Why put Monumental Goals as first legal norms in Compliance Law

On ??September 16, 2021, a colloquium about?Les Buts monumentaux de la Compliance?(Compliance Monumental Goals),?co-organised?by the?Journal of Regulation & Compliance (JoRC) and the Laboratoire Dante of?Paris-Saclay University, hosted by Paris Place du Droit, was a perfect occasion to formulate why we need to put Monumental Gals as first legal norms in Compliance Law.

(see the notes taken in French during the colloquium).

?? The videos of every contribution will be available soon, with French and English subtitles.

??Conclusions' Summary: Based on the multiple contributions of the day, the?first part of this?synthesis?focuses on the practical interest of having?Monumental Goals?attached to compliance techniques.Conceptually defining these Monumental Goals as normative legal rules of Compliance Law has the?first practical advantage?of making?clear this scattered and almost?incomprehensible?material, allowing us to better understand it.?

The?second practical advantage?is to bring together the various branches of law in that they all contain compliance mechanisms, the points of contact thus discerned leading to a unification of technical legal rules.?

The?third practical advantage?is to provide the various sources of law concerned with a means of applying and interpreting the law.

The?fourth practical advantage?is to give meaning to all these technical provisions.

In the?second part of this?synthesis, it appeared that these practical considerations therefore justify undertaking the "conceptual adventure". This one can take three pillars, in this "cathedral" that Dominique de la Garanderie designed, this "monument" corresponding well to the adjective?Monumental?which is better suited to these?Goals?than does the adjective "Fundamental", because it is a question of building, of building for a future which?is not fatal.

The?first conceptual pillar?consists in conceptualizing the Monumental Goals so that the Compliance Law finding a substantial meaning thus gives in a normative way a meaning to all the technical provisions which serve it in an instrumental way.

The?second conceptual pillar?consists of giving everyone their place, that of public authority, that of the company and that of the population, each concerned and each not having to take the place of the other in the determination of the?monumental goals, the company being in particular free in the design of the means while the political authority being in charge of drawing the?Goals, the company being able to copy them?on its own account. This conception does not depend on legal systems but on goals and legitimacy, in particular on the definition chosen for what is a company.

The?third conceptual pillar?derives precisely from the humanist conception that one can claim to have of the?Compliance Monumental Goal, risk management being only a means to achieve it. Humanism effectively carried by Compliance, taken on their?own account by the companies?alone capable of making them concrete, is what makes it possible to distinguish texts that are nevertheless technically similar, depending on whether they apply in?Rule?of Law systems?or in systems which are note governed by the Rule of Law Principle.

This is why the technical future of Compliance Law lies in this conceptual adventure that it is necessary to lead.

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???This colloquium is part of the Cycle of colloquia 2021 organized by the Journal of Regulation & Compliance (JoRC) and its Academic partners around?Compliance Monumental Goals.??

???This manifestation was in French but the interventions?will be part of an English collective book directed by Marie-Anne Frison-Roche,?Compliance Monumental Goals, co-published by the Journal of Regulation & Compliance (JoRC) and Bruylant, available in 2022.

???An equivalent book in French,?Les Buts Monumentaux de la Compliance, directed by Marie-Anne Frison-Roche, will be co-published?by the JoRC and Dalloz, available en 2022.