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Conferences

THE TOOLS OF COMPLIANCE AND THE THEORY OF CLIMATES, IN “GEOGRAPHICAL PREGNANCE IN COMPLIANCE TOOLS “

Complete reference : Frison-Roche, M.-A., The tools of Compliance and the Theorie of Climates, in "Geographical pregance in Compliance Tools" (Les outils de la Compliance et la Théorie des climats, in La prégnance géographique dans les outils de la Compliance), February 4, 2020, Nice.    Conference Summary: Starting from Montesquieu's "climate theory", affirming that human beings would be of a different nature in different places of the world, which therefore requires different rules of government according to these places, a theory which echoes the geographical confinement that Pascal operated on the Laws, we can think that, as with any rule, Compliance legal rules, which ensure compliance of the behavior of human beings to the rules, this will vary depending on whether we are below or beyond the Pyrenees. But on this geographical dimension so natural one can on the contrary and at first doubt. Indeed, by presenting it as a simple process, which artificial intelligence based on algorithms could fully take care of, by its absence of substance this dimension loses all relevance. Except falling into the other excess consisting in posing that everything is only a question of "pure compliance culture" or that this is only the dressing of a pure balance of power, between geographical areas, for example the United States and Europe, and in this Law of palisade geo-politics is to such an extent that it would have devoured Law. It is necessary to keep the measure of things and on the contrary organize in a second time a kind of triptych and firstly find what comes from the accumulation of technical and immutable information, secondly what comes from local phenomena but requieres global standards of compliance which can be technically attached because of their "crucial nature" and thirdly also assume "political pretensions of monumental goals" which contest the borders and the branches of the Law which guard these.  If we manage to do this, then Compliance Law not only manages to get rid of what undermines it, that is, its mechanical temptation offered by technology and its disappearance by political power, keeping substance without being violent. . Indeed by respecting geography the West does not have to dictate "its" law. On the contrary, it must take concrete lying to the Kanak Law, which does not define the Law as what is stated and applied, but as a 'path'. Thus in the technique of responsible investments, because the Law of Compliance is teleological, the Subject of law, that is to say the company (which is in position, for example that invests) does not prohibit but organizes the transition so that the beneficiary of the device is not himself sanctioned, for example abandoned to corruption, but accompanied towards the exit of the system. The integration of time and the concept of 'duration', common to compliance law and regulation law (the Law of Compliance being the internalisation of Regulations in entities capable of implementing them) involving the articulation between the territory and duration (which is not permitted by Competition Law).     Read the presentation of this conference on the Geographical pregnance in Compliance Tools  See the other conferences of the complete cycle on Compliance Tools. Read the general presentation of the conferences cycle.   Read the working paper which is the basis of this conference.    Consult the slides on which the conference is based (in French).   Summary : Starting from Pascal's "climate theory", one might think, as with any rule, Compliance, which ensures that human behaviour conforms to the rules, it varies, depending on whether one is "below or beyond the Pyrenees". . But of this geographical dimension so natural, on the contrary and at first one can doubt. Indeed by presenting Compliance as a simple process, which artificial intelligence based on algorithms could fully support, by its absence of substance this geographical dimension loses all relevance. Except to fall into the other excess of asking that everything is only a matter of 'compliance culture' or that it is the dressing of a pure balance of power, between geographical political areas, for example the United States and Europe, and in this Law of façade the geo-politics is at this point all that it would have devoured Law. We need to keep Reason, instead organizing a kind of tryptic and find what is the accumulation of technical and immutable information, which is local phenomena but to which standards of global Compliance can be technically attached because of their "crucial nature" and also assume "political pretensions of monumental goals" that challenge the borders and branches of Law that guard them. If we manage to do this, then not only  Compliance Law manages to get rid of what undermines it, that is its mechanical temptation offered by technology and its disappearance by political power, keeping substance without being violent. . Indeed by respecting geography the West does not have to dictate "its" Law. On the contrary, it must take concrete conception, borrowing to Kanak Law, which does not define Law as what is stated and applied, but as a 'path'. Thus in the technique of responsible investments, because Compliance Law is teleological, the subject of law, that is to say the company (which is in position, for example to invests) does not prohibit but organizes the transition so that the beneficiary of the device is not himself sanctioned, for example abandoned to corruption, but accompanied towards the exit of the system of corruption. The integration of time and the concept of 'duration', common to Compliance Law and Regulation Law (the Law of Compliance being the internalisation of Regulations in entities capable of implementing them) involving the articulation between the territory and duration (which is not the rule of Competition Law). 

Organisation of events

Co-organization of the conference “Geographic significance in the choice and use of Compliance tools”

The cycle of conferences Les outils de la Compliance (The Compliance tools) began in November 2019 and runs until June 2020. It is organized by The Journal of Regulation & Compliance and all of its partner universities. It includes a conference more particularly devoted to the theme of "La prégnance géographique dans le choix et l'usage des outils de la Compliance" ("Geographic significance in the choice and use of Compliance tools"). See the other thematics, others dates and other particular manifestations,  builting the complete cycle   Conference and Debate  (in French)  Thuesday, February 4, 2020, 16h30– 19h30  Law & Political Sciences School Doyen Louis Trotabas Avenue, 06050 Nice Cedex. Amphithéâtre Bonnecarrère, Villa Passiflore,   General Presentation:  Compliance is a global phenomenon. In this, it illustrates the problematic of a Global Law. However, it should not be inferred that Compliance is applied in the same way everywhere in the world. Like any legal institution, it is integrated into a preexisting legal framework, shaped by culture and history. The aim of the conference is to explore geographic significance in Compliance Tools, that is to say the potentially different way in which these tools are chosen and used depending on the geographic area concerned. The three geographic areas studied will mainly be Europe, the United States and Africa. Opportunity will thus be given to highlight the convergences and divergences in the implementation of Compliance Tools in a geographic vision of the institution.   Under the scientific direction of Jean-Baptiste Racine, professor at the University Côté d'Azur (Law & Political Sciences School of Nice), GREDEG-CREDECO, CNRS UMR 7321 With the interventions of: – Jean-Baptiste Racine, professor at the University Côté d'Azur , Nice – Mahmoud Mohammed Salah, Law professor at the University of Nouakchott, Mauritany – Karen Coppens, Dechert LLP – Mads Andenas, Law professor at the University of Oslo, Norway – Marie-Anne Frison-Roche, Law professor at Sciences Po, Paris   -   -   Read the registration procedure  for this conference. Consult the gele calendar of upcoming events. Consult the presentation of the book to be published "Compliance Tools".   Go back to general presentation of the Conferences' cycle "Compliance Tools".   Inscription : anouk.leguillou@mafr.fr -      

Conferences

February 4, 2020. Conference “Geographic significance in the choice and use of Compliance tools”, in “Compliance tools”

The cycle of conferences Les outils de la Compliance (The Compliance tools) began in November 2019 and runs until June 2020. It is organized by The Journal of Regulation & Compliance and all of its partner universities. It includes a conference more particularly devoted to the theme of "La prégnance géographique dans le choix et l'usage des outils de la Compliance" ("Geographic significance in the choice and use of Compliance tools"). See the other thematics, others dates and other particular manifestations,  builting the complete cycle   Conference and Debate  (in French)  Thuesday, February 4, 2020, 16h30– 19h30  Law & Political Sciences School Doyen Louis Trotabas Avenue, 06050 Nice Cedex. Amphithéâtre Bonnecarrère, Villa Passiflore,   General Presentation:  Compliance is a global phenomenon. In this, it illustrates the problematic of a Global Law. However, it should not be inferred that Compliance is applied in the same way everywhere in the world. Like any legal institution, it is integrated into a preexisting legal framework, shaped by culture and history. The aim of the conference is to explore geographic significance in Compliance Tools, that is to say the potentially different way in which these tools are chosen and used depending on the geographic area concerned. The three geographic areas studied will mainly be Europe, the United States and Africa. Opportunity will thus be given to highlight the convergences and divergences in the implementation of Compliance Tools in a geographic vision of the institution.   Under the scientific direction of Jean-Baptiste Racine, professor at the University Côté d'Azur (Law & Political Sciences School of Nice), GREDEG-CREDECO, CNRS UMR 7321 With the interventions of: – Jean-Baptiste Racine, professor at the University Côté d'Azur , Nice – Mahmoud Mohammed Salah, Law professor at the University of Nouakchott, Mauritany – Karen Coppens, Dechert LLP – Mads Andenas, Law professor at the University of Oslo, Norway – Marie-Anne Frison-Roche, Law professor at Sciences Po, Paris   -   -   Read the registration procedure  for this conference. Consult the gele calendar of upcoming events. Consult the presentation of the book to be published "Compliance Tools".   Go back to general presentation of the Conferences' cycle "Compliance Tools".   Inscription : anouk.leguillou@mafr.fr -      

Organisation of events

Co-organization of the conference “The expertises required in the Ex Ante of Compliance”

The cycle of conferences Les outils de la Compliance (The Compliance tools) began in November 2019 and runs until June 2020. It is organized by The Journal of Regulation & Compliance (JoRC) and all of its partner universities. It includes a conference more particularly devoted to the theme of "Les expertises requises dans l'Ex Ante de la Compliance" ("The expertises required in the Ex Ante of Compliance"). See the other thematics, other dates and other particular manifestations,  building the complete cycle   Conference – Debate  Wednesday, January 29, 2020, 18h30-20h  in the amphitheater of the Paris Chamber of Commerce and Industry  Friedland Avenue, 27, 75008 Paris   General Presentation After examining various specific tools, such as Risk mapping or Incentives, these showing that the tools only have their efficiency through their use designed and carried out by human beings, endowed themselves with the required expertise. But it is often because it is very difficult to identify and define these "skills" that operators subject to the Ex Ante Compliance obligations end up entrusting this observance to machines, via Compliance by Design … The mass of what should actually be observed leads to favoring massification expertise, as the "Regtech" handle it. But the rules being a living thing, Company Law adjoins Governance and one must know both. In the same way as the mastery of Ex Ante supposes that one always thinks of Ex Post (sanction for failure in the Ex Ante), so that this Ex Post does not appear, under its unwelcome face of Repressive Law which therefore must be anticipated and therefore present in Ex Ante. In the same way, Tax Compliance presupposes that the State must be present in the good technical conception of Compliance. Compliance being the means by which States internalize their "monumental goals", or even confront each other under the mask of companies, it is then international policies in question, and this political expertise is required in Ex Ante. -   under the scientific direction of Marie-Anne Frison-Roche, professor fo Regulatory Law Compliance Law at Sciences Po.   with  : –  –  Antoinette Gutierrez-Crespin, partner, department  Forensic & Integrity Services EY France. – François Barrière and Sidne Koenigsberg, Skadden – Pierre Vimont, Senior Fellow, Carnegie Europe –  Benjamin Jean, president of Open Law –  Thomas Amico, Linklaters     - Read the registration procedure  for this conference. Consult the general calendar of upcoming events. Consult the presentation of the book to be published "Compliance Tools".   Go back to general presentation of the Conferences' cycle "Compliance Tools".   Inscription : anouk.leguillou@mafr.fr        

Conferences

January 29, 2020. Conference “The expertises required in the Ex Ante of Compliance”, in “Compliance tools”

The cycle of conferences Les outils de la Compliance (The Compliance tools) began in November 2019 and runs until June 2020. It is organized by The Journal of Regulation & Compliance (JoRC) and all of its partner universities. It includes a conference more particularly devoted to the theme of "Les expertises requises dans l'Ex Ante de la Compliance" ("The expertises required in the Ex Ante of Compliance"). See the other thematics, other dates and other particular manifestations,  building the complete cycle   Conference – Debate  Wednesday, January 29, 2020, 18h30-20h  in the amphitheater of the Paris Chamber of Commerce and Industry  Friedland Avenue, 27, 75008 Paris   General Presentation After examining various specific tools, such as Risk mapping or Incentives, these showing that the tools only have their efficiency through their use designed and carried out by human beings, endowed themselves with the required expertise. But it is often because it is very difficult to identify and define these "skills" that operators subject to the Ex Ante Compliance obligations end up entrusting this observance to machines, via Compliance by Design … The mass of what should actually be observed leads to favoring massification expertise, as the "Regtech" handle it. But the rules being a living thing, Company Law adjoins Governance and one must know both. In the same way as the mastery of Ex Ante supposes that one always thinks of Ex Post (sanction for failure in the Ex Ante), so that this Ex Post does not appear, under its unwelcome face of Repressive Law which therefore must be anticipated and therefore present in Ex Ante. In the same way, Tax Compliance presupposes that the State must be present in the good technical conception of Compliance. Compliance being the means by which States internalize their "monumental goals", or even confront each other under the mask of companies, it is then international policies in question, and this political expertise is required in Ex Ante. -   under the scientific direction of Marie-Anne Frison-Roche, professor fo Regulatory Law Compliance Law at Sciences Po.   with  : –  –  Antoinette Gutierrez-Crespin, partner, department  Forensic & Integrity Services EY France. – François Barrière and Sidne Koenigsberg, Skadden – Pierre Vimont, Senior Fellow, Carnegie Europe –  Benjamin Jean, president of Open Law –  Thomas Amico, Linklaters     - Read the registration procedure  for this conference. Consult the general calendar of upcoming events. Consult the presentation of the book to be published "Compliance Tools".   Go back to general presentation of the Conferences' cycle "Compliance Tools".   Inscription : anouk.leguillou@mafr.fr        

Publication director

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

📚Publication of : 🕴️Anne-Marie LEROYER, 📕Droit des successions (Law of Succession), 4th ed.

► Full Reference : A.-M. Leroyer, Droit des successions (Law of Succession), 4th ed., 2020, Dalloz, “Cours Dalloz-Série Droit privé” Series, 526 p. - 📕Read the back cover (in French) - 📕Read the table of contents (in French) - 📚See the entire collection in which the book is published. -

Working papers

The attorney, vector of conviction in the new Compliance system

This Working Paper written in English is the basis for an article published in French in the French journal Dalloz Avocat , in March 2020.       Summary of the working Paper. If we perceive Compliance Law as an aggression of the private company and a binding set of mechanisms that have no meaning and added value for it, then the attorney has a utility: defending the business. It can do so not only during the sanctions phase, but also to prevent it. But this function is not central. It becomes so if we understand Compliance Law as a body of substantial rules, pursuing a "monumental goal": the protection of the person, goal injected by political bodies and taken up by the operator. From this, the company must convince everyone to take it back, inside the company and outside. In a general and contradictory debate, the attorney carries this conviction, because he and she is always convincing those who at the end judge (market, public opinion, etc.) that is their raison d'être.   (In this short document, the pop-ups refer to the different works that develop each of the points)

Books

Patrick BOLTON - Morgan DESPRES - Luiz Awazu PEREIRA DA SILVA Frédéric SAMAMA - Romain SVARTZMAN, The Green Swan

The Green Swan

Reference: Patrick BOLTON – Morgan DESPRES – Luiz Awazu PEREIRA DA SILVA – Frédéric SAMAMA – Romain SVARTZMAN, The green swan: central banking and financial stability in the age of climate change, Banque des Règlements Internationaux, Janvier 2020 Accede to article

Jurisprudence

Cour de Cassation, Chambre commerciale

Arrêt du 1er juillet 2020

Full reference: Cour de Cassation, Chambre commerciale, Arrêt n° 319 du 1er juillet 2020 (18-21.487) Read the decision 

Books

ADAM, Patrice👤, LE FRIANT, Martine👤 et TARASEWICZ, Yasmine👤 (dir.)

📕 Intelligence artificielle, gestion algorithmique du personnel et droit du travail: les travaux de l’AFDT

Full reference: Adam, P., Le Friant, M. et Tarasewicz, Y. (ed.), Intelligence artificielle, gestion algorithmique du personnel et droit du travail (written in French), serie "Les travaux de l'AFDT", Coll. "Thèmes et Commentaires", Dalloz, 2020, 241p. Read the fourth of cover