Sept. 24, 2020

Newsletter MAFR - Law, Compliance, Regulation

The Economic Impact of Law: a new report about it. And what about Regulation & Compliance? 3 lessons

by Marie-Anne Frison-Roche

ComplianceTech ®.Pour lire cette fiche en français, cliquez sur le drapeau français

Full reference: Frison-Roche, M.-A., The Economic Impact of Law: a new report about it. And what about Regulation & Compliance? 3 lessonsNewsletter MAFR - Law, Regulation, Compliance, 24th of September 2020

Read by freely subscribing the other news of the Newsletter MAFR - Law, Regulation, Compliance


Summary of the news: 

On 18th of September 2020, the European Economic and Social Committee (EESC) published a report about the impact of Rule of Law on Economic Growth. 

The EESC defines the Rule of Law as the obligation to "all public powers act within the constraints laid down by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts". According to the Committee, the Rule of Law thus defined is favorable and even necessary to a durable economic growth especially because instability of regulations, absence of guarantee of labor and property rights, discrimination or non-application of contracts poorly favors or are detrimental for investments and economic agents' productive activities. The EESC observes by the way that countries which respect the Rule of Law grow more rapidly than those which do not respect it. The Committee also insists on the destructive effect of corruption which destroys public services, public action, public institutions on the long run and confidence, increasing inequalities. 

Although EESC approves the actions of European Commission to advance Rule of Law in the Union, it however invites the Commission to continue its efforts by giving a more important place to jurisdictions and by protecting better media freedom in a context of rising autocratic forces in Eastern Europe. 

We can learn three lessons from this report:

  1. The common interest of European Union States to guarantee the Rule of Law. Indeed, Rule of Law is not only written in article 2 of TFEU and has been consecrated by CJEU case law, it is also a condition of economic progress. 
  2. The fight against corruption must be the object of a redoubled effort. In this perspective, Compliance Law is able to offer appropriate innovating legal tools.
  3. To a definition of Regulation and Compliance Law as a simple process of application of mechanical legal rules, it is necessary to substitute a definition of Regulation and Compliance Law based on the notion of "monumental goals" and people protection. In this perspective, these branches of Law would prove to be powerful tools in the service of the advancement of the rule of law in the European space.

comments are disabled for this article