Conference organized by the Association de Recherches Pénales Européennes and the Equipe "Internormativités dans l'espace pénal" of the Collège de France. With the support of the UMR de droit comparé de Paris.
At Collège de France
3, rue d'Ulm
75005 Paris
Since the introduction of corporate criminal liability into French criminal law, many European countries have adopted comparable reforms. Difficulties in adapting the new rules to the major principles of criminal law and procedure, combined with insufficient international coordination, have resulted in a remarkable fragmentation of national criminal policy choices. The result is an extremely fragmented legal framework on a comparative scale, in terms of scope of application, criteria for imputation, and applicable standards of sanction and procedure.
Such fragmentation is not without consequences. On the one hand, it weakens the effectiveness of the systems put in place: the diversity of national responses encourages forum shopping, while disrupting judicial cooperation mechanisms. On the other hand, lack of coordination, because of the risk of cumulating repressive responses of varying nature and intensity, leads to an impoverishment of the guarantees that should benefit all defendants - including legal entities.
The symposium proposes to take up this difficult question of the criminal liability of legal entities, from the new perspectives opened up by both the European and international arenas. It will be structured around four sequences. The opening sequence aims to identify and evaluate the achievements of European Union criminal law in this area. To complement this initial assessment, which focuses on criminal law in the strict sense of the term, the second section will enrich the discussion with contributions from extra-criminal European law. The aim is to assess the lessons that can be learned from other branches of EU law: social, environmental, competition and market law. The third section broadens the analysis even further, noting the need to situate European issues within the international arena, where normative processes and judicial procedures are intertwined, and where economic offences and international crimes intersect. The fourth and final section will launch the discussion, in the form of a round table, on the prospects for harmonizing national systems of corporate liability.
Chair: Luis Arroyo Zapatero, Director of the Institute of European and International Criminal Law at Castilla-La Mancha University
9:30 a.m. Lessons from European social law
Jean-Philippe Lhernould, Professor at the University of Poitiers
10:00 Lessons from European environmental law
Laurent Neyret, Professor, University of Artois
Discussion
Arturo Maresca, Professor, La Sapienza University
Micaela Vitaletti, La Sapienza University
11:00 Lessons from European market law
Frédéric Stasiak, Professor, Université Nancy 2
11:30 Lessons from European competition law
Laurence Idot, Professor at Paris 2 University
Discussion
Nicola Selvaggi, Researcher at Roma 3 University
Manuel Espinoza de los Monteros, Researcher at Castilla-La Mancha University
Chair: Christine Lazerges, Professor at the Sorbonne Law School, Director of the Doctoral School of Comparative Law
2:30 pm Principles for multinational companies
Emmanuel Decaux, Professor, Université Paris 2
3:00 pm The Probo-Koala case
Yann Queinnec, Association Sherpa
Discussion
Vincenzo Mongillo, Researcher at La Sapienza University
Kathia Martin-Chenut, Researcher at CNRS UMR 7012 - PRISME - CNRS/Université de Strasbourg, Member of the "Internormativités dans l'espace pénal" team at Collège de France
Marta Muñoz Morales de Romero, Researcher at Castilla-La Mancha University
16:30 The example of corruption
Monty Raphael, QC, Peters&Peters
17h00 International crimes
Héctor Olásolo, Professor, University of Utrecht
Discussion
Maria Teresa Trapasso, Researcher at La Sapienza University
Luca d'Ambrosio, Researcher at the Institut d'Études Avancées de Nantes
Pejman Pourzand, ATER at the Collège de France, Member of the "Internormativités dans l'espace pénal" Team at the Collège de France
Chair: Geneviève Giudicelli-Delage, Professor at the Sorbonne Law School, President of ARPE
9:30 a.m. Round table
Yves Bot, Advocate General at the Court of Justice of the European Union
Didier Boccon-Gibod, Advocate General at the Cour de cassation
Simone White, OLAF, Hon Research Fellow, Institute of Advanced Legal Studies, London
Working languages: English, French
