Will

► Full Reference: Y. Feldman,Can the Public Be Trusted?: On the Promise and Perils of Voluntary Compliance, Cambridge University Press, 2025.  - ► Presentation of the book (done by the Author) : "When do citizens voluntarily comply with regulations rather than act out of fear of sanctions? Can the Public Be Trusted? challenges prevailing regulatory paradigms by examining when democratic states can rely on voluntary compliance. Drawing on behavioral science, law, and public policy research, Yuval Feldman explores why voluntary compliance, despite often yielding superior and more sustainable outcomes, remains underutilized by policymakers. Through empirical analysis of policy implementation in COVID-19 response, tax compliance, and environmental regulation, Feldman examines trust-based governance’s potential and limitations. The book presents a comprehensive framework for understanding how cultural diversity, technological change, and institutional  shape voluntary cooperation.". -   📗Read the book

► Full Reference: M.-A. Frison-Roche, "Obligation sur Obligation vaut" ("Obligation upon obligation work"), in M.-A. Frison-Roche (dir.), L'Obligation de Compliance, Journal of Regulation & Compliance (JoRC) and Dalloz, coll. "Régulations & Compliance", 2025, pp. 324-354. - 📝read the article - 🚧read the bilingual Working Paper on the basis this article has been written, with more developments, technical references and hyperlinks - 📕read the general presentation of the book, L'Obligation de Compliance, in which this article is published 📚see the general presentation of the series "Régulations & Compliance" in which this book is published - ► English Summary of this contribution: The demonstration of the part played by Will in the Compliance Obligation incumbent on companies is based on the distinction and articulation between the Regulatory Legal Obligation and the spontaneous Obligation of companies, in the use that companies make of their will to implement their Regulatory Legal Obligation and the use that they make of it to produce even new ambitions. This is why the demonstration is carried out in 3 stages. The first part of the demonstration consists in finding the part played by the free will of companies in their Compliance Obligation by putting an end to two confusions: the first, which, within the Contract and Tort Law itself but also within Compliance Law, splits up and confuses "free will" and "consent", which would no longer require freely expressed acceptance; the second, which, specific to Compliance Law, confuses "Compliance" and "conformity", reducing the former to mechanical obedience, which would exclude any free will. Having clarified this, the rest of this study focuses on the 2 ways in which a company subject to a Compliance Obligation by regulations expresses a part of its free will, which the study expresses in this proposed adage: Obligation upon Obligation is valid, since the regulatory legal obligation to which the company responds by the obedience owed by all those subject to the Law may be superimposed by its free will, which will then oblige it. The first case of Obligation upon Obligation, studied in a second part, concerns the means by which the Regulatory Legal Compliance Obligation is implemented, the company subject to the Monumental Goals set by the Law remaining free to choose the means by which it will contribute to achieving them. Its free will will thus be exercised over the choice and implementation of the means. This can take two legal forms: contracts on the one hand and "commitments" on the other. Thirdly, the second case of Obligation upon Obligation, which is more radical, is that in which, in addition to Compliance's regulatory legal Obligation, the company draws on its free will to repeat the terms of its regulatory legal Obligation (because it is prohibited from contradicting it), a repetition which can be far-reaching, because the legal nature (and therefore the legal regime) is changed. The judgment handed down by the The Hague Court of Appeal on 12 November 2024, in the case law Shell, illustrates this. What is more, the free will of the company can play its part in the Compliance Obligation by increasing the Compliance Obligation. This is where the alliance is strongest. The interpretation of the specific obligations that result must remain that of the Monumental Goals in a teleological application that gives coherence to the whole. - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law 🌐subscribe to the Video Newsletter MAFR Surplomb 🌐subscribe to the Newsletter MaFR Droit & Art

► Full Reference: M.-A. Frison-Roche, "Préalable : ce qu'est un engagement" ("Prerequisite: the Commitment"), in L. Aynès, M.-A. Frison-Roche, J.-B. Racine and E. Silva-Romero (dir.), L'arbitrage international en renfort de l'obligation de Compliance (International Arbitration in support of the Compliance Obligation), Journal of Regulation & Compliance (JoRC) and Institute of World Business Law of the ICC (Institute), Conseil Économique Social et Environnemental (CESE), Paris, February 9, 2024 - 🧮see the full programme of this event - 🌐consult on LinkedIn a general presentation of this event, which links to a presentation of each speech (in French) - 🧱consult the scientific direction sheet of this event, which gives an account of the various speeches made - 🔲see the slides used to support the presentation (in French) - 🎤see a presentation of the conference "Préalable : ce qu'est l'Obligation de Compliance" ("Prerequisite: what is the Compliance Obligation"), given at the same symposium - 🎤see a presentation of the conference "Le renforcement des engagements de Compliance par le renvoi Ex Ante à l'arbitrage international" ("Reinforcing Compliance commitments by referring Ex Ante to International Arbitration") which was finally not pronounced but will be the subject of an 📝article in the forthcoming book 📘Compliance Obligation  - ► Presentation of the conference: Having defined the Compliance Obligation in "Préalable : ce qu'est l'Obligation de Compliance" ("Prerequisite: what is the Compliance Obligation"), I set out to define what a commitment is. No one doubts that commitments, as words, constitute facts that can engage the liability of companies if there are inconsistencies or lies. The question today is whether a commitment can constitute a legal act, binding in ex ante. Companies make commitments either to fulfil their legal Compliance obligations, which is simply obeying the law, or to express their own wishes, either for themselves or for others. The cases are often confused, even though the scope is not the same. If the commitment takes the form of a contract, Compliance is concerned if the contract is used as an Ex Ante Compliance Tool📎¹🕴️M.-A. Frison-Roche (ed.), 📘Compliance Tools, 2021., either if the entire contract has this purpose, or if a compliance clause is inserted, and an arbitration clause may be linked to it. The commitment, a concept that comes more from the Economics of Regulation, was conceived between a Regulatory Authority and a Company: it is the unilateral decision of the Authority that gives legal force to the commitment. Case law confirms this (Conseil d'État (French Council of State)📎²🏛️Conseil d'État (French Council of State), 21 April 2023, No. 464349, Sté Orange v. Arcep. and Conseil constitutionnel (French Constitutional Council)📎³🏛️Conseil constitutionnel (French Constitutional Council), 19 March 2021, decision No. 2021-891 QPC, Association Générations futures et autres.) and this is particularly clear in Competition Law, but it is also true of the convention judiciaire d'intérêt public – CJIP (French Judicial Public Interest Agreement). If commitment is central to Compliance, particularly Vigilance, it is because Compliance Law is an extension of Regulatory Law📎⁴🕴️M.-A. Frison-Roche, 🚧From Regulation Law to Compliance Law ; 🚧Compliance Law loses the ties of Regulation Law but retains its principles: consequences for companies, 2018 ; 🚧The deployment of Regulatory Law through Compliance Law in the European project, 2023.. The company is forcibly instituted by the Compliance regulator, particularly in value chains, or on digital spaces (DSA). In drawing up a plan, the company is fulfilling its legal obligation. But if we were to consider that it is a commitment, then we would also have to consider that the plan is the result of its will, that it must consult the stakeholders in its preparation, but that the source of the plan is its will: the provisions are not stipulations, are not applications of the law, but unilateral voluntary provisions. In this respect, and because its source is the will of the company (which does not prevent its co-construction), a plan could contain a "graduated offer" of arbitration. This offer could be included in commitments that are less regulated by law, such as those made in the context of CSR. - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law

► Full Reference: L. Aynès, M.-A. Frison-Roche, J.-B. Racine and E. Silva-Romero (dir.), L'arbitrage international en renfort de l'obligation de Compliance (International Arbitration in support of the Compliance Obligation), Journal of Regulation & Compliance (JoRC) and Institute of World Business Law of the ICC (Institute), Conseil Économique Social et Environnemental (CESE), Paris, February 9, 2024 - 🌐consult on LinkedIn a general présentation of this event, which links to a presentation and a report of each speech  - 🏗️This symposium takes place in the cycle of symposiums organised by the Journal of Regulation & Compliance (JoRC) and its partners Universities, focusing in 2023-2024 on the general theme of the Compliance Obligation - 📚The works will then be inserted in the books:  📕L'obligation de Compliance, to be published in the 📚Régulations & Compliance Serie, co-published by the Journal of Regulation & Compliance (JoRC) and Dalloz, published in French. 📘Compliance Obligation, to be published on the 📚Compliance & Regulation Serie, co-published by the Journal of Regulation & Compliance (JoRC) and Dalloz, published in English. - ► General presentation of the symposium: "Compliance Obligation" appears to be far from International Arbitration if Compliance Law is only understood in terms of binding regulations or even Criminal Law. Arbitration would only have contact with Compliance Obligation in a repulsive way, when a person claims to have enforced a contract before an arbitration court that disregards a compliance prohibition, e.g. corruption or money laundering. It is therefore from a negative angle that the cross-over has taken place. The fact that Arbitration Law respects the requisite of Criminal Law is nothing new.  Moreover, the power of Compliance in its detection and prevention tools, particularly in terms of evidence, no doubt increases the global efficiency. But Compliance Obligation is based on Monumental Goals, notably linked to global human rights and active ambitions about environment and climate which, particularly in the value chain economy, take the legal form of compliance clauses, or even compliance contracts, or various commitments and plans, which the parties can ask the international arbitrator to enforce. They will do so even more as arbitrators are often the only international, or even global, judges available. The use they will do of Contract Law, Quasi-Contract Law, Enforcement Law, Tort Law, reinforces Compliance Law in a global dimension. - - ► Interviennent :  🎤 Laurent Aynès, emeritus Professor at Paris 1 Panthéon-Sorbonne University, Attorney, Darrois Villey Maillot Brochier (Paris) 🎤 Marie-Anne Frison-Roche, Professor of Regulatory and Compliance Law, Director of the Journal of Regulation & Compliance (JoRC) 🎤 Jean-François Guillemin, former General Secretary of the Bouygues Group 🎤 Christophe Lapp, Attorney, Advant Altana (Paris) 🎤 Jean-Baptiste Racine, Full Professor at Paris Panthéon-Assas University (Paris 2) 🎤 Eduardo Silva-Romero, President of the Institute of World Business Law of the ICC (Institute), Attorney, Wordstone (Paris) - 🧮Read a detailed presentation of the event below⤵️ - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law

► Full Reference: M.-A. Frison-Roche, The role of will in the Compliance Obligation: Obligation upon Obligation is valid and useful, Working Paper, June 2023. - 🎤  This working paper was originally drawn up as a basis for the talk, Obligation on Obligation is worth, on the first day of the conference I co-organised:🧮Compliance : Obligation, devoir, pouvoir, culture (Compliance: Obligation, duty, power, culture), on 13 June 2023. - It was subsequently used as the basis for a forthcoming article: 📝La part de la volonté dans l’obligation de compliance : Obligation sur Obligation vaut". in📕L'obligation de compliance, in the collection 📚Régulations & Compliance 📝The role of will in the Compliance Obligation: Obligation upon Obligation is valid and useful, in📘Compliance Obligation, in the collection 📚Compliance & Regulation - ► Summary of this Working Paper: The demonstration of the part played by the entreprises' Will in the Compliance Obligation incumbent on them is carried out in 3 stages. The first stage of the demonstration consists in finding the part played by the free will of companies in their Compliance Obligation by putting an end to two confusions: the first which, within the Law of Contract and Tort itself but also within Compliance Law, splits and confuses "free will" and "consent", which would no longer require freely expressed acceptance; the second, specific to Compliance Law, which confuses "Compliance" and "conformity", reducing the former to mechanical obedience which could exclude any free Will. Having clarified this, the rest of the study focuses on the 2 ways in which a company subject to a Compliance Obligation by compulsory regulations expresses a part of its free Will, which the study expresses in this proposed adage: Obligation upon Obligation is valid, since the legal obligation to which the company responds by the obedience owed by all those subject to the regulations may be superimposed by its free Will, which will then oblige it. The first case of Obligation upon Obligation, studied in a second part, concerns the means by which the compulsory Compliance Obligation is implemented, the company subject to the Monumental Goals set by the Legislator remaining free to choose the means by which the company will contribute to achieving them. Its free Will will thus be exercised over the choice and implementation of the means. This can take two legal forms: Contracts on the one hand and "Commitments" on the other. In the third part, the second case of Obligation upon Obligation, which is more radical, is that in which, in addition to Compliance's legal compulsory Obligation, the company draws on its free Will to repeat the terms of its legal Obligation (because it is prohibited from contradicting it), a repetition which can be far-reaching, because the legal nature (and therefore the legal regime) is changed. The judgment handed down by the The Hague Court of Appeal on 12 November 2024, in the so-called Shell case, illustrates this. What is more, the company's free Will can play its part in the Compliance Obligation by increasing the legal Obligation. This is where the alliance is strongest. The interpretation of the specific and diverses obligations that result must remain that of the Monumental Goals in a teleological application that gives coherence to the whole. - 🔓read the developments below⤵️ - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law  🌐subscribe to the Video Newsletter MAFR Surplomb

► Full reference: M.-A. Frison-Roche, "Pourquoi le Droit de la Compliance ?" ("Why Compliance Law?"), in Roman Aydogdu et Hans De Wulf (dir.), Bruxelles, 15 march 2023.  - 🧮Read the full programme of this event -

🌐 follow Marie-Anne Frison-Roche on LinkedIn 🌐 subscribe to the Newsletter MAFR Regulation, Compliance, Law  - ► Full Reference: M.-A. Frison-Roche, Compliance contract, compliance clauses, working paper, September 2022. - ►Summary of this working paper:  Compliance Law has multiplied obligations. However, although Tort Law is emerging in Compliance issues and contracts are multiplying in practice, for the moment the relationship between Compliance Law and Contract Law is not very visible (I). However, there are contracts whose sole purpose is to give concrete form to Compliance, which creates a specific contract and must influence its implementation (II). Moreover, there is much to learn from the diversity of compliance stipulations scattered throughout a wide range of contracts (III). - 🔓read the developments below⤵️

►  An article published on July 14, 2021 by The Wall Street Journal, "Brain Implant Lets Man 'Speak' After Being Silent for More Than a Decade", relays the information that it is now possible, on an experimental basis, to implant in the brain a device allowing a person deprived by a neurological accident to speak to be able to express himself again by writing his thoughts directly on a computer screen, on which the words thought are displayed in sentences. - Several years of "fundamental" research, notably on the part of Facebook, which, in particular by subsidizing the French professor of neurosciences Stanislas Dehaene, in a comparison between the learning development of the brain and the development of "deep learning", have been successful. to allow people who have lost the use of the voice to write directly on screens without this vocal medium by going directly from thought to writing. This leads to three reflections, putting Law and Technology at the center: 1. at first glance, speech being only a medium between thought and expression, it would be conceivable to do without it; 2. However, it is required to draw a parallel with the new technology of "emotional recognition" by which thoughts are accessible to third parties, which thwarts the fundamental right to make one's thoughts inaccessible to others;  The news has shown precisely that this technology, making possible to capture the true thoughts of others despite feigned facial expressions, poses a problem with regard to the fundamental right to lie or to remain silent (see in this regard 📧 MaFR, "Compliance and Ethics Technologies may be inadmissible "in themselves" and conceiving of their "ethical use" is therefore not admissible: practical case on the control of workers' emotions "). 3. By anticipating the possible use of this new technology and the legal reaction to this potentiality, the same question raises whether, per se, such an implantation of a tool for "capturing thoughts directly in the brain" to obtain their "direct translation on a screen" should not be considered as the equivalent of capturing thoughts, just as infringing on everyone's fundamental right to keep their thoughts inaccessible. Here again, the fact that in one or two cases, this made it possible to cure a person does not legitimize the technology in itself. Likewise, the fact that the person "consents" is not sufficient to legitimize what may be a per se attack on the dignity of the human person if the technology has the effect of capturing thoughts with a loss of control. the person concerned. For the moment, in the description given by the researchers according to the article which relates the innovation, it is the transmitter who controls the technology but the elimination of the medium of speech or writing deserves to be conceptualized, in the loss of isolation of the individual, isolation to which the Western tradition has often associated Freedom. - ► s'inscrire à la Newsletter MaFR ComplianceTech®

Experience shows that in the digital the legal technique of consent is not protective enough.   If only because a simplest technology neutralizes the link that should exist between the "consent" of the user and the "free will" of the latter: the consent of the user only protects the latter to the extent that this one can in Law and in fact to say "no.     I. THE EXPERIENCE    For example I found on my Facebook New an access to an unknown web site which puts online an article on "the rights of trees" … I go. In accordance with the European Regulation (GDPR) transposed into French legal system, the site informs that there is possibility for the user to accept or refuse the use of their personal data for the benefit of "partners". If they continue reading, the user is supposed to accept everything, but they can click to "customize". I click: there I find two options: "accept everything" or "reject everything". But the "reject all" option is disabled. It is only possible to click on the "accept all" option.   It is also possible, because the law obliges, to consult the list of the partners of this website: I click and find a list of unknown companies, with foreign denominations, which without doubt once will collect my personal data (and those of my contacts) , having their own head office outside the European Union. It is stated in a text, which can not be copied, that these "partners" can use my data without my consent and for purposes that they do not have to inform me. But, again, these things I can "refuse everything". Here again the "reject all" mention exists but the fonctionality is not active, while the mention "accept all" is an active fonctionality.   As I can not refuse (since it's disabled), and as 99% of Internet users have never clicked on the first two buttons, all their data has been fed into the data market that allows the targeting of products that spill out in the digital space, to their detriment and that of their contact. While believing to read a free article on the "right of the trees". At the end, I do not read this article, since I did not click on the only active buttons: "accept everything".   In more than 50% of cases, the "reject all" or "customize" options are only images but are not active. And data absorption is also about contacts. In exchange for a whimsical article about trees and their rights, or creams to be always young, or celebrities who change spouses, or about so-called tests to find what king or queen you should be if the all recognized all your merits, etc. Proposed on the digital news feed by unknown sites; in partnership with foreign companies that you will never reach. And mass-viewed by Internet users who are also told that "consent" is the proven solution for effective protection …. While these are just panels hastily built by new Potemkins …   II. WHAT TO DO ?    1. Not be satisfied with "consent" from the moment that it is a mechanism that may not be the expression of a free will: how could it be if the option "to refuse" is not active?   2. The link between will and consent must therefore be "presumed" only in a simple presumption and in a non-irrefutable way, because we must refuse to live in a dehumanized society, operating on "mechanical consents", to which the digital does not lead necessarily.   3. Entrust by the Compliance Law to the "crucial digital operators" (in the case of Facebook thanks to which these proposals for free reading are made on the thread of news of the Net surfers) the care to verify in Ex Ante the effectiveness of the link between Will and Consent: Here and concretely the possibility for the user to read while refusing the capture of all its data (for the benefit of operators who do not even have the concrete obligation to give the information of the use that will be made of these personal data).   -

► Complete reference: Frison-Roche, M.-A., Yes to the principle of the will, No to the pure consents, working document for an article written in French Oui au principe de volonté, Non aux consentements purs, to Mélanges dedicated to Pierre Godé, 2018, available at #lien192 en / article / yes-in-principle-of-the-desire-not in the consent /   ► Summary: Pierre Godé devoted his thesis to defend the freedom of the human being, freedom that the person exercises by showing his will. This will manifests itself, even tacitly, by this trace of "consent". In a liberal society, politically and economically, that is to say a society based on the principle of the will of the person, consent must always be defined as the manifestation of the will, this link between consent and will being indivisible ( I). But by a perversion of liberalism, "consent" has become an autonomous object of the freedom of the person, mechanical consent that has made it possible to transform human beings into machines, machines to desire  and machines to be desired, in a world of " pure consents","where we keep clicking, consenting to all without ever wanting. This consent, which has been split from the free will of the person, is the basis of the markets of the Human and the illiberal democracies, threats against human beings (II). The future of Law, in which Pierre Godé believed, is to continue to aspire to protect the human being and, without countering the free will of the human being as the movement of the law of the consumption had been tempted to, to renew with a liberal movement of Law and to fight against these systems of pure consents (III).   🔻read the article below (in French).

►   This working document was intended to serve as a support for a conference pronounced in French in the conference Droit et Ethique ( Law & Ethics) of May 31, 2018 in a symposium organized by the Court of Cassation and the Association Française de Philosophie du Droit.  French Association of Philosophy of Law on the general theme Law & Ethics. See a general presentation of this conference.  Rather, it has served as a support for the article to be published in the Archives de Philosophie du Droit (APD). This article is written in French.    ►   Summary: It is through the Law that the human being has acquired a unity in the West (I). What religion could have done, the Law also did by posing on each human being the indetachable notion of him of "person" (I.A). But this is what is challenged today, not the personality and the power that the human being has to express his freedom but the unity that implies in the disposition that we have of ourselves in repelling the desire that others have always had to dispose of us. Current law tends to "pulverize" human beings into data and transform into neutral legal services what was considered before as the devouring of others. The legal concept of "consent", ceasing to be proof of a free will but becoming an autonomous concept, would suffice (I.B.). To prevent the reigning of the "law of desires", which merely reflects the adjustment of forces, we must demand here and now the ethical sovereignty of Law, because Law can not be just just be just the interests adjustment (II). We can form this request if we do not want to live in an a-moral universe (II.A), if we see that the unity of the person is the legal invention that protects the weak human being (II.B.). If we admit this imperative, then we must finally ask who in the legal system will express and impose it, especially the legislator or the judge, because we seem to have lost the ability to recall this principle of the Person on which the West was so centered. But the principles that are no longer said disappear. There would then remain only the case-by-case adjustment of interests between human beings in the world field of particular forces. At this yardstick, Law would be more than a technique of securisation of particular adjustments. Law would be reduced at that and would have lost its link with Ethics. (II.C). .   

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.