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Dr hab. Michał Mariański
ORCID: 0000-0001-6212-914X

Habilitated doctor of legal sciences, legal advisor, assistant professor at Department of Financial Law and Tax Law of the University of Warmia and Mazury in Olsztyn; visiting Professor at Masaryk University in Brno (Czech Republic); graduated at Faculté de droit — Université d'Auvergne Clermonf-Ferrand (France); member of Polish Section of the Association of Friends of French Legal Culture Henri Capitant (Association Henri Capitant des Amis de la Culture Juridique Française). He specializes in the law of financial market, international private law and comparative law with a specialization in French law.

 
DOI: 10.33226/0137-5490.2023.11.2
JEL: K22, K29

The institutional aspect of the organization of supervision over the financial market, in the era of globalization of the world economy and the challenges that arise with technological progress, is today one of the key elements of the financial security of every country. Thus, the purpose of this article will be to analyse a rather specific, because not fully centralized, system of supervision over the financial market in France, with particular emphasis on the so-called consultative institutions regulated by the Monetary and Financial Code. The above will allow for a better understanding of the two-pillar supervision model, under which the main supervisory authority, i.e. the Autorité des marchés financiers (AMF), is supplemented not only by the auxiliary body in the form of the Autorité de contrôle prudentiel et de résolution (ACPR), but also by a number of consulting institutions. The above aspect, which has not been previously the subject of in-depth analyses, will also allow for reflection on the verification of the thesis on the potential implementation of some French models to the model of financial market supervision in Poland.

Keywords: French law; financial market; supervision
DOI: 10.33226/0137-5490.2022.11.4
JEL: K22, K29

The issue and specificity of a group of companies in French law was shaped on the basis of the judgment in the Rozenblum case of 1985. In this paper the author not only translates the most important original content of the judgment, but also analyzes it (also in historical way) from the perspective of the specificity of the French legal system. This specificity of the entire legal system, expressed in a rather original way of editing the codes or the extremely important role of jurisprudence, may explain the difficulties in direct implementation of the described concept of a group of companies under other legal orders. Thus, the aim of this article is not only to analyze and comment on the original wording of the above-cited judgment, but also to analyze the previously un-cited part of the French doctrine, which presents the judgment in question in a new French-language perspective that has not yet been the subject of in-depth analyzes. The above will also allow for the verification of the thesis about difficulties in direct implementation of the above-mentioned concepts in other legal orders due to the specificity of the French legal system, very strongly influenced by the role of practice and jurisprudence in the law-making process.

Keywords: French law; group of companies; Rozenblum