European Court of Human Rights

► 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: 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 -

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.  

The family is built on one basic idea which is so powerful that legal rules are organised around it as spontanely. But if the paradigm is changing, then all the rules change with the strength of the evidence. However, in the 1970s, we changed paradigm. Previously, for millennia, the basic idea was the family as a group. Depending on the time or period, the group has varied in its contours, squares and powers granted to individual members, but the idea of group was acquired. Family was a group which was a part of the social group, kept by the State. From the 1970s, the family becomes the developed project done by a free and independent person. This project designed by a person wishing to build family that suits him or her will result in the fact that the individual meets other individuals whose family project crosses his or her. Contract becomes the perfect tool for these home-made families This desires adjustment corresponds to the market model. Concretely, market of ideal family provides services for satisfaction of various projects, all legitimate as expression of desir. The sufficient link between individuals  is affection and will, the center is the child. The market offers new perspectives, such as ideal partner and even more perfect child, becoming jewel. The idea of ​​Market has triumphed.