De-penalization of the right of the businesses

The de-penalization of the right of the businesses , is a promise made by Nicolas Sarkozy, on August 30th, at the time of its speech at the university of the Medef.

The Minister of Justice, Rachida Dati set up the Work group on the de-penalization of the Droit of the businesses, on Thursday, October 4, 2007.

For Rachida Dati, “an excessive penal risk (...) obstacle the economic activity”. “It is a brake with its development. It is a risk diffuse and difficult to encircle, which paralyzes the economic initiative, with the place simply to frame it to avoid the drifts”.

Rachida Dati waits of this work group “to pose the limits”, and to be “free and inventive”

Work group

The work group is composed of a score of lawyers, magistrates, professors and managers of undertaking. It is chaired by Jean-Marie Coulon, former president of the Court of Appeal of Paris.

The laid down objective is to think of modifications of the right to prevent that a penal sanction does not come to be added to that of another jurisdiction (the Council of competition, conciliation boards or the bankruptcy court).

Anecdote

The day of the installation of the work group, the Affaire EADS makes the headlines of the newspapers.

Sets of themes

The topics which could be impacted are:
  • sorrows of fines which punish the crossing of threshold without declaration in the acquisitions of a holding, according to Rachida Dati,
  • the increase of contributions in kind in a SA or a limited liability company,
  • terms of limitation of ABS,

The topics which could not be impacted are:

The topics which one does not know if they could be impacted are:

Criticisms

For the French Communist party, the majority would like “to offer a license to cheat with employers” by creating a “true invitation to be cheated in all impunity”.

References

http://www.lemonde.fr/web/article/0,1-0@2-823448,36-963124@51-963184,0.html

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