Personal Data Protection: how to organize this "interplay"?, Newsletter MAFR - Law, Compliance, Regulation, 27th of August 2020
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Summary of the news
Regulation Law, in order to recognize and draw the consequences from the specificities of some objects, has been build, at the start, around the notion of "technical sector" although their delimitation is partially related to a political choice. But, in facts, there are multiple points of contacts between sectors, actors moving from one to another as objects. The regulatory solution is so to climb over some technical borders through the methodology of interregulation which is by the way the only one to enable the regulation of some phenomena going beyond the notion of sector and related to Compliance Law.
This news takes the exemple of companies furnishing new payment services. In order to they can provide these services, these firms needs to access to banking accounts of concerned people and so to very sensitive personal data. Regulation of such a configuration needs a cooperation between the banking regulator and the personal data regulator. Legislation being not sufficient to organize in Ex Ante this interregulation, the European Data Protection Board has published some guidelines on 17th of July 2020 about the way it conceives the articulation between the PSD2 (European directive about payment services) and GDPR and has announced that it intended to expand the circle of its interlocutors to do this interregulation. Such an initiative from EDPB can be justified by the uncertainty about how interpreting both texts and articulating them.
Aug. 26, 2020
Editorial responsibilities : Direction of the collection "Cours-Série Droit privé", Editions Dalloz (33)
Référence complète : Revel, J., Les régimes matrimoniaux, 10e éd., Coll. "Cours Dalloz-Série Droit privé", Dalloz, 2020, 410 p.
Janine Revel débute ainsi son ouvrage : "Le mariage est une union de personnes et d'intérêts économiques".
Cela explique que le Droit des régimes matrimoniaux puise aussi bien dans le droit des personnes que dans les techniques du droit patrimonial.
Ce manuel explique clairement et progressivement le statut matrimonial, le choix et le fonctionnement du régime matrimonial, y compris la perspective de liquidation du régime matrimonial, ainsi que les relations patrimoniales qui se nouent entre les époux.
Les règles varient selon les régimes, de la séparation de biens à la communauté universelles mais le régime primaire cimentent tous les couples autour de règles auxquelles le droit français demeure attaché, tandis que ce modèle se décalque sur les couples stables reconnus dont les personnes ne se sont pas mariées.
Lire la quatrième de couverture.
Lire la table des matières
Consulter l'ensemble de la collection dans lequel l'ouvrage a été publié.
Aug. 26, 2020
Newsletter MAFR - Law, Compliance, Regulation
Full reference: Frison-Roche, M.-A., Difficulty of Compliance in Self-Regulation system: example of the Summer 2020 meetings of OPEC about the "conformity" for Oil Market Stability, Newsletter MAFR - Law, Compliance, Regulation, 26th of August 2020
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Summary of the news
The world production of oil is largely coordinated by the Organization of the Petroleum Exporting Countries (OPEC) and especially by its Joint Ministerial Monitoring Committee (JMMC). On 15th of July 2020, this Committee decides to reduce the world production of oil in order to maintain a certain price stability in a context of restricted demand because of the COVID-19 pandemic.
However, such a stability can be maintained only if each member respects this decision and effectively reduce its production level. This meeting of 15th of July also aimed to get member's conformity. In order to get this conformity, the JMMC declared that it will use "name and shame", shaming countries which do not respect the Committee's declaration and naming those which respect it. A second meeting, on 19th of August 2020, reminded to non-compliant countries their obligation and urged them to comply before the 28th of August.
We can observe two things:
Aug. 11, 2020
Newsletter MAFR - Law, Compliance, Regulation
Full reference: Frison-Roche, M.-A., Against money laundering, what time matters? Does it work, between ExAnte and ExPost? (BIL case), Newsletter MAFR - Law, Compliance, Regulation, 11th of August 2020
Read, by freely subscribing, the other news in the Newsletter MAFR - Law, Compliance, Regulation
Summary of the news
The activity of money laundering is detrimental not only in itself but also because it permits the development and the sustainability of other criminal activities such as drug trafficking, weapon trafficking or human beings selling. Fighting against money laundering could permit to indirectly fight against these underlying activities, by the way very difficult to fight. Thus, the fight against money laundering has become a "monumental goal", which justifies the adoption of tools sometimes much more powerful than those used by classical criminal Law. For the sake of efficiency, the legal obligation to prevent money laundering is given to every body able to do it, as banks, real estate agents or gaming society, under the penalty of sanction.
On 10th of August 2020, the Luxembourgish financial market supervisor convicts the International Bank of Luxembourg to pay a fine of 4,5 millions of euros because of weaknesses detected in its process of fight against money laundering. However, when the sanction has been pronounced, the bank had already remedied the weaknesses identified. It is important to observe that what is important for Compliance Law, it is not that a non compliant behavior is punished but rather that the crucial firm modifies its behavior in order to being more efficient in the realization of the "monumental goal", only concern of the public authority. Thus, an Ex Post sanction against the crucial operator is not an end in itself and can be justified only if it permits to incite the crucial operator to act or rather to desincite to do anything. Compliance Law is an Ex Ante legal system.
To go further, read:
Aug. 10, 2020
Newsletter MAFR - Law, Compliance, Regulation
Full reference : Frison-Roche, M.-A., The practical utility to have a firm definition of "Compliance", Newsletter MAFR - Law, Compliance, Regulation, 10th of August 2020.
Read by subscribing the other news in the Newsletter MAFR - Law, Compliance, Regulation
Summary of the news
Some says that defining Compliance is a theoretical and non useful exercice that should be left aside to tackle the study of concrete technical cases. However, to be able to use Compliance tools, it is first necessary to have a clear, firm and simple idea of what is Compliance. Moreover, the future of this new branch of law intensely depends on the definition we choose to use.
Compliance Law gives to some crucial private firms new responsibilities such as the one to fight against global dangers or the one of saving the planet. In this, Compliance Law can be perceived as a kind of new deal between the private sector and public authorities, with the only difference that this time the consent of the private sector is not required.
Some would say that the concretization of such projects is the duty of the State and that private firms, if they must respect the rules, do not have to find a way to concretize a "monumental goal". However, the world face new and systemic dangers in the face of which the State alone is powerless, technically or geographically, and against which crucial companies can act.
It is not about, as some advocate to put human being aside of Compliance Law by letting machines decide. It is about placing the human being and its protection at the heart of Compliance Law. In this, Compliance Law can become a new humanism.
To go further, read Marie-Anne Frison-Roche's working paper, The Dreamed Compliance Law
July 25, 2020
Thesaurus : Doctrine
Full reference: Thouret, T., Le pharmacien, un "opérateur crucial" pour prévenir une crise des opiacés en France, Actu-juridiques, Lextenso, 2020
Lire l'article (in French)
May 28, 2020
Publications
Full reference: Frison-Roche, M.-A., L'impossible unicité juridique de la catégorie des "lanceurs d'alertes" ("The impossible legal unicity of the category of "whistleblowers""), in Chacornac, J. (dir.), Lanceurs d'alertes, regards comparatistes, ("Whistleblowers, comparative perspectives"), Publications of the Centre français de droit comparé ("French Comparative Law Center"), May 2020, Volume 21, p.13-31.
Read the article (in French).
Read the general presentation of the collective book in which this article is published
Read the bilingual working paper which had served of basis for this article.
Read the presentation of the conference "Les lanceurs d'alertes: glose" (Whistleblowers: glose") and especially the slides elabored for the colloquium organized by the Centre français de droit comparé ("French Comparative Law Center") on 23th of November 2018 under the direction of Jérôme Chacornac
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Introduction of the article
"Whistleblowers". This is a new expression. Which is a great success. Barely heard once, we hear it everywhere ...
A topic not of course or knowledge test, but rather a topic of daily conversation. Because it is spoken to us every day, in more or less gracious terms. For example President Donald Trump on October 1, 2019 declared to the press "want to question" the whistleblower who would have illegally denounced him and would not, according to him, have the right to conceal his identity, proof in this according to him of the lying character of his assertions against him, while his lawyer indicates on October 6, 2019 that he is not speaking on behalf of a single whistleblower thus taken to task but of a plurality of people who gave information against the President of the United States. Even the most imaginative screenwriters would not have written such brutal and rapid twists and turns. Spectators, we are waiting for the next episode, secretly hoping for the escalation.
And precisely if we go to the cinema, it is still a whistleblower whose dedication and success, we are told about, even the drama, for the benefit of global society, and in particular democracy, since the secrets are fought for the benefit of the truth. The Secret Man designates Mark Felt as the first whistleblower. Returning to what we often present as being a more "serious" media!footnote-1391, we listen to France-Culture and here is another story told by a historian who worked as an archivist on events that political power would have liked to keep hidden by possibly destroying their traces but which its trade led to preserve: here it is expressly presented to the studious listeners like a "whistleblower" .... While the same radio tries to find the one who could well be, as in a kind of contest the "first whistleblower"!footnote-1727? .... This rewriting of History can be defended because ultimately what did other Voltaire do for Calas, or Zola for Dreyfus?
It is also a subject of legislative discussion since in the United States the Dodd-Frank law of 2010 inserted in the law of 1934 which established the Securities & Exchanges Commission a complete device of remuneration and remuneration of the whistleblowers, whereas after having developed flexible but guiding lines in this regard in 2012!footnote-1698, the European Commission published on November 20, 2018 the text of what will become a Directive intended to give a unified European status to the character, in the system gradually developed to protect the one who was presented in 2018 as that "cannot be punished for having done what is right".
In Europe, the Directive first approved by a Resolution of the European Parliament on April 16, 2019 on the protection of persons denouncing breaches of Union Law and then adopted on October 7, 2019 (Directive of the European Parliament and of the Council of European Union on the Protection of Persons who Report Violations of European Union Law, different title, it should be noted, will have to be transposed into the laws of the Member States within the next two years. , since only "violations of Union Law" are targeted, but the character of the "whistleblower" is more generally targeted: he is "whole"!footnote-1699.
In short, the whistleblower is a star!footnote-1390. A sort of historical figure, covered in blows and glory, going from Voltaire to Snowden, both of whom find themselves embodied on the screens!footnote-1681 ....,
Consecrated by law, which associates with it a legal regime of protection to such an extent that, like a Nessus tunic, it is this legal regime which will define the character and not the reverse. When we read the law of December 9, 2016 relating to transparency in the fight against corruption and the modernization of economic life, known as "Sapin 2", we notice that the Legislator makes much of this character, since 'he dedicates its chapter II to him!footnote-1682: "From the protection of whistleblowers", and that it is by his very protection that he formally opens the door of Right to him.
But why a plural? Admittedly when we read the recitals of the Community Directive of October 7, 2019 on the protection of whistleblowers!footnote-1702, it is only a list of all the subjects on which it is a good idea to protect them, which therefore prompts us to see in this plural only the index of this non-exhaustive list of subjects which it is good to tell us, a sign of the lack of definition of who should alert us. Reading the French law known as "Sapin 2" makes it less severe but more perplexing. Indeed, this plurality referred to by the title of the chapter devoted to "whistleblowers", there is no longer any question in the rest of the law, in the very definition which follows, article 6 which opens this chapter devoted to "whistleblowers" offering the reader immediately a singular since it begins as follows: "A!footnote-1684 whistleblower is a person ...". No mention of diversity. The art of legislative writing would however have required that the qualifying article not only be singular but that it should not yet be undefined. Stendhal if he had still deigned to have the law for bedside book would have wanted to find at the beginning of chapter a sentence like: "The!footnote-1683 whistleblower is a person ...".
Thus seem to contradict themselves within the law "Sapin 2 the very title which presents the character, in that it uses a defined plural (the) while the defining article which presents it is in the undefined singular (one). ...
Here is a first reason not to advance any more but in a very careful way, in this "step by step" that constitutes a reading word for word: a gloss. This consists of taking the expression itself literally. The second reason for this technical choice is that the gloss is well suited to the introduction of a collective work, thus allowing more targeted developments to take place in other contributions, on the techniques, the difficulties and the limits of this protection, or on its history, or the reasons for the arrival in French law of these whistleblowers and the way they develop, or not, elsewhere.
I am therefore going to content myself with taking this already legal expression to the letter: The (I) whistle (III). blowers (II).
Feb. 20, 2020
Thesaurus : Doctrine
Référence complète : Mounoussamy, L., Le smart contract, acte ou hack juridique ?, in Petites Affiches, n°37, 20 février 2020, pp. 12-19.
Résumé par les Petites Affiches : Dans cet article, l'auteur analyse l'arrivée du smart contract, système innovant né du développement des nouvelles technologies, dans un environnement juridique déjà structuré. Il commence par définir la nature du smart contract, et le positionne dans cet ensemble juridique mondialisé. Il en présente les impacts et les perspectives de développement, les forces et les faiblesses ainsi que l'intime relation que noues les technologies informatiques et le droit. Le smart contract est un outil dont l'utilisateur définira s'il viendra disrupter le contrat ou le parfaire.
Nov. 21, 2019
Conferences
Référence complète : contribution à l'organisation et à la tenue de la conférence de présentation de l'Association Henri Capitant, Faculté de Droit d'Oslo, centre de droit privé, 21 novembre 2019.
Par cette conférence de présentation et la discussion qui s'en est suivie avec les juristes réunis à l'initiative du professeur Mads Andenas, professeur de droit à la Faculté de Droit d'Oslo, les bases ont été posées de la constitution d'un Groupe norvégien de l'Association Henri Capitant.