Introduction

Scope of application

Compliance program

Protection of whistleblowers

Audit and sanctions

Rules arising from the Sapin II Law

EU law

French law

Rules derived from competition law

Sapin II Law/Competition

Scope ratione personae

Scope ratione materiae

Scope

Development of plan

Measures included in plan

Inclusion in management report

Vigilance plan

Injunctions

Civil liability

Sanctions

Duty of vigilance (devoir de vigilance)

CSR programs

Reporting

Communication

Reporting and communication

Judicial sanctions

Risk to reputation, strategy and stability

Corporate Social Responsability (CSR)

Middlenext Code

IFA Corpus

AFEP - MEDEF Code

Types

Principles of governance

Principles incorporating CSR values

Principles

Comply or explain

Binding force

Private codes of conduct

Compliance

On expiry of the two-month period given to the undertaking to submit its observations, the chairman of the Sanctions Committee summons the accused party to a hearing, which may not take place in under ten days. The director may be informed by any means available.
Although the hearing is ususally public, the chairman may prohibit the public from entering the hearing room during all or part of the h …

Hearing of the case

On expiry of the two-month period given to the undertaking to submit its observations, the chairman of the Sanctions Committee summons the accused party to a hearing, which may not take place in under ten days. The director may be informed by any means available.

Although the hearing is ususally public, the chairman may prohibit the public from entering the hearing room during all or part of the hearing in order to preserve public order, or when disclosure is likely to undermine business secrecy or any other secret protected by law.

During the hearing, the accused person and the person designated by the director within the agency to represent him/her may make their observations orally.

However, meetings of the Sanctions Committee are secret, and under the terms of Article 6 of the Decree of 14 March 2017, relating to the French anti-corruption agency , no member of the Sanctions Committee may deliberate on a case in which he or she has an interest or has had an interest in the three years preceding the hearing.

The committee deliberates if at least four of its members, including the chairman, are present. If the chairman abstains from sitting or is recused, the meeting is chaired by the oldest member present, with the chairman having the casting vote in the event of a tie.

The director of the AFA, a high-ranking judicial officer appointed by decree of the President of the French Republic, may not be a member of the Sanctions Committee or attend its meetings. Indeed, the Sanctions Committee considers that it follows from the provisions of the Sapin II Law, as clarified by the work that preceded the adoption of the law, that the Director of the Agency may not attend meetings at which the Sanctions Committee exercises the decision-making powers conferred on it, whether this involves its deliberations or, in particular, those by which it adopts or amends its internal regulations. It specifies, however, that these provisions are not intended to and cannot, in the light of constitutional provisions and the European Convention for the Protection of Human Rights and Fundamental Freedoms, relating to the right to a fair trial, have the effect of prohibiting the director from attending or being represented as a party at hearings held by the Sanctions Committee, in accordance with the provisions of Article 5 of the Decree of 14 March 2017, with a view to ruling on cases referred to it. His presence at the public hearing therefore does not affect the Sanctions Committee's independence from all parties, its impartiality, the adversarial nature of the proceedings or the rights of the defense, as long as he does not take part in the deliberations .

Decree No 2017-329 of 14 March 2017, relating to the French Anti-Corruption Agency, OJ of 15 March 2017.

Compliance

93. Hearing of the case

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

93. Hearing of the case

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise