Articles in a legal collective publication

Articles in a legal collective publication

Le juge, le régulateur et le Droit

Articles in a legal collective publication

La société et l’entreprise

Articles in a legal collective publication

Compliance et confiance

Articles in a legal collective publication

article dans une publication juridique collective

📝La mondialisation du point de vue du Droit (“Globalisation from a legal perspective”), in📗La mondialisation (“The Globalisation”)

► Full Reference: M.-A. Frison-Roche, "La mondialisation du point de vue du Droit" (Globalisation from a legal perspective), in Association Henri Capitant,  La mondialisation, t. LXVI/2016, Berlin, Bruylant, coll. "Travaux de l'Association Henri Capitant",   2017, pp. 11-30 - 📝read the  article (in French)  - 📗read the general presentation of the book, La mondialisation, in which this contribution for the book's synthesis and conclusion is published - 🚧lire le document de travail bilingue sur la base duquel cet article a été élaboré, doté de développements supplémentaires, de références techniques et de liens hypertextes - ► English summary of this article: Globalisation is a confusing phenomenon for lawyers. The first thing to do is to take the measure of it. Once this has been done, it is essential to allow oneself to think something about it, or even to force oneself to think something about it. For example, on the novelty or otherwise of the phenomenon, which then enables us to assess what is being put in place. If Law can and must "pretend" to defend every human being, a universal ambition that is intended to confront the global field of forces, then the next – but secondary – question is: quid facere? Nothing? Less than nothing? Or regulate? Or do we still affirm that the Law fulfills its primary function, which is to protect the weak, even in the power struggle that is Globalisation? - 📝read the summary and conclusive report of the symposium organised by the Association Henri Capitant, as part of the Journées internationales Allemande about La Mondialisation in Berlin, the 27 May 2016. - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law

Articles in a legal collective publication

Le dialogue de la norme étatique et de la compliance

Full reference : Auby, J.-B., Le dialogue de la norme étatique et de la compliance, in Frison-Roche, M.-A. (dir.), Régulation, Supervision, Compliance, Série Régulations, Dalloz, 2017.   Read the General presentation of the book in which the article is published.   Read the other books of the sérieux in which the book is published   Sciences Po Students can read the article via the Drive, folder "MAFR-Régulation"

Articles in a legal collective publication

📝From Regulation Law to Compliance Law, in 📕Regulation, Supervision, Compliance

Complete reference: Frison-Roche, M.-A., Du Droit de la régulation au Droit de la compliance, in Frison-Roche, M.-A. (dir.), Régulation, Supervision, Compliance, Série Régulations, Dalloz, 2017, pp. 1-14. This article was published in the book Régulation, Supervision, Compliance, published in the Régulations.  Series. (Dalloz-Journal of Regulation and Compliance -JoRC) It is based on a working paper, available in French and English. Read the article. Summary: It is a question of showing the movement which starts from Regulation Law, today constituted, to Compliance Law, today in the process of being born. To explain this movement, making it possible to anticipate the near future, in what it should not be and in what it should be, it is necessary to restore how the Compliance Law was born from a Law of Regulation which has thus found the sources of a Law of public services whose roots it had first cut (I). In fact, the Law of Regulation has happily renewed the Law but has also narrowed its perspective. Today, the phenomenon of globalization calls for a need for public authority 1 that States cannot be satisfied by traditional legal methods, even when it is necessary to set up a sort of "global public service". This then takes place through Compliance Law which revolutionizes all legal systems, both Common Law and Civil Law (II). In fact, the Compliance Law internalizes in certain companies, the "crucial operators", the duty to make effective the "monumental goals" that the regulatory authorities have formulated and which these companies must make effective worldwide. In this respect, Compliance Law is an extension of Regulation Law, which is taking on a new dimension both in its aims and in its space. It is the whole of the Law which is transformed. The near future will say whether it results in confrontations, between companies and regulators, between Europe and the United States, or on the contrary by a pact of confidence between crucial operators and Regulators. If this is achieved, the Compliance Law, expressing the political dimension of the Law of regulation, expressing the share of companies ceasing to be neutralized by the mechanics of the markets, will be an advance in Law. It is in this perspective that European Compliance Law must be constructed.