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The Compliance Function as Embedder of the Law-on-the-books and as Enforcement-Frontliner

  • Antonio Marcacci
Chapter

Abstract

This chapter concerns the Compliance Function and its activity as law-embedder and internal enforcer. The aim is to give the reader an account of how the “law-in-action within a firm” unfolds (in addition to the examples Chap.  3 provides). Since its establishment, the Function has been gaining importance vis-à-vis the traditional Legal department, which is a mark of the public-law nature of EU law. Importantly, when the EU investor protection law is viewed through the lens of a European investment firm, its degree of self-sufficiency looks far less incomplete than the vision gained from the formal comparison with the United States. The EU-produced norms, indeed, automatically become compliance requirements that regulated entities must fulfill under the rule-embedding and monitoring of the Compliance Function.

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Copyright information

© The Author(s) 2018

Authors and Affiliations

  • Antonio Marcacci
    • 1
  1. 1.European University Institute Alumnus - Compliance Professional at a Global Systemically Important BankMilanItaly

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