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This working document served as the basis for an article, contribution in the collective book Compliance Tools, 2020 - Summary of this working paper: Training is a specific Compliance tool and a dimension that each Compliance tool expresses.  Firstly, as a training it is a specific Compliance Tool, it is supervised by Regulators. It even becomes compulsory when it is contained in Compliance programs. Since the effectivity and the efficiency are legal requirements, what is therefore the margin of companies to design it and how can we measure its result? Secondly, as each Compliance Tool contains, more and more, an educational dimension, we can take back each of them to detect this perspective. Thus, even sanctions and prescriptions, are lessons: lessons given, lessons to follow. The question is then to know who, in this so pedagogic Compliance Law, are the "instructors"? -       Introduction: Training is akin to these things – and very precious – that we do, or even dream of doing, but so poorly expressed from the moment we take them as an object of technical writing. Just do it. It would be however unfortunate to publish a book on Compliance Tools without giving a particular place to training, the piece would miss in the puzzle. So much money spent by companies, by fair or foul means, especially when Compliance programs imposed as sanctions contain heavy training obligations leading people to retain word for word everything that is forbidden to them, in order to always abstain from now on. Training is thus the sharp point of such Hard Law appearing under the steel of Criminal Law's sword in amphitheaters and e-learnings.  But also so much speeches about the necessity of a "Compliance culture" which should be instilled to firms, Compliance spousing with joy in an harmony with their "raison d'être" and the historical identity of this group of people which is the company itself through trainings which tell Compliance as a link, an outstretched hand toward those with whom managers want to renew a moral contract in an ethic for which they give the good example. It is not Prohibition anymore but Communication and Community that set the tone of a human dialogue with employees, stakeholders, administration and judges.  It is possible to assume that the former does not exclude the latter, that Training should target all of this, the learning of mandatory prescriptions to follow without discussion but also the adhesion to guidelines, and this because everyone has understood that they are funded. Everything and its contrary, then. "Learning by heart" takes here its full sense: get everyone to remember mechanically in order for no one to misstep (with always more machines which massively teach us the regulatory corpus on our mobile screens) but also succeed in bringing our "heart" in Compliance, thanks to specific training methods (with always smaller groups, with always less public discussions in pleasant places). Everything and its contrary, then. It would be imperative but also sufficient to cumulate. Doing everything. Those who propose training softwares as those who organize conferences, meetings and travels and are favorable to this addition of face-to-face and distancing methods, of mechanic and of human relations. Concretely, at the end companies observe that since the first does not replace the second, costs add up. But, in Compliance, costs constitute a grave default of it, training taking a large part of this default. Managers end up finding the addition too heavy, especially if they thought that training of people is one of the public school's mission and not one of private companies' purpose. Moreover, training to Compliance is not outside Compliance Law, which makes it specific. Indeed, Compliance Law, corpus of Ex Ante mechanisms, targets to concretize "monumental goals". Set by public authorities, these monumental goals are internalized in companies in order for them to implement expected means in order for them to be reached in the future. These monumental goals can be negative (that corruption, money laundering, human rights violations, financial system crisis, etc. shall not occur), or positive (that ecological equilibrium shall be restored, that education shall be supplied, that healthcare shall be provided, etc.). Compliance Law takes as criteria of effectivity for implemented mechanisms, their reality, but also their efficiency, that is their ability to make sure their goal is achieved.Training must achieve its goal. Thus, in Compliance, the purpose is not only the one of every training, that is transmitting a knowledge in order to making the student more learned, but it is to contribute to the "monumental goal" of Compliance Law itself, which is a practical goal and not a scholar goal. For example, training about the applicable rules concerning corruption should have an effect to reduce corruption. And because corruption is itself a part of Compliance Law, in the same way the Regulation Authority can force to educate oneself or train others, the Supervision Authority should control not only the reality but also the effectivity and the efficiency of trainings.  However, the effectivity and the efficiency of Compliance training, because they are full part of Compliance Law, should be controlled by the Authority not only in their reality but also in their concrete ability to participate in the pursued goal. Thus, to keep the example of fight against corruption, training plays in it an essential role because the firm faces an alternative: either a mechanic solution consisting in setting literal interdictions, for example the interdiction to give up a value greater than a certain amount (according to the "anti-gift" rule) with the risk of getting around that every literal prescription offers, or a a solution by training consisting in explaining to everybody that it is wrong to corrupt but that it is acceptable to give samples. Training rather bets on spirit while the machine integrates the letter.  But this refers to the Regulation and Supervision Authority which will appreciate the company due diligences to reach the goals. One observes that, more and more, Authorities economize one step: rather than explain to the companies how educate people that work for them or with them, regulators educate directly.  Is on this point remarkable the "guide" published in 2012, whose second edition of 2019 has been updated in 2020, jointly by the Department of Justice (DoJ) and the financial regulator (Securities &Exchanges Commission – SEC) to know everything about the Foreign Corruption Practices Act (FCPA). Through the explanations offered to everyone of the principles, the reminded definitions, the told cases, they are behaviors prescriptions which are formulated especially for foreign companies by the prosecutor authority and the American sanction authority, allied in this handbook which has such weight that we can consider that it is as valuable as a guideline, soft law creator of Law and rights.  In the concentration of all powers which is often reproached to the Regulator, there is also the magisterium of the teacher, the one who educates stakeholders. After having assumed, on the American model, that the regulator should be the "advocate" of the rules for companies, proving to them the interest  that they have to respect them, it is logical that, in what some have called "Regulation, Act 2" this Regulator's pleading about the good news of Regulation for the firm justifying thus that this one integrates it in Ex Ante was prolonged in magistral lesson: the "regulator-institutor" explains to everybody how using rules for an always still in progress Law ("Better Regulation").  While training was before only peripheral, it is now at the heart. If it is so important, as every other "Compliance tool", it should take what we expect from it. The publications about training most often exhibit what it should be and a sorrowful spirit measures what sometimes appears as a huge gap between descriptions and realities sometimes reported.  Educating being without any doubt one of the most difficult actions, we should probably neither describe a paradise of maieutics nor write a hot paper against what already has  the merit to exist, but list what we can expect from Training mechanisms when they apply to Compliance, because here, rather more than for the other tools, it is a mean obligation. Which content should have a training ? (I). Because Compliance Law targets training as one of the mean to reach "monumental goals" which constitutes the substantial heart of this branch of Law, the training dimension is not limited to stamped training, finding back this pedagogical dimension in almost all the other tools (II). In that, Training appears as the alpha and the omega of Compliance.    

Full reference: Faure-Muntian, Valeria and Fasquelle, Daniel, Information Report of the Commission des Affaires économiques (committee on economic affairs) on digital platforms, Assemblée National (National Assembly), June 2020, 104p. Read the Report

Full reference: Rapport sur la responsabilité des sociétés et de leurs dirigeants en matière sociale et environnementale et examens des conséquences juridiques associées aux modifications apportées à l'article 1833 et 1835 du Code Civil, Haut Comité Juridique de la Place Financière de Paris, 19th of June 2020 Read the report

The Journal of Regulation & Compliance collaborates with:  The GREDEG of the University of Nice Sophia-Antipolis The Institut Léon Duguit of […]

The Journal of Regulation & Compliance collaborates with:  The GREDEG of the University of Nice Sophia-Antipolis The Institut Léon Duguit of […]

The Journal of Regulation & Compliance collaborates with:  The GREDEG of the University of Nice Sophia-Antipolis The Institut Léon Duguit of […]

🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law  - ► Full Reference: M.-A. Frison-Roche, The dreamed Compliance Law, Working Paper, June 2020.  - This Working Paper, "The Dreamed Compliance Law", is the basis for an article, written in French, "La compliance" (Compliance), inserted in the collective work to be published under the direction of Jean-Baptiste Racine, Le Droit économique du XXIème siècle (The XXIe century Economic Law , in the Serie Droit & Economie,   Lextenso – LGDJ, 2020. -   No one can know what the Law of the 21st century will be. Pretending to know it is just not to realize its ignorance. Why then writing about it, since the future is always surprising? One can only write about the unknown part of the Law of tomorrow. If the future is then modeled on what was written, so much the better for the prophet, a tribute that can, for example, be paid to Pierre Godé¹Mélanges Pierre Godé, off-trade book, 2019.  who described in 1999 what was going to be 10 years later "Law of the future" constituted by Environmental Law²Godé, P., Le Droit de l'avenir (Un Droit en devenir), 1999. . If the future denies the author or if its contours in no way follow the lines of the written word, this is not serious since the writing of the Law, even if it has the specificity of being partly prescriptive in that it has the power to write the future, a normative pen that rounds up letters³It is in particular the idea of the movement of analysis of Law & Literature which poses that by telling the past in one way or another, by thus inventing it, Law, and in particular the Judge, invents the future and being written, creates it. On this movement which was powerful in the United States, v. Cabrillac, R. et Frison-Roche, M.-A., Droit et Littérature, à paraître. , it participates in all writing: above all to be that of a dream. Lévi-Strauss argued that teaching is defined as dreaming out loud. Teaching and describing the Law of a century that we will never know gives even more freedom to dream about it. This freedom increases when the object is a branch of Law in the process of being born, state of the stammering "Compliance Law" of which some still maintain, as it was made for Regulation Law, that there is not existing. The hand can then, as it pleases, trace its beautiful or hideous features: what face will Compliance Law have, as soon as we assume that it will exist? It may as well be a nightmare (I) as a happy dream (II). It is up to us to choose in which category this branch of Law will flourish. Because what we can be sure of is this fulfillment. It is certainly already taking sides to presuppose the very existence of Compliance Law. Not only to consider it possibility with hostility because to be an enemy of something or someone is already to recognize their existence. Before that, two objections radically block the very existence of Compliance Law and their shadow remains in the future of it⁴See infra I. Compliance Law as nightmarish octopus. . Firstly, it is said that Compliance does not come under Law, but for example only ethics since it would consist in keeping well in companies which care about the interest of others or the planet, for example by spontaneous care of the environment; Compliance being a crystallization of social responsibility, the one for which we have our conscience, we express our "raison d'être" and we are not accountable⁵On the fact that "social responsibility" makes it possible not to be legally responsible, cf. Supiot, A., Du nouveau au self-service normatif: la responsabilité sociale des entreprises, 2004; this is not the subject of this article and this question will not be developed here.. Or it would consist in technologically putting in place tools for capturing technical information using data storage and processing methods. Compliance is then a sub-category of "Data Regulation"!⁶See, for instance, ..., Replace Regulation by norm by Regulation by Data, 2020. , a mechanical concept in which Law is no more present. In these two perspectives, Compliance Law cannot exist, no more tomorrow than it would exist today. These two radical conceptions, completely entrusting Compliance mechanisms to everyone except lawyers, do not make sense because it suffices to note the development of judgments and laws to measure the legal phenomenon already present⁷See, for instance, Frison-Roche, M.-A., Compliance Law (monography), 2016 ; Compliance Law, 2020. . Second, there would be many Compliance mechanisms but insufficient to constitute a branch of Law. Indeed we would find Compliance in Company Law, Labor Law, Financial Law, Banking Law, Criminal Law, Administrative Law, European Law, International Law, etc. These classic branches, which have been formed for so long, depending on the point of view adopted, would gain in modernity or be threatened with decay by this kind of extension which will be Compliance. There would thus be as many "little legal sectoral rules" as there are branches of law. These new internal developments would be like a new bud, on which care should be taken – if the tree regains its strength – or a weed to be eradicated – if the French garden loses its perspective. Thus the matter being scattered as many as specialist lawyers, often criminalists or specialists in banking and Financial Law, then tomorrow all specialists in all branches of Law, this could constitute the most radical obstacle to the constitution of Compliance Law. Indeed, we would come back to confuse Compliance and the "modernization" of Law itself as a whole, since it would only be a question of perfecting each of the classic branches of the legal system. If we keep in this half-sleep that is any projection in the future the hope of a constituted branch of Law, we must discard these two perspectives of annihilation, either in the total absence of Law or in recovery by all Law. To dismiss the sorrowful spirits who see no future in Compliance and keep only its enemies in the space of this article, let us assume that Compliance Law will exist in the 21st century. In what form and by what means, in the palm of which institutions, in the shadow of which legal system? Since it is a question of projecting ourselves onto the black screen of our nights of dreamy lawyers, let us take the current state only as a trailer. Like the one developed by the genius who by the contempt not only brought down into the flames of hell the cinema which has become a consumer industry with which producers force-feed us but offered us the vision of its future. What is what we see today the trailer? We let our imagination run wild since the trailer films are autonomous works compared to the film which follows them. We have no idea what will happen and what we are watching from the brief and violent current images of Compliance Law, the cinema of which rather makes a hero of the whistleblower⁸On what the cinema does with the whistleblower, with the availability of trailers and extracts from the films, see Frison-Roche, M.-A., introduction of the article The impossible unicity of the legal category of whistleblowers, 2019.  and a character of the narrow and ridiculous importance of the compliance officer⁹Frison-Roche, M.-A., ... (retrouver sur LinkedIn). , does little to help us. But if we force the features of the present lineaments, the alternative of this Law in childhood is therefore that of a nightmare (I) or an idyllic solution for difficulties that will increase (II). Everything will depend on the concept that we will retain of Compliance Law. Because the script is not written, because Compliance Law is a Law with a political dimension, that it is defined by the ambitions that we can claim to have by setting monumental goals that we are going to achieve, a claim that will make it one major branch of the Law of tomorrow, or we can abandon any claim, lower our heads and arms, and reject any claim. It is then that the power of Compliance Law, which will be no less great, will turn against us, human beings, as in a nightmare.  

Like the precedent cycles dedicated to the general topic of Compliance, aiming to build a "Compliance Law" and aiming also to be published in the series Regulation & Compliance, coedited by the Journal of Regulation & Compliance and Dalloz, this cycle continues to deepen a specific aspect of this emerging branch of Law which has been applied before being designed.   The year 2020-2021 will give rise to two full and distinct cycles, the former deepening a key concept of Compliance Law, that are "monumental goals" and the later deepening a phenomenon with multiple roots and consequences: "the juridictionnalization of Compliance".  Compliance Monumental Goals has been proposed in 2016.   These various conferences will take place in different places, according to the role played by the very numerous universities which, this year once again, support the Journal of Regulation & Compliance for the realization of this cycle. This cycle will give rise to two books, one in French: Les Buts Monumentaux de la Compliance, and the other in English : Compliance Monumental Goals.  This cycle of colloquia Compliance Monumental Goals will start in October 2020 and will take place until December 2021.   First colloquium: 17th of May 2021: Public norms and Compliance in time of crisis: monumental goals put to a test, co-organized by the JoRC and the Montpellier University Law School, under the scientific direction of Marie-Anne Frison-Roche, Pascale Idoux and Adrien Tehrani: more information about this manifestation here   Second colloquium : 16th of September 2021, Compliance Monumental Goals: Radioscopy of a Notion, co-organised by the JoRC and Saclay University, under the scientific direction of Christophe André, Marie Malaurie and Benoît Petit  : more information about this manifestation here   Third colloquium: 4th of November 2021: Effectivity of Compliance and international competitiveness, co-organized by the JoRC and the Centre de recherches en Economie et Droit de l'Université Paris II, under the scientific direction of Laurent Benzoni, Bruno Deffains and Marie-Anne Frison-Roche: more information about this manifestation here

Like the precedent cycles dedicated to the general topic of Compliance, aiming to build a "Compliance Law" and aiming also to be published in the series Regulation & Compliance, coedited by the Journal of Regulation & Compliance and Dalloz, this cycle continues to deepen a specific aspect of this emerging branch of Law which has been applied before being designed.   The year 2020-2021 will give rise to two full and distinct cycles, the former deepening a key concept of Compliance Law, that are "monumental goals" and the later deepening a phenomenon with multiple roots and consequences: "the juridictionnalization of Compliance".  The juridictionnalization of Compliance is perhaps as ancient as Compliance mechanisms themselves.   These various conferences will take place in different places, according to the role played by the very numerous universities which, this year once again, support the Journal of Regulation & Compliance for the realization of this cycle. This cycle will give rise to two books, one in French: La Juridictionnalisation de la Compliance, and the other in English : Juridictionnalization of Compliance.  This cycle of colloquia The juridictionnalization of Compliance will start in October 2020 and will take place until December 2021.   Inaugural colloquium:  Compliance juridictionnalization: why? Who? How? Where? and Toward What? , organized by the JoRC under the scientific direction of Marie-Anne Frison-Roche : read more information here   Second Colloquium: 31st of March 2021 :  Arbitration and Compliance, co-organized by the JoRC and Paris II University, under the scientific direction of Marie-Anne Frison-Roche and Jean-Baptiste Racine : read more information here   Third colloquium : 23rd of June 2021 : The firm instituted as Court by Compliance Law, co-organized by the JoRC and the équipe de recherche Louis Josserand of Lyon 3 University, under the scientific direction of Marie-Anne Frison-Roche and Jean-Christophe Roda : read more information here    Fourth colloquium: September 2021 :  Which judges for Compliance? , co-organized by the JoRC and the CR2D of Paris-Dauphine University, under the scientific direction of Marie-Anne Frison-Roche and  Sophie Schiller : read more information here ​ Fifth colloquium: October 2021 :  Compliance Law, crucible between American Procedure Law and Procedure Law, co-organized by the JoRC and the Brussels University, under the scientific direction of Marie-Anne Frison-Roche and Arnaud van Waeyenberge: read more information here   Sixth colloquium:  Proportionnality, Compliance balance, co-organized by the JoRC and IDETCOM of Toulouse University, under the scientific direction of Marie-Anne Frison-Roche and Lucien Rapp: read more information here

Full reference: Salah, M. M., The Legal Framework for New Silk Roads: a Globalized Law at the Service of a Global ambition. When China Discovers the Virtues of Globalization of Law, International Business Law Journal, n°3, 2020, pp. 319-351 This article is available for Sciences Po's students via the Drive in the folder MAFR Regulation et Compliance

Full reference: White Paper on Leveling the Playing Field as Regards Foreign Subsidies adopted by European Commission on 17th of June 2020, 49p. Read the report

Full reference: EBA, Single Rulebook, 12th of June 2020 Read the rulebook

► Full Reference: Conseil national des barreaux (CNB) and Centre de recherche et d'étude des avocats (CREA), Guide. L'avocat français et les enquêtes internes (Guide. The French attorney and the internal investigations), June 2020. - ► read the guide (in French) -

Full reference: Fasterling, B., "Criminal Compliance – Les risques d'un droit pénal du risque", Revue internationale de droit économique, 2016/2 (t.XXX), pp. 217-237 Read the article.

Full reference : Quéméner, M., Dalle, F. and Wierre, Cl., Quels droits face aux innovations numériques ? Législations, jurisprudences et bonnes pratiques du cyberespecac. Défis et protections face aux dérives du numérique, preface by Agathe Lepage, Gualino-Lextenso, 223 pages, 2020.   Read the back cover.   Read the table of contents.   Read the preface.

Full reference: CA Paris, i7, Iliad, 4th of June 2020, n° 19/11454 Read the judgment (in French)

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, pp. 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 - 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" media¹On the more general fact that cinema is undoubtedly the medium which most seriously restores the state of the Law, c. Frison-Roche, M.-A., Au coeur du Droit, du cinéma et de la famille : la vie, 2016., 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"²L'histoire du premier lanceur d'alerte, France Culture, septembre 2019. ? …. 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 2012³European Commission, Guidelines on Whistleblowing, 6 of December 2012, SEC(2012) 679 final, updated on 23 of April 2018. , 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"⁴However, precisely the so common use of plurality ("whistleblowers") raises doubts about the uniqueness of the character. On this question, see. all the first part of the developments of this study, which leads to the conclusion rather than beyond the multitude of particular cases, there are rather two kinds of whistleblowers. V. infra I.. In short, the whistleblower is a star⁵The director of the film La fille de Brest says that she considers the whistleblower at the origin of the case of the Pick as a "movie character".. A sort of historical figure, covered in blows and glory, going from Voltaire to Snowden, both of whom find themselves embodied on the screens⁶Thus, the adventures of Snowden were brought to the screen by Oliver Stone in 2016, Snowden. On the question of knowing whether this film "faithfully reproduces" or not the case, Schetizer, P., Le film Snowden est-il à la hauteur de la réalité?, 2017. This article is favorable to the whistleblower, and to the film which tells us with emotion his case, in particular because (sic), it is easier than to read the Washington Post. …., 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 him⁷Underlined by us.: "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 whistleblowers⁸About this directive, v. the developments infra, 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: "A⁹Underlined by us. 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: "The¹⁰Underlined by us. 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).       

Full reference: Support, A., "La refondation de l'Europe ne pourra se faire sans sortir des traités actuels" ("The refoundation of Europe cannot be done without leaving the current treaties"), column in Le Figaro, 22nd of May 2020 Read Alain Supiot's column (in French)   In this column, Alain Supiot underlines the opportunity offered by the judgment of the Court of Karlsruhe of May 5, 2020 concerning the proportionality of the unconventional monetary measures adopted by the ECB.