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?
