Press review
25 March 2022

Press review – Week of 21 march 2022

In this press review, the second environmental CJIP concluded since its adoption, clarification from the Court of Justice on the conditions under which the authorities can refuse a European arrest warrant, new seizures of assets of Russian oligarchs with impacts on #anti-corruption effectiveness, a possible interference of the French Minister of Justice in the appointment of judges…

 

When arbitration and compliance meet up: analysis of their first interplay

The interaction between arbitration and compliance deserves to be examined. Indeed, more and more questions are being asked as to the place of compliance in arbitration. In particular, the growing importance of compliance raises questions as to the arbitrability of compliance, its impact on arbitral practice itself, and the potential role of arbitrators in implementing and enforcing applicable standards. > Read analysis

 

#ComplianceFrom freezing to seizing the assets of Russian oligarchs, the thorny issue of the fight against corruption

In order to put pressure on Russia, the Minister of the Economy wants to seize the assets of Russian oligarchs on French territory. Moreover, this approach would lead to a more effective fight against corruption.>Read article

 

The new Environmental Public Interest Judicial Agreement

Shortly after the first environmental CJIP, the Groupement agricole d’exploitation en commun (GAEC) signed the second environmental CJIP. The GAEC was prosecuted for discharging harmful substances into fresh water. As a result, the GAEC settled with the authorities and agreed to pay a fine of €1,000 and almost €40,000 to the victims.>Read article

 

#European arrest warrant:  Trust and mistrust in the area of freedom, security and justice

The Court of Justice of the European Union has clarified the conditions under which a judicial authority may refuse to execute a European arrest warrant, in particular in case of suspicions relating to the independence of the judiciary of the authority which issued the arrest warrant (CJEU, 22 February 2022, n° C-562/21 PPU and C-563/21 PPU.>Read article

 

The embarrassing intervention of Dupond-Moretti in the appointment of judges

As part of the process of appointing judges, conducted by the Ministry of Justice, the Keeper of the Seals is reported to have intervened to block the name of Serge Tournaire, investigating judge in the case against Nicolas Sarkozy, from the corresponding lists. It is announced that the final publication will take place after the presidential elections.>Read article

 

In Peru, the former president Alberto Fujimori towards freedom

Peru’s constitutional court has validated the pardon and release decision taken in 2017 by then-President Pedro Pablo Kuczynski in favor of Alberto Fujimori, the country’s former head of state sentenced to criminal imprisonment for money laundering, corruption and crimes against humanity. The decision had been suspended by the lower courts on the grounds that it had been subject to influence peddling by the government. He is about to be released. Read article

 

The conduct of hearing in the context of an internal investigation

Julie Zorrilla and Stéphane de Navacelle shared about the difficulties involved in conducting interviews with the Cergy Pontoise University Business Law and Ethics Master degree students.> See presentation

 

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