In its judgment pronounced today, the Second Senate of the Federal Constitutional Court granted several constitutional complaints directed against the Public Sector Purchase Programme (PSPP) of the European Central Bank (ECB). The Court found that the Federal Government and the German Bundestag violated the complainants’ rights under Art. 38(1) first sentence in conjunction with Art. 20(1) and (2), and Art. 79(3) of the Basic Law (Grundgesetz – GG) by failing to take steps challenging that the ECB, in its decisions on the adoption and implementation of the PSPP, neither assessed nor substantiated that the measures provided for in these decisions satisfy the principle of proportionality. In its Judgment of 11 December 2018, the Court of Justice of the European Union (CJEU) has taken a different stance in response to the request for a preliminary ruling from the Federal Constitutional Court; however, this does not merit a different conclusion in the present proceedings. The review undertaken by the CJEU with regard to whether the ECB’s decisions on the PSPP satisfy the principle of proportionality is not comprehensible; to this extent, the judgment was thus rendered ultra vires. As regards the complainants’ challenge that the PSPP effectively circumvents Art. 123 TFEU, the Federal Constitutional Court did not find a violation of the prohibition of monetary financing of Member State budgets. The decision published today does not concern any financial assistance measures taken by the European Union or the ECB in the context of the current coronavirus crisis.  Continue reading…

by Muel Kaptein

Since the corona crisis, the agenda of compliance officers has changed considerably. But what will the agenda of compliance officers look like when the (semi) lockdown is phased out and organizations start working on their recovery? The recovery phase brings all kinds of new issues and work with it for the compliance function. Below I briefly describe eleven new items for the compliance agenda after the lockdown. Are there items that you think are not addressed in this list or ones that you see differently? In random order, I see the following eleven new items for the compliance agenda.
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by Muel Kaptein

In times of crisis, we have high expectations of our business leaders. We want our business leaders to take their responsibility, make decisions and resolve dilemmas. At such times, the main quality business leaders must possess is a willingness to get their hands dirty, because they will be asked to make decisions that will harm people, no matter what they decide. Experts have listed in the media many qualities business leaders should display in these times of crisis. Now more than ever, business leaders must have faith in their employees who are working from home, show empathy and be humble, focused and self-confident. Other experts tell us that business leaders should now be purpose driven, accountable and long-term oriented. It is true that all these qualities are relevant, but they would seem to suggest that being a leader in these times mainly requires one to focus on slightly different things than usual. After all, aren’t all the aforementioned qualities vital in normal times, too? If we wish to steer our business leaders in the right direction, we must do justice to the situation in which they currently find themselves, i.e. a crisis.
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It is now about ten years ago that Greece received a loan of 110 billion euros from the European countries (with the exception of Slovakia) and the IMF. Europe signed for EUR 80 billion and the IMF for EUR 30 billion, but under strict conditions. All this was due to the enormous anger in 2009 when it appeared that the Greek government, in particular the Ministry of Finance, had systematically published far too rosy figures for the budget deficit. The situation has improved in 2020, and the Greek government can once again operate independently on the capital market, but the ordinary Greek is still experiencing the consequences of the interventions of the imposed measures. The question nowadays, of course, is how the consequences of the current corona crisis relate to the agreements made. Read, therefore, the interview with Isabel Schnabel, Board Member of the ECB. The interview was conducted by Mr Angelos Athanaspoulos and appeared in the Greek daily newspaper, To Vima on April 4.

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by Massimo Balducci

Personally I’m persuaded that compliance approach could teach us something on how to face the COVID-19 crisis. To prove my point I will first of all remind us briefly of the basics of compliance approach. Roughly speaking I daresay that compliance refers to a mechanism of supervision to be used while working in a process oriented way, or, if you wish, in a re-engineered organisation. What implies working in a re-engineered organisation? Whoever is involved in an organised production is called upon all the time to find an answer to the following question: “what am I supposed to do now?” Nobel prize winner H.A. Simon thought that anyone called upon to make such a decision is supported by some mechanisms able to reduce her/his decision making complexity.  Continue reading…

by Geert Vermeulen

Often ethics & compliance officers only end up in the news when things have gone wrong. Many people don’t realise that ethics & compliance officers also prevent numerous crimes and unethical practices, sometimes at the risk of being fired or by risking our health or even our lives. Usually you don’t hear about these cases. I think that we should be more proud of our profession and inform a broader audience what we do to reduce risk and stimulate better business. The final part in this series of “WOW Moments in Compliance,” will be about the World Economic Forum in Davos. The first two parts covered due diligence in the aviation industry and due diligence in the energy industry. The third part was about change of strategy and the fourth part was about ‘those wonderful Greeks.’  Continue reading…

by Geert Vermeulen

Often ethics & compliance officers only end up in the news when things have gone wrong. Many people don’t realise that ethics & compliance officers also prevent numerous crimes and unethical practices, sometimes at the risk of being fired or by risking our health or even our lives. Usually you don’t hear about these cases. Therefore, I decided to share a couple WOW moments in compliance. The first article in this series of ‘WOW Moments in Compliance’ was about a case study regarding due diligence in the aviation industry while the second article was on due diligence in the energy industry. The third part, which was published last week was on change of strategy and now this fourth article is on ‘these wonderful Greeks’. Continue reading…

by Geert Vermeulen

Often ethics & compliance officers only end up in the news when things have gone wrong. Many people don’t realise that ethics & compliance officers also prevent numerous crimes and unethical practices, sometimes at the risk of being fired or by risking our health or even our lives. Usually you don’t hear about these cases. Therefore, I decided to share a couple WOW moments in compliance.  The first part of this series of articles was about due diligence in the aviation industry and the second part that was published last week discussed due diligence in the energy industry. The third section will seek to discuss change of strategy.  Continue reading…

by Geert Vermeulen

Often ethics & compliance officers only end up in the news when things have gone wrong. Many people don’t realise that ethics & compliance officers also prevent numerous crimes and unethical practices, sometimes at the risk of being fired or by risking our health or even our lives. Usually you don’t hear about these cases. Therefore, I decided to share a couple WOW moments in compliance.The first part of the article that has been published last week discussed the case study of due diligence in the aviation industry. Now, in this second part, another example will be discussed, which is that of due diligence in the energy industry. Continue reading…

by Geert Vermeulen

This article is the first of a series of five articles and will be published in five parts. The second part will be published next week. Often ethics & compliance officers only end up in the news when things have gone wrong. Like in the recent money laundering scandals in the banking industry. In many of these cases, it was actually the management that decided that doing business was more important than being compliant and didn’t invest sufficiently in proper compliance controls and resources. Many people don’t realise that ethics & compliance officers also prevent numerous crimes. Continue reading…