Présentation de l'éditeur
Compliance was designed to produce ex ante security without conflict. And yet... Sanctions, controls, cancellations, liability: judges are everywhere. This new branch of Law is becoming jurisdictional.
Increasingly, Compliance is forcing companies to become Judges of themselves and of others. In this new role, interests contradict each other, and Lawyers no longer know whom to defend, and everyone suffers from a lack of solutions. Internal investigations, French judicial public interest agreements, monitoring, etc., all require procedural principles to be adapted, while the Rule of Law requires protection of others and concern for the future, these Monumental Goals defining Compliance Law.
These global systemic concerns, such as the climate issue or security, truth and respect for others in the digital space, are giving rise to the emergence of new Judges, such as the International Arbitrator.
The Procedure, the Lawyer and the Judge must therefore be placed at the heart of Compliance mechanisms.
In practice, how can these opposites be reconciled, turned into advantages, and find new judicial solutions?
This is the practical subject of this book.
Sommaire
Introduction
- Main Aspects of the Book Compliance Jurisdictionalisation
- Reinforce the Judge and the Lawyer to Impose Compliance Law as a characteristic of the Rule of Law
Chapter I. THE COMPANY ESTABLISHED PROSECUTOR AND JUDGE OF ITSELF BY COMPLIANCE LAW
- The “Judge-Judged.” Articulating Words and Things in the face of Conflicts of Interest
- Reflections on the existence of companies’ jurisprudence through Compliance matters
- The jurisdictionalisation of reputation by platforms
- The company judges itself: the Compliance function in the bank
- Compliance law in the construction industry and the contradictions, impossibilities and deadlocks that companies face
- Compliance in Companies: The Statutes of the Process
- The Legal Nature of the Facebook “Supreme Court”
- Internal investigations within companies
- Shaping the Company through Negotiated Criminal Justice Agreements . French Perspective
- Vigilance, being a judge and not judge
Chapter II. PROCEDURAL LAW IN COMPLIANCE LAW
- Procedural Principles in Compliance Law
- Compliance Law, a New Guiding Principle for the Trial?
- Privilege Lessons from the U.S.
- Motivation and publicity of the decisions of the Restricted formation of the French Data Protection Authority (Commission nationale de l’informatique et des libertés – CNIL) in a Compliance Perspective
- The Difficulty for Compliance Enforcement Authorities to Comprehend the Rights of the Defence in Compliance Matters
- Adjusting General Procedural Law to Compliance Law by the Nature of Things
Chapter III. ARTICULATION BETWEEN COMPLIANCE LAW AND INTERNATIONAL ARBITRATION
- Compliance and arbitration. An attempt at problematisation
- What place is there for compliance in investment arbitration?
- The arbitrator’s position on compliance
- The objectives of compliance confronted with the actors of arbitration
Chapter IV. THE JUDGE IN COMPLIANCE LAW
- The Judge, the Compliance Obligation and the Company. The Compliance Evidence System
- The application of compliance standards by European Union judges
- A single judge in the event of an international breach of compliance obligations?
- Compliance and Judge of the Law
- The Administrative Judge and Compliance
- Some Reflections on Compliance and the European Court of Human Rights
