Expertises judiciaires et conflits d'intérêt

The concept of conflict of interest was emerging in France since the 1990s. It is becoming more and more important and it could interfere in a lot of areas. Following numerous business media, which questioned the independence of scientific, measures undertaken by companies or by the government, and from a tendency of the Company to requiring greater transparency in all processes, its greatest risk is the loosing of public confidence. Introduced in France by the Law of 4 March 2002, this matter is debating in the various fields. Its definition remains subjective, despite a set of common criteria to many organizations or institutions, which are: intensity of the conflict, the notion of time, personal interests conflict… The field of expertise including legal's report is not excluded from this topic. We are going to discuss, in the light of various rulings, the way of restricting these conflicts. To minimize its negative impact, legal expert could testify its independence.