Contribution à l’analyse critique de la norme de contrôle. : Le cas des risques opérationnels dans le secteur financier : de la normativité à l’effectivité

摘要

The aim of this thesis is to bring to light the way the Risk management mobilizes the stakeholders of organizations to create and lead a culture of the operational risk.Our research approach is the methodological triangulation, combining two action-research case studies, arising within a banking institution and within an insurance company, as well as semi-directive interviews and an analysis of contents on a set of internal documents in each of the studied cases. The research results state the necessity of translating the standards of prudential control in the organization and of structuring the numerous controls to implement an effective risk mastering policy.The recent statutory evolutions in the banking and insurance sectors (Basel 2 and Basel 2.5, Basel 3, Solvency II) tend to strengthen systems of internal control and Risk Management as well as the communication of information over these devices for a better control of the risks. So, the regulation CRBF 97-02 speaks about operational risk systems, the directive to come Solvency II evokes in its pillar 2 the necessity of developing an internal control and a Risk Management turned to the consideration of the organizational risks.However these efforts do not prevent the emergence and the mediatization of financial scandals the scale of which is as high as the financial handled amounts. So, numerous financial institutions are affected by the operational risk. This risk is before any an organizational risk, a contingent of the human factor and taking multiple forms (the Basel categories of the operational risk).There are numerous examples of extremes operational risks: the cases of JP Morgan, UBS, Société Générale, Barclays, Goldman Sachs give evidence of it. However, the operational risk is not only the fact of corporate and investment banking and is not only an extreme risk by its consequences and in low probability. It also concerns retail banks and insurance companies and is most of the time a risk of frequency and low impact (frauds in payment activities, and fraud in life and non-life the insurance for instance). The prudential regulation include a set of standards tending to incite financial institutions to take into account better this category still emergent and badly known by risk (markets risks or credits risks have being the object of more studies).We describe the influence of these normative evolutions on the internal devices of the operational risk (Operational Risk Management, Internal Control) and we question the sense given by establishments to the information onto the control of the risks, more particularly as regards the effectiveness of these devices. To avoid an informative overload regarding control, it becomes essential to place this prudent regulation in perspective of structuring of the controls and the translation / understanding of the risk control standards.