Fighting Corruption With Visiting Faculty Enrico Basile From Bocconi University

Sciences Po is a founding member of CIVICA, the European University of Social Sciences, along with 9 other partner universities in Europe. Enrico Basile, Assistant Professor of Criminal Law and White-Collar Crime at Bocconi University, was welcomed by Sciences Po's Law School as part of the CIVICA Faculty Short Visit programme.

The purpose of this visit was to enhance the connections and interactions between our two institutions, as well as to facilitate the exchange of ideas on topics of mutual interest. The coordination of the exchange was overseen by Valentina Lana, an alumna of Sciences Po and a lecturer at the Law School. In collaboration with Michel Sapin, she delivers a class on combating corruption.

Discussing cross-border corruption

During his stay in March, Basile gave an introductory lecture on the intersection of business and human rights, addressing law school students, particularly exchange students, and also the greater public. We had a stimulating conversation with the Italian Assistant Professor on the possible consequences of business activities on human rights, such as the exploitation of workers or the use of violence against trade unionists to prevent strikes. He adopted a criminal law perspective to examine the issue, specifically investigating the applicability of International Criminal Law to private organisations, such as corporations.

Our guest attended Valentina Lana and Michel Sapin's class in the evening, where they explored the concept of extraterritoriality of the law and its judicial and diplomatic implications. The students endeavoured to comprehend the practical implementation and enforcement of a comprehensive extraterritorial application of the law, as well as the potential ramifications it may entail. Enrico Basile actively participated in the debate alongside students, emphasising the unique challenges faced by law enforcement in instances of cross-border corruption. This was particularly relevant in the context of Italy's experience with alleged bribes paid by multinational corporations operating in the oil and energy sector within African nations.

Comparing Italian and French anti-corruption legislation

Michel Sapin chaired a conference organised by the Association des Juristes de Sciences Po. The session was initiated by a student, Enrico Basile and Valentina Lana conducted a comparative analysis of the anti-corruption legislative frameworks in Italy and France, respectively. Italy possesses a comprehensive regulatory structure that has been specifically developed to effectively deter and punish instances of corruption. The Italian policymaker has consistently placed a high priority on implementing steps to enhance anti-corruption efforts in recent years. Italian normative legislation combating corruption practices, like those in many other nations, operates at several levels, including punitive, preventative, and administrative actions.

In 2016, the Sapin II Act marked France's paradigm shift in the fight against corruption: starting from modest results in the fight against corruption highlighted by the OECD, France set an example by adopting a model based on prevention. In France, an administrative channel runs parallel to the criminal one, with audits and fines for companies that either do not have an anti-corruption programme or have adopted one that does not prove sufficiently robust and effective. France has created an obligation for companies to create a corruption-prevention programme, decorrelated from prosecution, indictment, or conviction for bribery. France has also introduced in its judicial arsenal the Convention Judiciaire d'Interet Public (CJIP), a mechanism similar to the Deferred Prosecution Agreement, in which charges against a legal person are dismissed if the legal person pays a hefty fine and agrees to respect other conditions. Basile and Lana then debated on the absence of a similar instrument within the Italian legal system, emphasising its advantages and disadvantages.

The Lafarge case: when business facilitates human rights infringements

The symposium originally planned for March, with Basile, Lana, and Astrid Mignon Colombet, a French attorney and Sciences Po lecturer, was ultimately cancelled and subsequently rescheduled to the end of April.

The subject under consideration pertains to the intersection of business and human rights, focusing on the Lafarge case. This case constitutes a paradigm of Basile's scholarly work on the intricate dynamics inherent in the relationship between business and human rights. His research seeks to provide insights into the most effective approach to address the detrimental effects that business might have on human rights.

The topic is highly pertinent in Europe due to the ongoing negotiations for the content directive on corporate sustainability due diligence. Additionally, France has already implemented a law that has served as a model for the European directive. In 2017, France took the lead by imposing an obligation on companies to prevent and mitigate human rights, environmental, and other violations.

The focus of the conference revolve around the Lafarge case, which pertains to criminal inquiries concerning a renowned French multinational corporation operating in the construction materials sector. The company Lafarge is presently subject to an inquiry in France due to claims of engaging in acts that are considered crimes against humanity. From a criminal law perspective, this analysis examines two fundamental queries: firstly, the distinctive characteristics of actus reus and mens rea in cases where misconduct occurs within the regular course of business operations, commonly referred to as "neutral acts"; secondly, the proposition of implementing a novel legal structure to tackle human rights infringements facilitated by business activities.

Lasting impressions

Enrico Basile was grateful for his stay and hopeful for future collaborations :

"I am delighted to have attended the Sciences Po Law School as part of the CIVICA Faculty Short Visit programme, which provided me with a stimulating experience. The experience has been intellectually fascinating, enhanced by interactive conversations and debates with colleagues and students. I had the opportunity to provide a presentation on my most recent study pertaining to the association between corporate wrongdoing and infringements against human rights, as well as discuss recent legislative revisions concerning the anti-corruption framework in Italy.

I was eager to also participate in the concluding session that addressed the criminal law ramifications of the Lafarge case. I thoroughly enjoyed the dynamic and engaging conversations we had pertaining to the seminar subjects. I would like to express my heartfelt gratitude to the Faculty of the Law School for graciously hosting me. I am optimistic that this collaborative effort has the potential to foster more intellectually fascinating and productive academic alliances between our respective universities."

Valentina Lana enjoyed coordinating her colleague's visit:

"I was glad that the law school asked me to coordinate and define the academic content of Enrico's visit. CIVICA, which I came to know as part of my dialogue with Enrico, is an attractive and vibrant community building on the conviction that we are stronger and become smarter when we share knowledge and put together our resources. I have met new friends and academic interlocutors in CIVICA and started conversations which – I hope – will lead to more projects.

The type of research and knowledge-sharing CIVICA promotes is active and attractive, engaging, practical. A big dream, not an easy one, therefore one worth pursuing. As we look positively at everything, even the cancellation of the 14 March event was taken with a smile, as the way wide open to extend, in a way, Enrico's visit, and to continue the dialogue.

The pinnacle of his visit was when he shared that what impressed him most was, of course, the academic quality and the content of the debates, but also, and more importantly, the warmth of the welcome extended to him. That is how – I believe – real knowledge, relevant and applicable to the issues of the time we live in, is built. With a human touch."

A first version of this article was published on CIVICA's website.

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