► Full Reference: M.-A. Frison-Roche, "Droit de la compliance : tour d'horizon" ("Compliance Law: Overview"), in Droit de la compliance (Compliance Law), École nationale de la magistrature – ENM (French National School for the Judiciary) in collaboration with the École de Formation professionnelle des Barreaux du ressort de la cour d'appel de Paris – EFB (Paris Bar School), Paris, February 1, 2024.
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► This conference is given in French
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🧮see the full programme of this event (in French)
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consult on LinkedIn a general presentation of this event, which links to a presentation of each speech (in French)
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🔲see the slides used to support the presentation (in French)
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🎤see a presentation of the other speech about "Compliance et Responsabilité civile : comprendre et raison garder" ("Compliance and Civil Liability: understanding and keeping our heads"), given at the same symposium
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► Presentation of the conference: Compliance Law is mysterious in itself, because it is still in creation1🕴️M.-A. Frison-Roche, 📝Naissance d'une branche du Droit : le Droit de la Compliance (Birth of a branch of Law : Compliance Law), to be published., because its presence and power are felt, but it is difficult to grasp it. It is necessary, however, because it deals with the most important, even the most dramatic, facts and carries with it the greatest ambitions. Magistrates must also "make the effort" to participate in the "adventure of Compliance Law", because it affects, and even overturns, all subjects, and because the Prosecutor and the Judge play an increasing role in it2🕴️M.-A. Frison-Roche (ed.), 📘Compliance Jurisdictionalisation, 2023..
Because the purpose of this conference is to introduce the two days of a training course designed for magistrates and open to lawyers, it only provides an "overview" of, so that we do not get lost in the sprawling regulations, the global mechanisms and the political ambitions that permeate them.
Therefore, without going into any of the subjects, it is about opening up four ways of entering what is a branch of Law that is being born before our eyes:
1. Understanding Compliance Law through "regulations"
2. Understanding Compliance Law through "tools"3🕴️M.-A. Frison-Roche (ed.), 📘Compliance Tools, 2020.
3. Understanding Compliance Law through "methods"
4. Understanding Compliance Law through "goals"4🕴️M.-A. Frison-Roche (ed.), 📘Compliance Monumental Goals, 2023.
The four approches are legitimate because the four dimensions are articulated in the legal system, notably case law.
But the more positive Law is consolidated, the more its normativity through the goals that give normativity, or even a simplicity without which the whole is not humanly controllable.
These Goals are Monumental and Europe bears them more and better than other areas of the world5🕴️M.-A. Frison-Roche (ed.), 📕Pour une Europe de la Compliance (For the Europe of the Compliance), 2019..
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- 🕴️M.-A. Frison-Roche, 📝Naissance d'une branche du Droit : le Droit de la Compliance (Birth of a branch of Law : Compliance Law), to be published.
- 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Jurisdictionalisation, 2023.
- 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Tools, 2020.
- 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Monumental Goals, 2023.
- 🕴️M.-A. Frison-Roche (ed.), 📕Pour une Europe de la Compliance (For the Europe of the Compliance), 2019.