June 11, 2021

Compliance: at the moment

📧The G7 establishes how to tackle the global health crisis and to prevent the potential next one: lessons from Compliance Law

by Marie-Anne Frison-Roche

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Compliance Law, alliance between political authorities and systemic private operators: we are getting it there. 

 

Crises are also times when reality appears more clearly. Thus said "health crisis" makes it appear more clearly what the "financial crises" had done: Compliance Law is the way in which political authorities, faced with a major global problem, form an alliance with companies which are in a position to resolve it (➡️📝Frison-Roche, M.-A., Place and Role of companies in the creation and effectiveness of Compliance Law in crisis, 2021).

The G7 has just formulated it by deciding on the principle of distributing vaccines to the whole world made with money from the richest countries and the more or less forced cooperation of systemic operators, in particular pharmaceutical laboratories. G7 is thinking about the next health crises. In fact, Compliance Law is an Ex Ante Law which aims to prevent a potential crisis.

The following problems are twofold. First, the very challenging next crisis should be the environmental crisis. Its "prevention" is a "monumental goal". An "Environmental Compliance Law" begins to set up, for example through the "public interest judicial agreement" (law of December 2020), or the internalization of goals into companies. But if in terms of health it is already difficult to designate companies "in position" (because there are not only laboratories ...), it is even more difficult in environmental matters because environment is not a "sector". "Ex Ante responsibility" is more difficult to establish, but it is also more vital too (➡️📝Frison-Roche, M.-A., Environmental Compliance Law, as Ex Ante Responsibility, 2020).

Moreover, in Compliance Law so that the private companies which maintain the system are not the masters of it, they are supervised by public supervisory authorities which control them in Ex Ante, inspect them, etc., according to the banking model. It has been taken up in the digital space, an essential role fulfilled for example by the CSA (French media regulator) or the CNIL (French personal data regulator). But in terms of protection of environment, there stil is no Authority, which will operate in Ex Ante (and therefore continuously) this supervision.

This is not irrelevant. We could entrust this to the European Central Bank: since finance is already green, we can ask it. Perhaps even without a specific text (in this sense, see ➡️📝Frison-Roche, M.-A., Compliance Law, Health Crisis and Future, 2020,)

And the main thing is to move forward in this dazzling Compliance Law, by which, to avoid collapse, a new Law is born, leaving there borders and distinctions, allowing unprecedented alliances, to save human lives in far countries.

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