Resources

► Full Reference: A. Danis-Fatome, "The proposal for a European Directive on the duty of vigilance: brief views on civil liability", International Business Law Journal, 5, 2022, pp. 489-497. - ► Summary of the article (done by the Journal of Regulation & Compliance):  -

►Full Reference: LeCun, Y., A Path Towards Autonomous Machine Intelligence, Position Paper,  Version 0.9.2,  27 juin 2022. -   📝read the article.  ⚔️follow the discussion open by the Author on his Paper -   ►Article Summary (done by the Author) : How could machines learn as efficiently as humans and animals? How could machines learn to reason and plan? How could machines learn representations of percepts and action plans at multiple levels of abstraction, enabling them to reason, predict, and plan at multiple time horizons? This position paper proposes an architecture and training paradigms with which to construct autonomous intelligent agents. It combines concepts such as configurable predictive world model, behavior driven through intrinsic motivation, and hierarchical joint embedding architectures trained with self-supervised learning.  -

► Full Reference: Autorité de la concurrence – ADLC (French Competition Authority), Framework document of 23 May 2022 on competition compliance programmes, 2022 - 📜read the framework document - 📜read the french version of the framework document : Document-cadre du 24 mai 2022 sur les programmes de conformité aux règles de concurrence -

► Full Reference: Meziani, L., Ch., Proportionality in Compliance, the guarantee of public order in companies, in Frison-Roche, M.-A. (ed.), Compliance Monumental Goals, series "Régulations & Compliance", Journal of Regulation & Compliance (JoRC) and Bruylant, to be published. - ► Article Summary (done by the Journal of Regulation & Compliance):  The author emphasizes the part that companies take not only in the application of Compliance mechanisms but also in their establishment, as soon as Proportionality, a mechanism that guarantees public order, is respected. It emphasizes the link between Compliance and Ethics, since the company is directly in charge of the people who work for it and in its name, the company being a way of social integration. The way in which the company organizes itself so that the people within it are treated fairly is a major factor in an effective Compliance culture. -     📘go to the general presentation of the book in which this article is published.   -    

► Full Reference: N. Sudres, "Gel hydroalcoolique, Covid-19 et Compliance. Des insuffisances de la démarche de conformité à l’émergence d’îlots de compliance" ("Hydroalcoholic gel, Covid-19 and Compliance. From inadequacies of the conformity approach to the emergence of islands of Compliance"), in M.-A. Frison-Roche (ed.), Les Buts Monumentaux de la Compliance, coll. "Régulations & Compliance", Journal of Regulation & Compliance (JoRC) and Dalloz, 2022, pp. 307-337. - 📕read a general presentation of the book, Les Buts Monumentaux de la Compliance, in which this article is published - ► Summary of the article (done par the Author): During the Covid-19 Crisis, managing the manufacture, prices, and availability of hydro-alcoholic gel, a key product in the fight against Covid-19 transmission, provides an issue to measure both the limits and resources of Compliance Law.  While the Culture of "conformity" with the Antitrust Law was insufficient to counter the surge in the issue of the prices of   hydro-alcoholic gels and masks, implying the use of tools that seem the opposite of Compliance by State (such as price fixation and requisitioning), mechanisms inspired by them have been put in place to deal with other problems linked to the availability of Essential Goods in times of Health Crisis. It remains in question whether these mechanisms should inspire the conception of stable Compliance Standards in the future. -

► Full Reference: E. Silva-Romero & R. Legru, "What place is there for compliance in investment arbitration?", in M.-A. Frison-Roche (ed.), Compliance Jurisdictionalisation, Journal of Regulation & Compliance (JoRC) and Bruylant, coll. "Compliance & Regulation", to be published.   - 📘read a general presentation of the book, Compliance Jurisdictionalisation, in which this article is published   - ► The summary below describes an article that follows an intervention in the scientific manifestation Compliance et Arbitrage, co-organised by the Journal of Regulation & Compliance (JoRC) and the University Panthéon-Assas (Paris II). This conference was designed by Marie-Anne Frison-Roche and Jean-Baptiste Racine, scientific co-directors, and took place in Paris II University on March 31, 2021.  In the book, the article will be published in Title III, devoted to: Compliance et Arbitrage. - ► Summary of the article: The authors emphasize the new and growing place of Compliance in International Arbitration, particularly in the requirement of respect for ethical values, since arbitrators can implement Ethics, sometimes lacking in international trade, or even must put their power only at the service of investors who respect the Rule of Law. Thus, Compliance is deployed through the classic control by the arbitrators of the legality of the investment, which applies both to the establishment of the treaty itself and to the investor. In a more recent way, the arbitrator can control about an investment project a sort of "social license to operate" of the investor, concept related to the social responsibility of the companies, appeared for the protection of the peoples indigenous. Moreover, Compliance can justify a substantial assessment by the arbitrator of the effective respect of the human rights and the environment protection via an investment treaty, the State party remaining able to act for the effectiveness of these concerns. - 🦉This article is available in full text to those registered for Professor Marie-Anne Frison-Roche's courses -

► Full Reference: A. Oumedjkane, A. Tehrani & P. Idoux, "Normes publiques et compliance en temps de crise : les buts monumentaux à l'épreuve. Éléments pour une problématique" ("Public Norms and Compliance in times of crisis: Monumental Goals tested. Elements for a problematic"), in M.-A. Frison-Roche (ed.), Les Buts Monumentaux de la Compliance, coll. "Régulations & Compliance", Journal of Regulation & Compliance (JoRC) and Dalloz, 2022, pp. 275-295. - 📕read a general presentation of the book, Les Buts Monumentaux de la Compliance, in which this article is published - ► Summary of the article (done by the Authors): In this paper, compliance refers to the fact that large private firms, through internal procedures designed to abide by public norms, participate in achieving the goals set out by public authorities, as the latter cannot reach those goals without help (proper functioning of financial markets, environment protection, fight against the corruption…). While in times outside a crisis period, the need to maintain a close link between public norms and compliance to achieve those “monumental goals” has been established, the validity of this analysis must be assessed during crisis periods. Indeed, to put an end to the turmoil as soon as possible, it is tempting to rely primarily on public authorities.  Should then be studied, in the light of the health crisis, the possibility that the link between public norms and compliance be altered in times of crisis. Not only is the normative reaction of public authorities very intense during the period, but some features of the compliance could lead one to think that compliance is in no way useful in a context of emergency and instability. This paper nevertheless suggests that to achieve monumental goals, it is necessary to maintain a close link between public norms and compliance. Such a link was maintained indeed, even at the height of the health crisis, and this should probably also be the case beyond this period, as breaking the link involves some risks which are not specific to the current health crisis. In other words, despite its shortcomings, compliance may not lose all its assets in times of crisis. -

► Full reference: C. Dubost and D. Potier, Commission des lois constitutionnelles, de la législation et de l’administration générale de la République, Rapport d'information sur l’évaluation de la loi du 27 mars 2017 relative au devoir de vigilance des sociétés mères et des entreprises donneuses d’ordre, 24th February 2022, 100 p. - ► Read the report (in french)  -

► Full Reference: Marty, F., The Case for Compliance Programs in International Competitiveness: A Competition Law and Economics Perspective, in Frison-Roche, M.-A. (ed.),Compliance Monumental Goals, series "Compliance & Regulation", Journal of Regulation & Compliance (JoRC) and Bruylant, to be published. - ► Article Summaryésumé de l'article (done by the Journal of Regulation & Compliance): The author analyzes economically the question of whether the compliance programs set up to respect competition rules are for the sole purpose of avoiding sanctions or also contribute to the goal of increasing the international economic performance of companies. which submit to them. The author explains that companies integrate by duplication external standards to minimize the risk of sanctions, developing a "culture of compliance", which produces their competitiveness increase and the effectiveness of the legal and economic system. In addition, it reduces the cost of investment, which increases the attractiveness of the company. In this, this presentation based on the postulate of the rationality of companies and investors, compliance programs can fall under self-regulation. The duplication of the law that they operate takes place largely according to "procedural" type methods. -     📝 go to the general presentation of the book 📘Compliance Monumental Goals, in which this article is published -

► Full Reference: Segonds, M., Compliance, Proportionality and Sanction. The example of the sanctions taken by the French Anticorruption Agency, in Frison-Roche, M.-A. (ed.),Compliance Monumental Goals, series "Compliance & Regulation", Journal of Regulation & Compliance (JoRC) and Bruylant, to be published. - ► Article Summary:  Before devoting the developments of his article to the sole perspective of sanctions imposed under "Anti-corruption Compliance", the author recalls in a more general way that, as is the sanction, Compliance is in essence proportional: Proportionality is inherent to Compliance as it conditions any sanction, including a sanction imposed under Compliance. This link between Proportionality and Compliance has been underlined by the French Anti-Corruption Agency (Agence française anticorruption – AFA) with regard to risk mapping, which must measure risks to arrive at effective and proportional measures. This same spirit of proportionality animates the recommendations of the AFA which are intended to apply according to the size of the company and its concrete organisation. It governs sanctions even more, in that punitive sanctions refer on one hand to Criminal Law, centered on the requirement of proportionality. Punitive sanctions It governs sanctions even more, in that punitive sanctions refer on the other hand to the disciplinary power of the manager who, from other sources of law, must integrate the legal requirement of proportionality when he/she applies external and internal compliance norms. -     📘see the general presentation of the book, Compliance Monumental Goals, in which this article is published   -

►Full Reference: Delalieu, G., La loi sur le devoir de vigilance des sociétés multinationales : parcours d’une loi improbable, Droit et Société, 2020/3, n°106, pp. 649-665. - ►English Summary of the Article (done by the Author): (Corporate Duty of Vigilance in France: The Path of an Improbable Statute). This article offers an analysis of the resistance encountered by defenders (NGOs and trade unions) of the French Law on Corporate Duty of Vigilance. These actors sought to behave as institutional entrepreneurs deploying intense advocacy and lobbying efforts to successfully have this bill tabled, examined, and ultimately passed by the French government. Considering this case, the concept of “institutional entrepreneurship” is discussed and then relativized using Machiavelli’s notion of “Fortuna,” to describe the “improbable” adoption of this statute. The results tend to put into perspective the importance that individual actors, including collective ones, can have in the explanation of institutional change, in favor of a multilevel analysis of change (micro, meso, macro). -  

► Full Reference: E. Wennerström, "Some Reflections on Compliance and the European Court of Human Rights", in M.-A. Frison-Roche (ed.), Compliance Jurisdictionalisation, Journal of Regulation & Compliance (JoRC) and Bruylant, coll. "Compliance & Regulation", to be published.  - 📘read a general presentation of the book, Compliance Jurisdictionalisation, in which this article is published   - ► Summary of the article (done by the Journal of Regulation & Compliance): The development of the European Court of Human Rights case law, contributing to European integration, has incorporated the substantial concept of ​​"compliance" which goes beyond the idea of ​​legality with respect to which companies remain passive, and promotes legal orders as systems in interaction with one another. The author develops the spirit and scope of Protocol 15 by which both the principle of subsidiarity and the margins of appreciation the signatory States are organized, mechanisms governed by the principle of proportionality. Subsidiarity means that the States are in the best position to design the most adequate application of the Convention, the close links between the States allowing its effective application. In addition, the new opinion procedure which allows a national court to have during a case the non-binding opinion of the ECHR ensures better compliance with the objectives of the Convention. The case-law of the Court takes up this substantial requirement through its doctrine, in particular identified in the Bosphorus case, by stressing that the accession of a State to the European Union presumes its compliance when implementing EU law with the obligations arising from the ECHR, even if this presumption can be refuted if the protection is manifestly lacking, which was admitted in several cases, in particular concerning the right to an impartial tribunal in matters of economic regulation. The different legal orders are thus articulated.  The author concludes that the European Court of Human Rights, like the Court of Justice of the Union, contributes to the construction of Compliance Law in Europe, from an Ex Ante perspective favoring opinions rather than Ex Post sanctions and creating, in particular through the Bosphorus doctrine, elements of security and confidence for European integration around common values. -   🦉This article is available in full text to those registered for Professor Marie-Anne Frison-Roche's courses -