in a baroque classification in 44th position

The major economic crisis that we face and analysis of its causes open space to properly evaluate the comparative value of the great families of the right. This assessment will, in my view, understanding the comparative benefits of continental law anglo-saxon law and him restore a driving force. The time is crucial to define a strategy to influence law and its French practitioners in international judicial space.

Continental law, I am convinced is future, provided that the defend, promote and illustrate. The economic mondialisation accompanied also attempted legal globalization or, more accurately, homogenization where anglo-saxon law intended well claim to cultural hegemony, both concerning economic and financial elites that message elites. Thus, we had ripped a real offensive who, wanting to implement competition legal systems, had no words to stigmatise our continental law to demonstrate the absolute superiority of the anglo-saxon model.

Never the period do better loaned to a such questioning of false evidence leveled with some oversimplification by instances of governance globalized as in a report entitled "Doing Business", which purported to place the France, in a baroque classification in 44th position, between the Jamaica and Kiribati! In the attractiveness of the law, the France saw so grossly disqualified; the "French Civil Law" component in some way an obstacle to development.

The Doing Business report thus strives to demonstrate each year that the civil law tradition countries impose more delays, costs and complexity for the life of the business tradition of Common Law countries. In dealing with the legal standard by a grid of economic reading based on the research of efficiency, it usefully paves the way for a speech which evaluates the impact of the legal rules on the organisation and the immediate economic performance.

In such a perspective, leads quite quickly to reduce all of the legal phenomena and economic factors, therefore to obscure any form of autonomy of the law, or any form of political autonomy. The legal standard therefore is more considered instrumental way, as a tool mobilized in the service of objectives defined in economic terms. Thus, financial markets law, corporate law and banking regulations are analyzed as determinants in the development of efficient capital markets.

This assessment indicates that Common Law systems marked by a low codification of law and an important contribution of the courts in the production of the law would be best vectors of economic growth that civil law systems, themselves characterised by an original legislative and regulatory law and a second place granted to the courts. Is here promoted a decentralized judicial law (law of Common Law) compatible with the design of the spontaneous order of the market which would provide more individual freedoms and more limits to the Government that the Rationalist law and Napoleonic designs from constructivist. Thus, Common Law countries would grant the judiciary greater independence than the civil law countries, which would allow for their State more latitude to interfere with the property and contractual rights in Common Law regime.

The period that opens is conducive to a life-saving burst, if believing in ourselves and we work to reclaim notre legitimacy, but also to convince that our legal system has its own comparative advantages. The State made its return, the French social model shines with a new chip, including in the columns of an Anglo-Saxon press previously very Orthodox and often quick to mock our bigotry. It is true that the return to the rule, set out over the international summits since the occurrence of the crisis, contributed to discredit an ideological stance that led to consider the law as a kind of unbearable rigidity. Thus, this year, for the first time a large multidisciplinary delegation of French and German lawyers came presenting a selection of legal tools in continental law in partnership with this same World Bank, at a symposium entitled "Continental law and the Global Financial crisis-Contributions toward a better regulation". Were thus presented the strengths of land registration, techniques of reducing risk in the mortgage market, or those of better management of the foreclosures.

The Common Law is clearly not an impassable horizon, as many States do not anthropologically feel comfortable with this model and are conversely more in phase with the continental law. Many aspects of notre law are likely to meet dropped aspiration of States taking their place in this world that is both that of the après-chute of the wall and the post-crisis.

I think finally the influence that must properly exercise the France training of magistrates. The Ecole nationale de la magistrature is often a source of inspiration for countries wishing to modernize the training of their judges. Let us not fear competition when it is not unfair, if defining a strategy to influence international requires the role of the State. Do assert and growing concern for excellence in French and continental law, develop the circuits of this influence.

This battle is a new news must be won.