Dissertations / Theses on the topic 'Administrative judge's office'
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Wernert, Guillain. "Recherches sur l'office de juge-administrateur de l'environnement industriel." Thesis, université Paris-Saclay, 2020. http://www.theses.fr/2020UPASH009.
Full textThe particularity of litigation concerning individual policing measures in the industrial environment is that the administrative judge has an office of judge-administrator. We group together under the name of "industrial environment police" several special administrative policing, created on the model of classified installations for the protection of the environment, and operating according to the same logic. In addition to the policing of classified installations, the policing of the industrial environment brings together the policing of installations, structures, works and activities (Iota) subject to the water law, the policing of basic nuclear installations, the policing of environmental authorization and, with reservations, the policing of transport pipelines and that of infrastructure works for the transport of hazardous materials. Thanks to the office of judge-administrator, the judge can use all the jurisdictional powers, and in particular the larger ones, in litigation concerning industrial environment policing measures. Thus, where applicable, after having deemed the contested policing measure to be irregular, the judge may, when he considers it necessary to settle the dispute submitted to him, go so far as to transform himself into a judge-administrator. He then substitutes for the assessment of the administrative authority his own assessment and does the work of active administration, that is to say he takes a decision that will directly restore the legality flouted by the contested policing measure. This research intends to deepen this office of judge-administrator of the industrial environment, which the doctrine has always presented as being a particularity within administrative litigation. It will reflect on the place of this office within administrative litigation, in particular to find out whether it is still possible to consider that it is a special office of the administrative judge. It will also seek to know whether it is still justified for the judge to have such an office in this matter
Leroux-Campello, Marie. "Les sanctions en droit de la consommation." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020079.
Full textMultiple sanctions respond to violations of consumer law. These sanctions are perceived as essential tools for the respect of this right. However, their proliferation and their derogatory nature from ordinary law are frequently denounced. Over-criminalisation, primacy over bad faith on the part of consumers, automaticity, intrusion by the judge into the contractual sphere, would achieve their legitimacy. The instrumentalization of sanctions would lead to their confusion and general distortion. The criminalisation of civil sanctions and the trivialisation of criminal sanctions are particularly criticised. But is this double movement systematic ? This work aims to provide a more nuanced response. Abstracting from the protection offered to consumers requires certain adjustments. Understanding the essence of sanctions then becomes necessary in order to identify those that participate in a misuse. Some sanctions will thus be rehabilitated. Others, on the other hand, will be condemned. After having measured the misuse of consumer law sanctions, it was essential to put them in order. Many proposals were then formulated, so that the effectiveness of consumer law could be better ensured
Pros-Phalippon, Chloé. "Le juge administratif et les revirements de jurisprudence." Thesis, Saint-Etienne, 2014. http://www.theses.fr/2014STETT112.
Full textBorn out of the tension between legal certainty and the need for case law to evolve and adapt is the reversal of precedent. For a long time, the administrative judge only examined it in light of the problem at issue, on a case-by-case basis, without any clear methodology.But times have changed. Since the beginning of the years 2000, we have witnessed a new development, tied to the growing importance of the principle of legal security — with a series of new decisions which would eventually change the law. The administrative judge progressively abandoned his case-by-case analysis in favour of a toolbox based on an overall approach. This methodology has all the characteristics of a judicial policy (“politique jurisprudentielle”), meaning it reflects a choice, fulfills a need, and seeks to bring more coherence. The administrative judge chooses to assume his capacity to create law, while taking responsibility for departing from stare decisis. Because such a departure undermines legal certainty, he nevertheless acknowledges the need for the retroactive effects of his decisions to be adapted. Judicial policy is symptomatic of how the administrative judge understands his role. Not only can he create law, but, by limiting what happens when overturning a precedent, the administrative judge also shows his capacity to control its effects. It is important, however, not to overestimate its impact. For this judicial policy has not led to a higher rate of reversals of precedent. In practice, little has changed. On a symbolic level, however, how this judge sees his function vis-a-vis the Conseil constitutionnel and EU law has changed a lot
Lebrun, Geoffroy. "Office du juge administratif et questions préjudicielles : recherche sur la situation de juge a quo." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0261.
Full textPreliminary issues challenge the role of the administrative law judge who formulates them.They are regarded as being accessory to the principle case at bar. They may even be perceived assecondary issues. This study of administrative litigation, based on a systematic analysis ofadministrative case law, aims to establish the opposite. Preliminary issues are characterized by theirdiversity as well as by their influence on the lawsuit, however, they are often perceived as useless andcumbersome procedural complications aiming to delay the resolution of the dispute. This study aimsto explicit the process by which the administrative law judge builds a preliminary issue and what is thelegal foundation of such an issue. From this angle, albeit the fact that the parties to the main disputeplay an essential role, it is the judge, who mainly retains the power to formulate the preliminary issue.This analysis challenges the traditional portrayal of preliminary issues as paralyzing the judicial“office”. To the contrary, far from immobilizing the “office of the judge”, an in depth study of positivelaw reveals the extensive powers that the judge a quo possesses with regards to the case at bar.Finally, the reception by the judge a quo of the preliminary ruling corresponds to a sharing of juridicalsovereignty implying the passing of a juridical act emanating from a process of co-decision. Thisstudy aims to shed light on the functioning and the complexity of a mechanism rarely examined fromthis angle. This study equally allows for an exploration of the main legal issues relating to the judicialfunction and the “Office” of the administrative law judge when placed in the situation of judge a quo
Akoun, Emilie. "Les moyens d'ordre public en contentieux administratif." Thesis, Grenoble, 2013. http://www.theses.fr/2013GREND012.
Full textL'auteur n'a pas fourni de résumé en anglais
Leclerc, Caroline. "Le renouvellement de l'office du juge administratif français." Thesis, Dijon, 2012. http://www.theses.fr/2012DIJOD005.
Full textThe study of the evolution of the methods used by the French administrative judge is necessarily connected to the new priorities that were chosen regarding the carrying out of his functions. « Pass judgment and resolve disputes » remains the foremost mission of the administrative judge. Some of the aspects of his powers and duties have nevertheless grown in importance as part of a policy of strengthening his legitimacy.. Indeed , administrative courts increasingly take into account the persons subject to trial and they have focused the revitalization of the jurisdiction on the protection of fundamental rights, a favoured field for the dialogue of judges. Those strong orientations led to a deep reform of their techniques and methods of judgment. The French administrative judge is now fully in accordance with the requirements of administrative actions and the issues at stake. Whether it concerns reviews of legality or their outcome, those interventions are obviously efficient. Thanks to the powers he now detains, the French administrative judge brings an adequate response to the needs of modern justice and has once again taken up the tough challenge of self-reforming his functions
Charité, Maxime. "Excès de pouvoir législatif et excès de pouvoir administratif : Etude comparée de l'office des juges constitutionnel et administratif français." Thesis, Orléans, 2019. http://www.theses.fr/2019ORLE0001.
Full textIn France, general norms litigation is nowadays divided into two main groups, the actions for abuse of power directed against the normative acts and the control of constitutionality of the laws. Sharing a certain number of similarities, they are analyzed not only as "objective litigation", but also as "cancellation litigation". Thus, in order to fulfill their role, French constitutional and administrative judges must both, first, establish a norm-to-norm report and, if necessary, cancel the general legal act contrary to a superior legal norm. These similarities contrast with the different conditions in which the two judges of the Palais-Royal are called to judge. This permanent tension between the similarities they share and the different conditions in which they are called to judge makes the relationships between the role of the Constitutional Council and that of the abuse of power’s judge oscillate between unity and duality. Precisely, the present comparative study, named "Abuse of legislative power and abuse of administrative power" after the study of Dean Vedel in the first numbers of Constitutional Council Review, aims to demonstrate that, as the stages of litigation progress, the approach of the Constitutional Council and that of the administrative judge get closer to the point of identifying. The inscription of this comparison in the framework of a theory of legal constraints allows us to show that if, in the search for abuse of power, the role of French constitutional and administrative judges is dominated by duality, it is, in the sanction of abuse of power, marked by a deep unity
Baillargeon, Johan. "La question prioritaire de constitutionnalité et le juge administratif." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1043.
Full textThe priority preliminary ruling on the issue of constitutionality is a real "revolution" in domestic law, both in terms of the institutions of the French legal system and at the level of constitutional protection of fundamental rights of citizens. This innovative mechanism, now allowing the Constitutional Council to reviewa posteriori the constitutionality of laws, however, can not function without the help of the ordinary courtswhich are now elevated as judges of the constitutional filter. Taking the party to organize such a procedure, the constituents and the legislator officially invited the administrative courts to participate in the review of the constitutionality of laws. Beyond this observation, which the thesis illustrates concretely, the entry in force of this new remedy has led to a modernization of the law both at the institutional and the jurisdictional levels.This is the immediate consequence of the process of constitutionalisation of the various branches of the law which the daily use of the priority question of constitutionality exponentially increases. The contentious rules before administrative courts, which are renewed under the influence of the new constitutional case law affecting simultaneously the powers of the administrative courts and more generally the exercise of administrative justice, shows the administrative courts are not only the participants of the process but also its subject matter
Lepoutre, Naïke. "Le dialogue entre le juge administratif français et la Cour de justice de l'Union européenne par le mécanisme du renvoi préjudiciel." Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20019.
Full textThe difficulties to establish a dialogue between judges are well illustrated by french administrative judge’s attitude with respect to the Court of Justice of European Union and regarding the preliminary ruling proceedings. Indeed, french administrative judges have clearly considered that they could assert their autonomy through the use of the acte clair doctrine and the rule of precedent (stare decisis) to prevent the preleminary ruling. The excessive use of both procedural approaches has been the source of numerous problems, notably for the authority and effects of preliminary ruling decisions. For its part, the Court also took positions either radically opposite to that of the national judges, or that at least were not in favour of a putative dialogue. Indeed, the Court has clearly wished to assert its authority over the national judges by an extensive use of the competences European Treaties awarded to it. This context has fortunately started to resolve itself through a reciprocal acceptance of competences and prerogatives by the concerned authorities in the dialogue. This emerging dialogue must be reinforced and promoted via routine exchanges and novel techniques. Both jurisdictions will have to steer in harmony in this direction of the european legal pluralism
Constant, Anne-Laure. "Les voies de recours spéciales en contentieux administratif français." Thesis, Rennes 1, 2016. http://www.theses.fr/2016REN1G020.
Full textIn France, all defendants have several remedies to contest an administrative judge's decision. If appeal and cassation complaints are the best known and the most used, there are six other remedies which can be qualified as « special » as they demonstrate a specific failure of the judicial function. Unlike common remedies which are a general criticism of the judgment, each special remedy relates to a particular error of the judge. Thefore, a defendant who applies one of these remedies is challenging not the whole judgment but its specific aspect, whether form or substance. However, by applying one of these remedies, the defendant is targeting the modification or revocation of the judgment.Frequently presented as a list of unusual remedies, the research shows that they actually follow a general pattern that allows one to consider them as a legal category of their own. Complementary to appeal and cassation complaints, this group system serves to highlight the existence of a general theory of remedies in French administrative law
Manenti, Olivier. "Le marché en droit des marchés publics : enjeux théoriques et perspectives analytiques." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1000.
Full textThis research deals with how the French and the European public procurement laws integrate the economic analysis of contract. The theoretical approach is based on Law taken under the network theory. In a first point, the public contract is taken under the relation between the general definition of contract and the economic notion of exchange. The second point deals with the new public management theories and the public procurement contracts. In this point, It is examined how the choice of buying influences the organization of public agencies. The third and the fourth points deal with consequences of taking the public procurement contract as an economic action. It is discussed the relation between the public procurement law and the competition law; especially how the public procurement law is, in itself, a specialized competition law. This new evolution offers to French administrative judge, taken as the judge of all the administrative contracts, a way to become an economic judge
Ka, Ibrahima. "Le juge face aux principes directeurs du procès civil." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1073.
Full textCivil trial is the traditional framework where justice of individuals is usually delivered, and the rules which govern it are synthesized in the first 24 articles of the code of civil procedure which set out the guiding principles. The latter organize the sharing of procedural responsibilities between the different actors of the lawsuit, and determine the main part of the office of the judge built around the contentious model of the civil proceedings, cut for the ruling on the judges of the affairs. This model undergoes legal mitigations, mainly for reasons of equity or diligence, even though the case which is submitted to the judge is a matter of the contentious material. In the submission for an out-of-court settlement and that of the appeal to the supreme court, it is the nature of the mission entrusted to the judge who sometimes justifies the mitigations brought to these guiding principles, and sometimes even their disappearance. The action of the judge towards these principles also goes to the direction of their adaptation to evolutions so legal as Socio-Economic. It is essentially translated on the one hand, by a research for effectiveness of these principles which the judge does not hesitate to connect with superior standards, and on the other hand, by a research for their efficiency by means of the technique of interpretation. If in the first case the internationalization and constitutionnalisation explain such an action, the second case raises itself the question of the legitimacy of such an approach. Today’s judge is also a manager, especially in an increasing context of justice request and rarefaction of the resources assigned to the judicial administration
Ghandour, Bertille. "Le traitement judiciaire des entreprises en difficulté." Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20025.
Full textTraditionally, insolvency law appeals to the judicial authority to apply its provisions and to carry out its aims. However, regarding the evolution of this law, the exclusive judicial treatment of the difficulties is challenged. Indeed, it is no longer only to punish but more to prevent difficulties and safeguard businesses, which distorts the judicial office of the judge. In addition, traders are not the only ones affected by this law, leading to the outbreak of jurisdiction. Subsequently, there is a need to consider other modes of treatment. Taking into account the existence of an administrative process, known by over-indebtedness, but also by businesses, and promoting alternative dispute resolution of difficulties, another path can be proposed for the management of the economic impossibility of performance. The legitimacy of the judge, whose interventions would be refocused and skills specialised, would be strengthened in relation to the treatment of undertakings facing difficulties
Sebe, François. "Essai sur l'effectivité du droit de la représentation collective dans l'entreprise." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020064/document.
Full textThe issue of sanctions is critical when is opened the debate on the effectiveness of employee representation rules in the company. Aiming at protecting the core values of society, criminal law should be reserved for infringements of the prerogatives of employee representation bodies which are fundamental. For the rest, there are sanctions , administrative or civil, more effective. Still, the only restriction of the criminal field is not sufficient to guarantee the effectiveness of employee representation rules. Some substantial and “organizational” answers relating in particular to the definition of a major criminal policy, the revision of the division of responsibilities in the company and the search for renewed criminal sanctions seem necessary. Beyond the repressive way, others deserve to be explored. The application of employee representation rules must be guaranteed by tools rather preventive than repressive and without any involvement of any judicial authority. The extra-criminal policy leaves a large place to the preventive function of labor inspection which should help companies by using new methods of support and assessment. The definition of a corporate social policy, through the conclusion of a single agreement on staff representation, is legally adequate to ensure the effectiveness of the rule by taking into account the specificities of each company
Il, Léa. "La liaison du contentieux." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020094.
Full textIf expression link of contentious is commonly used in administrative case law, in manuals and books of administrative contentious, it is to be confused with the rule of administrative decision. But the link of contentious is vaster than this last, it returns in a different reality which remains to discover. The practical study of link of contentious reveals that it is in interest of litigants and that itis the working instrument of the judge because without it, litigation cannot be settled out of court. And as litigation is before the affair of litigants, it is them who will have to link contentious. The judge, addressee of the link of contentious, is going to play a part of link of contentious’srealization while he resided outside this one initially. The juridical analysis of the link of contentious shows that it exercises in the same time a strong hold, at all the law suit, over the litigation which it delimits. In effect, the contentious, which linked in front of the first investigation magistrates, is crystallized after the expiry of the deadline of submission for a legal settlement before being completely irremovable at the close of investigation of the case. Litigation, such as it was linked, is possibly “transferred” in other proceedings to be re-judged. The link of contentious continues then in front of the judge of appeal and cassation but while ensuring to the litigation his uniqueness
Pretorius, Alta. "Assessore : 'n penologiese oorsig." Diss., 1998. http://hdl.handle.net/10500/15814.
Full textDie penologiese perspektief rakende die ontwikkeling/ doel en funksionering van leke-assessore is die onderwerp van hierdie verhandeling. Leke-deelname in die regsplegingstelsel kan terug gevoer word na 1657. Deur die latere oorname van Engelse regsbeginsels1 word die juriestelsel in die Suid-Afrikaanse reg geinkorporeer. Na die afskaffing van die juriestelsel in 1969 berus die beantwoording van sowel feite- as regsvrae slegs by die voorsittende beampte. Hierdie situasie is as onaan vaarbaar beskou en grater leke-deelname word bepleit. Dit is egter eers in 1991 dat die aanwending van leke-assessore in die Suid-Afrikaanse regstelsel 'n realiteit word. Een van die voorvereistes vir die aanstel van assessore is dat die aanstelling dienstig vir die regspleging moet wees. Die vraag waarmee penoloe en juriste worstel, is of die aanwending van assessore tans wel bevorderlik vir gesonde regspleging is. Uit empiriese navorsing het dit geblyk nie die geval te wees nie. Derhalwe word 'n opleidingsprogram vir assessore voorgestel
The subject of perspective on tioning of lay justice. this dissertation is a penological the development/ purpose and tunc assessors in the administration of The use of lay assessors can be traced back as far as 1657. As a result of the adoption of the British law principles/ the jury system was incorporated in South African law. After the abolition of the jury in 1969/ the answering of factual and judicial questions resides in the presiding officer. This situation was unacceptable and lay participation was advocated. The use of lay assessors became a reality in 1991. The prerequisite for the appointment of an assessor is that it should be expedient for the administration of justice. But are the use of lay assessors beneficial at this stage? From the empirical research it is evident that it is not beneficial at all and therefore the researcher recommends a training programme for lay assessors.
Penology
M.A. (Penologie)