Article 6 European Convention on Human Rights

► Full Reference: ECHR, 5th sect., 30 March 2023, François Ruffin vs France and Association Fakir vs France, req. n° 29854/22 and 29863/22. - 🏛️read the decision (in French) -

► Full Reference: E. Wennerström, "Quelques réflexions sur la Compliance et la Cour européenne des droits de l'homme" ("Some Reflections on Compliance and the European Court of Human Rights"), in M.-A. Frison-Roche (ed.), La juridictionnalisation de la Compliance, coll. "Régulations & Compliance", Journal of Regulation & Compliance (JoRC) and Dalloz, 2023, pp. 479-489. - 📕read a general presentation of the book, La juridictionnalisation de la Compliance, 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 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. -

Full Reference : Frison-Roche, M.-A.,Attorney's Professional Secret & Filter mechanism in balance with fighting Money Laundering: constitutional analysis in favor of Attorney's Secret, Newsletter MAFR – Law, Compliance, Regulation, October 9, 2020.   Summary: By its judgment of September 24, 2020, the Constitutional Court of Belgium released an essential judgment which considers: – Compliance Law which imposes obligations on entities to fight against money laundering and the financing of terrorism is legal requirements which must be analyzed on the basis of these goals – the national transposition law is "broader" than the transposed European texts since it is anchored in the Constitution – the provisions of the law imposing the declaration of suspicion on an employee of the Attorney or on a Compliance Officer concerning information covered by the professional secrecy of the Attorney, the basis of Democracy, must therefore be canceled. This reasoning is remarkable and very solid. It is not unique to Belgium.   Lire par abonnement gratuit les autres News dans la Newsletter MAFR – Law, Compliance, Regulation

Complete reference : Andriantsimbazovina, J., La « confiance du public » dans la jurisprudence de la cour européenne des droits de l'homme, in  Mélanges en l'honneur de Frédéric Sudre, Les droits de l'homme à la croisée des droits, LexisNexis, 2018, pp. 11-19. Read a general presentation in which the article is published.     Students can consult the article via the Sciences-Po Drive, "MAFR-Régulation & Compliance" folder.