Responsibility and Security

The component "Responsibility and security" is based on four themes of research : professional responsibility, civil liability and insurance, criminal politics and security and responsibility, freedom and security in the cyberspace.

Responsibility and Security
  1. Professional Responsibility
  2. Civil Liability and Insurance
  3. Criminal Politics and Security
  4. Responsibility, Freedom and Security in the cyberspace

Professional Responsibility

This research group focuses on the interactions of the component with the economic and social environment, which can be favoured through civil responsibilities of experts in law (solicitors, lawyers…), in real estate and building, in health… Different vector research is used such as:

  • collective chronicles in high quality reviews,
  • joint events with practitioners,
  • project submissions,  
  • and the reception of foreign researchers.

Civil Liability and Insurance

This element is different from the previous one because it is based on the phenomenon of risks socialisation caused by the responsibility commitment and covered by the private and public insurance (guarantee funds…). This research is favouring a dimension of comparative law through events, bilateral exchanges, and an active involvement in research groups such as GRERCA (European Research Group on Responsibility and Insurance), of which IODE is one of the founders.

Criminal Politics and Security

Relations between criminal law and other legal disciplines are redefining through the definition of "sentence", and criminal matters have the tendency to include all sections of other fields.
The repressive sector generalisation in other disciplines submits the criminal law to a legislative inflation and a case law tension. Furthermore, new forms of crime are raising the question of the international cooperation, the introduction of the European Union law and the strengthening of the European Convention on Human Rights within the criminal law – for long time closely linked to the national sovereignty concept. All these factors develop new links among responsibility, security and freedom and enhance teachers-researchers and experts points of view (judges, lawyers and police officers).

Criminal politics use the declaratory value of the penal law, which leads to a rapid evolution of rules, scarcely compatible with the principle of legality in criminal proceedings and its requirements of predictability and clarity. This context, based on the joint development of factors linked to the constitutionalisation of the precautionary principle and the generalisation of neutral mechanisms in civil liability. Moreover, the application of procedures and administrative penalties, leads criminal politics to a constant adaptation. That is why it is important to estimate the situation according to the concepts of responsibility, security, and freedom.
 

Responsibility, Freedom and Security in the cyberspace

Research on legal and social problems must be developed in interaction with the sociological and IT approaches linked to the cybersecurity. In particular, research focuses on the processes of decision anticipation, influence operations and confidence problems in the cyberspace (securing data, consent for personal data, activities and properties insurance).
The aim consists in thinking about arrangements allowing overtaking the opposition between freedom and security, in order to reach a well-balanced development of both principles in the digital space. This balance leads to the reflection about the digital technology operator’s role and responsibility, and the creation of confidence-building measures.