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Working papers

Working Paper serving as the basis for a contribution to a collective book dedicated to a Friend

🚧If King Solomon’s probationary strategy hadn’t worked

► Full Reference: M.-A. Frison-Roche, If King Solomon's probationary strategy hadn't worked, Working Paper, October 2025. - 📝 This Working Paper is the basis of the article published in 2026 in the collective book dedicated to Professor Pierre Crocq. - ► Summary of this Working Paper:  As renowned and significant in biblical scholarship as it is in legal culture and imagination, Solomon’s Judgement is a procedural measure, an evidential stratagem (I). But even a King cannot be certain of the success of an investigative measure that his authority allows him to impose; nothing guarantees the success of the evidential stratagem he has devised, that is to say, the discovery of the truth. The investigative measure he devised presupposes a maternal love that leads the woman – who might prefer to continue disputing – to choose instead not to keep the child and to leave him in a state of death, a mere inert prey to the claim of appropriation made by the plaintiff. It is the woman’s virtue that enables the Judge’s wisdom. The evidence stratagem might not have worked (II). This is scarcely considered, as King Solomon is always portrayed as wise and the mother as preferring the child to herself. But if we step outside the Book of Kings, where virtue reigns – that of the mother as well as that of the judge – to confront the passion of the woman who smothered her newborn in the night and now seeks the force of justice to seize the second, one might reflect, whilst wandering through the lobby of a courthouse, that it is all too often the case that adults put themselves before children. What if the second mother had put herself before the child? What would have happened if the judge’s order, already being carried out, had not been halted by the virtue of the defendant? (III). What would the King then have done to exercise his office as Judge justly, since the truth would not have been accessible to him? (IV). If one changes an element of the narrative, because justice is human, because passions drive the parties, because children are often the silent victims on both sides, is justice still possible?   - 🔓read the developments below⤵️ - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law 🌐subscribe to the Video Newsletter MAFR Surplomb / Overhang 🌐subscribe to the Newsletter MaFR Droit & Art
Marie-Anne Frison-Roche au General Counsel Forum Europe (ECLA), Madrid, 15 septembre 2025

Conferences

opening speech

🎥Compliance Law and Systemic Litigation, in 🧮General Counsel Forum Europe 2025

► Full Reference: M.-A. Frison-Roche, "Compliance Law and Systemic Litigation", 15 September 2025, Madrid. - This speech is the opening speech of the event. 🧮 See the general program of the event - 📅See the slides (not used), basis for this speechs - ► Summary of the conference: This  manifestation, made fo many interventions, is about the role and the evolution of the in-house lawyers in the Europe on the move. I opened the event by focusing on the importance of the Compliance which drives the companies now, in the future and for the future. It is quite difficile because currently Compliance Law is quite misunderstund by almost every. Therefore the first part of my intervention has been the explanation of what is the very new branch of Law, built of political Monumental Goals (Compliance Law is not just the obligation to be conform with, just to obey), the specificity of European Compliance Monumental Goals (not only the sustainability of systems, but also the concern for present and future human beins implied in them).  This systemic new branch of Law, humanist branch of Law in Europe put the Judge at its center. Par translation, this is creating a new sort of Litigation : the Compliance Systemic Litigation. Its object is the future (as Compliance Law itselft). Contrary to the "conformity", which might be left to algorithms, Compliance Law, inseparable to Systemic Litigation, are giving new role for Judges, for external lawyers and for internal lawyers. - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law 🌐subscribe to the Video Newsletter MAFR Surplomb 🌐subscribe to the Newsletter MaFR Droit & Art

Articles in a legal collective publication

article in a collective book

📝Compliance, in 🕴️J.-Fr. Kerléo & 🕴️E. Lemaire (dir.), 📗Dictionnaire de l’éthique publique

► Full Reference:: M.-A. Frison-Roche, "Compliance", in J.-Fr. Kerléo & E. Lemaire (dir.), Dictionnaire de l'éthique publique, LexisNexis, 2025, pp.  - 📗 read the general presentation of the Dictionary. - 📝read the article (in French). - ► English Summary of the article defining what is Compliance: The article explains Compliance in 7 points. Firstly, it states that Compliance oscillates between a weak and a strong definition. It can be defined weakly as the demonstration of obedience to all applicable regulations, or it can be defined strongly as active participation in the achievement of 'monumental' ambitions for the future of the social group. Positive legal rules and case law are increasingly revealing the relevance of the strong definition, with the weak definition referring only to conformity to the Law. Secondly, this understanding of the new branch of Law known as Compliance Law will enable us to master the regulations specifically relating to compliance (RGPD, French laws such as Sapin 2 Act and Vigilance Act, AML/FT, European AI Act, etc.), which are both more specific and more restrictive than the general obligation to comply with the applicable legal rules. Thirdly, everyone can see the move from "extraterritoriality" to another thing which is the indifference to territoryd: Compliance is the right instrument for the digital space and for chains of activities. Fourthly, this is due to the very nature of Compliance, which consists in internalising in companies in a position to be active the “Monumental Negative Goal” of preventing the collapse of systems (energy, climate, digital, banking, financial, algorithmic, etc.). Fifthly, this internalisation is carried out by States and public authorities in entities in a position to act, i.e. in concrete terms in companies in a position to be active to reach the “Monumental Goals” by contributing to the improvement of systems so that these systems benefit in the present and the future the people who are de jure and de facto involved in them. Sixthly, these goals become positive when it comes to educating people about probity and effective equality between human beings, notably through training policies. In this respect, Vigilance is the “cutting edge” of Compliance. Seventhly, an “ex ante responsibility” of Crucial Operators subject to Compliance is emerging, and is articulated by Systemic Litigation which aims to balance and maintain systems, carried by States and these crucial companies. - 📝read the preentation of the other article written by Marie-Anne Frison-Roche for this Dictionary: "Régulation" - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law 🌐subscribe to the Video Newsletter MAFR Surplomb 🌐subscribe to the Newsletter MaFR Droit & Art

Articles in a legal collective publication

📝Compliance, in 🕴️J.-Fr. Kerléo et 🕴️E. Lemaire (dir.), 📗Dictionnaire de l’éthique publique

► Full Reference: M.-A. Frison-Roche, "Régulation" (Regulatory Law), in J.-Fr. Kerléo et E. Lemaire (dir.), Dictionnaire de l'éthique publique, LexisNexis, 2025, pp.  - 📗read the general presentation of the Dictionary. - 📝read the article  (in French) - ► English Summary of this article defining Regulation: To define Regulation (Regulatory Law), the article begins with its origins, which were a source of misunderstanding, since the term Regulation might refer to simple regulations, thus masking the real branch of Law which is the Law of Regulation. But this confusion with simple and formal regulations has diminished Regulatory Law its importance, its novelty and its originality, and, by placing it within Public Law, equated Regulation on the one hand with the transition from public monopolies to a competitive organisation, and on the other hand privileged the legal study of what fell within the remit of the Administrative Courts, i.e. telecommunications, transport and energy, leaving out the Regulatory Law of banking and financial sector . As a result, the unity and strength of Regulatory Law is still difficult to perceive and manage today, while its relationship with competition and Europe remains difficult. Regulatory Law is all the more difficult to define because it is still common to oppose, as was the case in the 1980s, "Economic Regulatory Law", which would aim to set economic efficiency objectives within the State, and "Public Liberties Regulatory Law", which would be alternatives to each other, preventing the audiovisual, media and digital sectors in particular from being legally perceived as an industry. We are still paying for this initial conception. All the more so since Regulatory Law is the second pillar on which Europe is built, along with Competition, with which it is linked. It can be identified by the existence of a regulated 'sector', most often through the establishment of a regulatory authority, generally in the form of an Independent Administrative Body. But it is defined by the prevalence of the technical and political goals pursued, which are not spontaneously achieved and which aim to favour the human beings involved in economic organisations. While the function of Competition Authorities is to maintain the dynamism of competitive markets and to punish behaviour that hinders them without creating that dynamism, Regulatory Law, through its own rules, principles, institutions, procedures and decisions, will create non-spontaneous équilibra and maintain them over time.  To do this, it will inject non-spontaneous procedures, such as transparency, or generate obligations and powers because these are necessary for this balance to be achieved. This can take the form of exclusive rights, which can go as far as the creation of monopolies, particularly on transport infrastructures, or the form of pricing and tarification, which can go as far as free access. Access rights are essential, whether technical or political (access to networks, access to healthcare). The political dimension of Regulatory Law is very much in evidence, as Europe is developing its own form of Regulation compared with the USA or China, demonstrating the link between Regulation and Sovereignty, the criterion? of the technical sector becoming less significant. This is illustrated by the clash over algorithmic systems (AI).  In this way, regulation is not a technical reaction to a "market failure", but the manifestation of a zone's political power both internally and externally. The DSA (2022) is an example of this, imposing this same logic extraterritoriality in the digital space through the Digital Services Act (DSA) adopted in 2022. - 📝read the presentation of the other article written by Marie-Anne Frison-Roche for this Dictionary: "Compliance" - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law 🌐subscribe to the Video Newsletter MAFR Surplomb 🌐subscribe to the Newsletter MaFR Droit & Art
Couverture de R. Cabrillac, Introduction générale au droit, 17e éd., Lefebvre-Dalloz, 2026

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🏗️ direction of the collection: 📚Cours Dalloz – Série Droit privé

📚Publication of : 🕴️Rémy CABRILLAC, 📕Introduction générale au droit (General Introduction to Law), 17th ed.

► Full Reference : R. Cabrillac, Introduction générale au droit (General Introduction to Law), 1st ed. 1995 – 17th ed., 2026, Lefebvre-Dalloz, “Cours Dalloz-Série Droit privé” Series, 275 p. - ► General presentation of the book (written in French) : Law is reputed to be complex, even off-putting. To overcome this impression, which does not reflect its true nature, this resolutely pedagogical book is aimed at students coming into contact with the subject for the first time. It first describes the foundations of law, its origins and its classifications, and then sets out the sources of law, evidence and legal proceedings. ► Structure of the Course : The foundations of contemporary law The sources of law The proof of rights The civil courts The conduct of a trial The enforcement of rights through litigation It is supplemented by knowledge tests and comprehension tests. - 📕See the entire collection in which the book is published.

Articles in The Journal of Regulation & Compliance « JoRC »

📝Tensions et contradictions entre les instruments relatifs à la vigilance raisonnable des entreprises. D’un processus de vigilance à la consécration d’un standard de responsabilité, in 🕴️M.-A. Frison-Roche (dir.), 📕L’obligation de Compliance

► Full reference: L. Dubin, “Tensions et contradictions entre les instruments relatifs à la vigilance raisonnable des entreprises. D’un processus de vigilance à la consécration d’un standard de responsabilité” (Tensions and contradictions between the instruments relating to the reasonable due diligence of companies. From a due diligence process to the recognition of a standard of liability), in M.-A. Frison-Roche (ed.), L’Obligation de Compliance, Journal of Regulation & Compliance (JoRC) and Dalloz, “Régulations & Compliance” series, 2025, pp. 617-634. - 📕read a general presentation of the book, L’Obligation de Compliance, in which this article is published - ► Summary of the article (by the Journal of Regulation & Compliance – JoRC): The author focuses on the notion of “due diligence of multinational enterprises” as it emerges from texts of Public International Law, namely the UN and OECD Guiding Principles. She considers that one must start from this notion of “due diligence”, which imposes a conduct not only on States but also on companies that “take responsibility upon themselves”, a movement expressed through a “reasonable vigilance so as not to harm others”. There is therefore a standard of conduct, the one that forbids harming others, since there is a duty to take care of others, which “reveals itself” in concreto in the various legal orders. The author holds that it is the role of civil liability (and therefore of the judges) to carry out this revelation by attaching secondary obligations to it. For the author, by this measure “compliance” is only a doxa that increases the domination of companies, and one should rather adopt the aforementioned perspective of Public International Law, which must be taken up directly by domestic laws, the European directive and the new case law developed by judges. The author is all the more hostile to Compliance and to its link with Vigilance in that it allows exemptions from a liability that should on the contrary be increased, since liability must be articulated with the accountability of the moral duty (duty of care) incumbent on multinational enterprises. - 🦉This article is available in full text to those enrolled in Professor Marie-Anne Frison-Roche’s courses -

Articles in The Journal of Regulation & Compliance « JoRC »

contribution à un ouvrage juridique collectif

📝La considération par l’arbitrage de l’obligation de Compliance pour une place d’arbitrage durable (“Arbitration consideration of Compliance Obligation for a sustainable Arbitration Place”), in 🕴️M.-A. Frison-Roche (dir.), 📕L’Obligation de Complianc

► Full Reference: M.-A. Frison-Roche, "La considération par l'arbitrage de l'obligation de Compliance pour une place d'arbitrage durable" (Arbitration consideration of Compliance Obligation for a sustainable Arbitration Place), in M.-A. Frison-Roche (ed.), L'Obligation de Compliance, Journal of Regulation & Compliance (JoRC) and Dalloz, coll. "Régulations & Compliance", 2025, pp. 451-470. - 📝read the article (in French) - 🚧read the bilingual Working Paper on the basis this contribution has been built, with  more developments, technical references and hyperlinks.  - 📕read a general presentation of the book, L'Obligation de Compliance, in which this article is published  - ► English summary of this contribution : The first part of this study assesses the evolving relationship between Arbitration Law and Compliance Law, which depends on the very definition of the Compliance Obligation (I). Indeed, these relations have been negative for as long as Compliance has been seen solely in terms of "conformity", i.e. obeying the rules or being punished. These relationships are undergoing a metamorphosis, because the Compliance Obligation refers to a positive and dynamic definition, anchored in the Monumental Goals that companies anchor in the contracts that structure their value chains. Based on this development, the second part of the study aims to establish the techniques of Arbitration and the office of the arbitrator to increase the systemic efficiency of the Compliance Obligation, thereby strengthening the attractiveness of the Place (II). First and foremost, it is a question of culture: the culture of Compliance must permeate the world of Arbitration, and vice versa. To achieve this, it is advisable to take advantage of the fact that in Compliance Law the distinction between Public and Private Law is less significant, while the concern for the long term of contractually forged structural relationships is essential. To encourage such a movement to deploy the Compliance Obligation, promoting the strengthening of a Sustainable Arbitration Place (III), the first tool is the contract. Since contracts structure value chains and enable companies to fulfill their legal Compliance Obligation but also to add their own will to it, stipulations or offers relating to Arbitration should be included in them. In addition, the adoption of non-binding texts can set out a guiding principle to ensure that concern for the Monumental Goals is appropriate in order the Compliance Obligation to be taken into account by Arbitrators. - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law 🌐subscribe to the Video Newsletter MAFR Surplomb

Working papers

Working Paper, basis for an article (in French)

🚧Compliance Law and Systemic Litigation

► Full Reference: M.-A. Frison-Roche, Compliance Law and Systemic Litigation, Working Paper, August 2025. - 📝 This bilingual Working Paper is the basis of the article published in French "Droit de la compliance et contentieux systémique" - ► Summary of this Working Paper: Legal systems have changed, and Compliance Law, in its uniqueness, reflects this change and plays a powerful role in it. New sets of compliance rules, particularly at European Union level, covering data protection (GDPR), anti-money laundering (AMLA), climate balance protection (CS3D) and banking and financial system sustainability (Banking Union), have been developed and imposed on large companies, which must implement them: alerts, mapping, assessment, sanctions, etc. These new regulatory frameworks only make sense in relation to their ‘Monumental Goals’: to detect systemic risks ex ante and prevent crises so that the systems in question do not collapse, but ‘last’. All the legal instruments in the corpus are normatively rooted in these monumental goals, which are the core that unifies Compliance Law (I). The judge is the guardian of this new and highly ambitious regulatory framework, which relies on the practical ability of companies to implement it (II). Courts ensure that the legal technical provisions are applied in a teleological manner in each of these compliance blocks and that the regulations support each other, because all compliance regulations serve the same systemic goal: to ensure that the systems (banking, financial, climate, digital, energy, etc.) do not collapse, but sustains, and that present and future human beings are not crushed by them, but rather benefit from them. This unity is still little perceived because so meticulous regulations pulverise this profound unity of Compliance Law into a myriad of changing provisions. Entrusting the ‘regulatory mass’ to algorithms increases this fragmentation, making the whole even more incomprehensible and therefore impossible to handle. On the contrary, recognising the judge's place, i.e. at the centre, makes it possible to master this new branch of law. But the judge's sole function is not to restore clarity to a body of law covered by the dust of its own technicality. There is a transfer to Litigation of the systemic object of Compliance Law. Indeed, the litigation that emerges from the new Compliance Law is itself fundamentally new, by transitivity. Indeed, the purpose of Compliance Law is to make systems sustainable (or resilient, or robust, depending on the terminology used). This results in litigation that is itself ‘Systemic Litigation’ (III), most often brought by an organisation against a systemic operator. The place and role of each party are transformed (IV). - 🔓read the developments below⤵️ - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law 🌐subscribe to the Video Newsletter MAFR Surplomb 🌐subscribe to the Newsletter MaFR Droit & Art

Working papers

Working Paper serving as the basis for an article concluding a book

🚧Taking into account the legal landscape in Africa to fulfil the Vigilance Obligation

► Full reference : M.-A. Frison-Roche, Taking African legal geography into account to achieve an efficient vigilance system, working paper, August 2025/February 2026 - 🎤This working paper follows on from the closing address at the symposium Devoir de vigilance, quelles perspectives africaines ? Regards croisés en droit international, droit comparé et droit OHADA (Vigilance Duty: what are the prospects in Africa? Perspectives from international law, comparative law and OHADA Law, organised by the Faculty of Law of Bordeaux, through its Institut de Recherches en Droit des Affaires et du Patrimoine – IRDAP (Institute for Research in Business and Property Law), held on 15 November 2024.  - 📝This working paper forms the basis of the article "Considérer la géographie juridique africaine pour y réussir l'obligation de vigilance", which concludes the volume edited by Eustache da Allada in 2026 by Éditions Lefebvre-Dalloz, in the “Thèmes & Commentaires” collection,📗Devoir de vigilance, quelles perspectives africaines ? Regards croisés en droit international, droit comparé et droit OHADA (Vigilance Duty: what are the African perspectives? Comparative perspectives in international law, comparative law and OHADA Law). To this end, following an initial draft in August 2025, it was revised a second time to better incorporate the written contributions that make up the book, since the article on which it is based sets out a personal approach drawing on external research whilst also needing to synthesise these contributions. - ► Summary of the working paper :  The French “Vigilance” Act of 2017 incorporated the technical provisions and the spirit of the “Sapin 2” Act of 2016. They share a common goal. They have been and remain a common source of controversy and passion. At their heart lies the establishment of a “compliance obligation”, for which vigilance techniques form the “edge ” in serving a grand ambition: to protect systems from risks, both now and in the future, in order to protect the people involved in them. The passion that continues to surround the Vigilance Act, which gave rise to the European CS3D , is misguided, because the law and passion are never allies. Some would passionately want to see vigilance triumph by condemning companies to perform miracles; others would passionately want to see the destruction of all the texts that established the very concept of this Compliance Law, built upon these Humanist Monumental Goals. But let us acknowledge that in these debates on the Vigilance Obligation, which is being legally implemented across value chains, Africa is often cited as an example in a general discussion. It is not often considered as a distinct case with its own legal landscape. No reliance is placed on its strengths or on its own legal mechanisms, even though value chains – particularly industrial ones – so often lead to it, both now and in the future. Through analyses of the Vigilance Obligation, Africa is perceived as a place of retribution or of a new form of paternalism, and when its future is envisaged, prospects seem to be lacking, even though the very essence of compliance—and therefore of Vigilance—is the future.  If we take a less confrontational view and focus instead on the ‘legal geography’ of African countries and their social and inter-state structures, we see that the concern for others, both present and future – which ultimately constitutes the Monumental Goal of Compliance Law and thus of the Vigilance Obligation – is more prevalent in Africa than it is in Europe, which is now built upon legal individualism. This concern for others is reflected in legal mechanisms akin to mediation and various legal structures that our own institutions would do well to heed: our legislators before adopting bills, and our judges who might listen to them as amici curiae before reaching a decision. If we turn our attention to the African continent, which is exploited by certain segments of value chains, and to labour organisations, it becomes clear that here too, legislation and sanctions are not the whole story. Compliance techniques that make use of soft law and the contractual frameworks underpinning the chains themselves can remove the element of abstraction that is, by nature, inherent in general legislation. Moving forward through contracts under the supervision and with the support of the courts is an approach that could prove more fruitful than well-intentioned legislation, which has served as a catalyst, in line with the privileged position of contract law within OHADA. This serves to enhance the judge’s authority. The Compliance Judicialisation is also linked to the growing connection between Compliance and Contracts. However, it appears that not only can European judges specialising in Compliance Law and Vigilance Obligation thus rule on matters concerning Africa, which they can only know from a distance – though it is the lot of every judge to be an outsider – but African and inter-state Courts, notably through OHADA, can address the Vigilance Obligation because value chains are constituted by contracts. By developing it not as a foreign concept to be assimilated, but as that which expresses the very heart of the Law in Africa: concern for others, solidarity, the search for compromises and solutions so that the social and environmental system – that is to say, the human system – may endure into the Future. - 🔓Read the developments below⤵️ - 🌐Follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐Subscribe to the newsletter MAFR Regulation, Compliance, Law 🌐Subscribe to the video newsletter MAFR Surplomb 🌐Subscribe to the newsletter MaFR Law & Art

Publication director

🏗️ direction of the collection: 📚Cours Dalloz – Série Droit privé

📚Publication of : 🕴️Astrid MARAIS, 📕Droit des personnes (Law of Persons), 5th ed.

► Full Reference : A. Marais, Droit des personnes (Law of Persons), 5th ed., 2021, Dalloz, “Cours Dalloz-Série Droit privé” Series, 349 p. - ► General presentation of this Course (written in French) : Since the first edition of her book, Professor Astrid Marais has opened it with these words: « Everything is either a thing or a person ». Starting from this essential principle, the textbook describes how the law determines the two categories of persons, natural persons and legal persons, how it individualises them and how it protects them. The concern for natural persons is all the greater today as the law takes into account the bodies of human beings. This is notably why the book sets out the « Law of Persons » through the various branches of Law, all of which are now concerned by it. - 📚See the entire collection in which the book is published. - 📚See the presentation of the Courses related to this one : 🕴️D. Fenouillet, 📕Droit de la famille (Family Law) 🕴️Ch. André, 📕Droit pénal spécial (Special Criminal Law) 🕴️A.-M. Leroyer, 📕Droit des successions (Law of Succession) -

Publication director

🏗️ direction of the collection: 📚Cours Dalloz – Série Droit privé

📚Publication of : 🕴️Maylis DOUENCE and 🕴️Marc AZAVANT, 📕Institutions juridictionnelles (Jurisdictional Institutions), 6th ed.

► Full Reference : M. Douence and M. Azavant, Institutions juridictionnelles (Jurisdictional Institutions), 1st ed. 2010 – 6th ed., 2025, Dalloz, “Cours Dalloz-Série Droit privé” Series, 425 p. - ► General presentation of the book (written in French) : The new edition of this book sets out the « Institutions juridictionnelles » (Jurisdictional Institutions), an expression which has happily replaced that of « Institutions judiciaires » (Judicial Institutions), that is to say the principles, structures and persons that make it possible to fulfil the mission of settling disputes and stating the law. The book thus analyses administrative and judicial justice, the courts and the actors that are judges and officers of the court, in particular lawyers. The book is intended for students and for those preparing for civil service competitive examinations or, for example, the entrance examination to the Bar schools. - 📚In the same collection, it is linked with the books : 📕Procédure civile (Civil Procedure) 📕Procédure pénale (Criminal Procedure) - 📕Read the table of contents (in French) - 📚See the entire collection in which the book is published.

Publication director

🏗️ direction of the collection: 📚Cours Dalloz – Série Droit privé

📚Publication of : 🕴️Nicolas CAYROL, 📕Procédure civile (Civil Procedure), 5th ed.

► Full Reference : N. Cayrol, Procédure civile (Civil Procedure), 5th ed., 2025, Dalloz, “Cours Dalloz-Série Droit privé” Series, 569 p. - ► General presentation of the book (written in French) : The study of civil procedure is essential for all students wishing to embark on a « judicial career »: judge, lawyer, bailiff, etc. In many respects, civil procedure is indeed a professional law, a law for the use of litigation professionals. The subject is moreover part of the competitive examinations and entrance examinations for these professions. But civil procedure is not only a professional law: it deals with problems that concern all lawyers, whoever they are, whether or not they practise procedure. Knowledge of the basic procedural notions is necessary for a proper understanding of many legal questions. - 📚See all the books of the same collection “Cours Dalloz – Série Droit privé“, created and directed by Marie-Anne Frison-Roche, and in particular those dealing with the branches of Law interacting with Civil Procedure : 📕Procédure pénale (Criminal Procedure) 📕Procédures civiles d’exécution (Civil Enforcement Procedures) 📕Institutions juridictionnelles (Jurisdictional Institutions) -

Working papers

🚧The part of Non-contentious in the judicial treatment of Compliance cases

► Full reference : M.-A. Frison-Roche, The role of Discretionary Jurisdictio in the judicial treatment of Compliance cases, working paper, August 2025.   - 📗This working document was prepared as a contribution to the collective book offered to Professor Dominique d'Ambra, published  in June 2026. - ► Summary of the working document  : Based on the definition of Judicial Office, the procedural principles that derive from it and the consequent powers that judges exercise, the objet of this study is to measure the degree of discretion that exists in the judicial treatment of compliance, without direct consideration for the dispute between litigants. This part is very ignored, when it should be given top priority. Indeed, because Systems are involved in compliance cases brought before civil or commercial judges, we are seeing a development of this discretionary element in judicial fonction. Discretionary matters differ from unilateral discretionary procedures, and this discretionary element relates to what the judge examines, possibly in the context of a dispute. The first part of this contribution therefore aims to describe the natural development of the discretionary power of the judge to deal with compliance cases brought before them. This role stems from the fact that, even when triggered by a dispute, what is submitted to the judge is a situation composed of a system, which cannot defend its interests before the civil or commercial judge in this Systemic Litigation arising from the very nature of Compliance Law and the Compliance Obligations it engenders on systemic entites. Moreover, it is the Future whose interests must be considered and protected, which the judge must do directly. This leads to the second part of the contribution, calling for a rethinking of the procedure and the role of the Compliance Judge, so that ex gratia matters can be dealt with. The judge must therefore verify that there are no conflicts of interest between the litigants, including hidden ones, and must learn about the systems involved. The inquisitorial principle must therefore be strengthened. But at the same time, since the primary aim is not to settle a dispute but to resolve a systemic problematic situation, the judge must facilitate the movements of the parties, and the adversarial principle must also be strengthened. Must be encouraged this activation of a powerful and discretionary approach, not as an exception but as a principle fully articulated with a contentious principle, with the dispute being only a means used by the necessary parties to enable systemic compliance situations to be resolved. - 🌐Follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐Subscribe to the Newsletter MAFR Regulation, Compliance, Law  🌐Subscribe to the video newsletter MAFR Overhang