Full reference : Frison-Roche, M.-A., The Potential of Compliance Law (
Les potentialités du Droit de la Compliance), conference given to Muriel Fabre-Magnan's students, Paris I, 17th of March 2021. - This conference has been designed for Paris I's students following a Law cursus, specialized in Law of obligations and especially in Tort Law. It therefore aims to show the technical content of Compliance Law and what it can become. It has been followed by a debate with students. Summary: Compliance Law is a branch of Law in the process of being born. We can be sure of its existence in the French positive Law, through the technical examination of laws called "Sapin 2" (2016) and "Vigilance" (2017). It appears at radically new. It is the reason why it is perceived as an attack, especially from United-States and we rather use legal knowledge to counter it. But if we study the historical reasons of its adoption in the United-States and the "monumental goals", whether they are negative (what should not appear in the future) or positive (what should appear in the future), we can measure that this Law, which is essentially Ex Ante could be the means through which scattered but legitimate public authorities and powerful but illegitimate big firms could ally. Therefore potentially Compliance Law could be the worst, simple tool of obedience (mechanical "conformité") or the best: what through which we could do something face to global problems, like global warming, or what we would accept to look in the face: the care for others.
Read the slides on which this conference was based (in French)
