Dissertations / Theses on the topic 'Autorité de régulation'
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Teyssier, David. "La régulation des marchés financiers." Paris 1, 2008. http://www.theses.fr/2008PA010330.
Full textGonzalez, Laporte Christian. "La régulation des services publics en réseau : une vision organisationnelle : le cas de l'Autorité de Régulation des Télécommunications (ART) et de la Commission de Régulation de l'Energie (CRE)." Grenoble 2, 2004. http://www.theses.fr/2004GRE21017.
Full textThe main topic of this research is to analyse the genesis of the independent regulatory agencies in the French public utilities network in the two most opened sectors : telecommunications and electricity. Concretely, this means clarifying the process of the institutional design of the Telecommunications Authority (ART) and the Energy Commission (CRE). Our interest is linked to a particular point : while most of these agencies are presented as a response to European directives, those institutions vary according to country, sector and period. In the French case, many public reports show the problem of insertion of theses independent agencies in the political and administrative structures. One can ask : why do politicians and legislators choose to change the public policy of regulation that installs those kinds of regulators in both sectors at a specific moment ? This question is relevant as European directives do not force nation states to install independent regulators. Our affirmation is that the creation of the ART and the CRE is the result of an important change in the organisation of the services markets, but also, it's the result of an institutional co-construction assured basically by the principle actors and instances linked to the interests of the publics enterprises, France Télécom and EDF. Those interests are strongly driven by the international competition
Breville, Sébastien. "Autorité indépendante et gouvernement : la régulation bicéphale du marché français des télécommunications." Phd thesis, Université Panthéon-Sorbonne - Paris I, 2006. http://tel.archives-ouvertes.fr/tel-00145735.
Full textBréville, Sébastien. "Autorité indépendante et gouvernement : la régulation bicéphale du marché français des télécommunications." Paris 1, 2006. https://tel.archives-ouvertes.fr/tel-00145735.
Full textNtinoka, Vasiliki. "Le partage du contentieux de la régulation économique des autorités indépendantes." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D029.
Full textThe illogical partition of the litigation of the acts of the independent authorities in charge with the economic regulation between the ordinary courts and the Council of State displays an instrumentalisation of the requirement of a proper administration of justice, a requirement that was at first presented as the reason for such a sharing. The absence of procedural and jurisprudential unity reflects the inappropriate nature of thisdivision of powers. The principle of proper administration of justice requires taking into account the specificity and the unity of the regulatory mission entrusted by the State to these authorities and therefore unifying the litigation of their acts in favour of the Council of State
Jeon, Young. "La régulation de la communication audiovisuelle en France et en Corée du Sud." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1068.
Full textIn this convergence environment, only the « plate-forme » could be supply all of the communication formats. We wonder a question about the organization meltdown of the regulation, in the one side, the audiovisual communication and in the other side, the telecoms sector. Thus, a new institution has been created by the 29th February 2008 law n°8867 in matter of the setting and the management of the Korea Communications Commission (KCC) in place of the two preexisting regulation authorities whom run the audiovisual communication and the telecoms. In the same time, since 2007 in France, in consequence of the Senator Bruno RETAILLEAU report, the authorities took one’s stand for a possible fusion between The CSA and the ARCEP. This meltdown shall allow managing the audiovisual communication and the telecoms by the same regulation authority. However, this reform proposal is not still in the agenda, and raises new issues those even the Korean merger was not able to answer. Both the Korean system which runs with the convergence without a guarantee of the regulation independence in front of the State power, and the French system who guaranteed as possible this independence by separating the audiovisual communication regulation from the telecoms. We wonder on the appropriateness of the two systems, and which is the best performing to run the audiovisual communication regulation, to guarantee the independence of communication and the fundamental liberties which rule our democracies
Di, Prizio Mathieu. "La régulation administrative des marchés financiers : l'apport de la commission des sanctions à la mission de régulation de l'Autorité des marchés financiers." Versailles-St Quentin en Yvelines, 2013. http://www.theses.fr/2013VERS018S.
Full textA quick look at the public regulation (which is issued by the regulator) confirms that regulation is closely tied to sanction. However, the question of the contribution of the sanction to the global regulation is, theoretically, unnecessary. The sanction is the guarantor of the constraining and deterring aspects of the regulation. Even if the sanction power might look like a judge power (procedure, composition…) it does not have the key elements of a regular jurisdiction. More precisely, it does not fulfill the jurisprudential function of a court. The sanction power does not give precision nor explanation on the correct interpretation of the regulation laws. Moreover, the regulator often have other resources to achieve that goal : issuing norms (either constraining norms or advices), power of mediation, administrative police. Still, this first observation needs a second look. To this end, the French Market Authority (AMF) is a meaningful subject to study. Firstly, due to its history, its legal status and the tremendous extent of its powers, the AMF is a catalyst of all the questions related to the interaction between sanction and regulation. Secondly, the recent financial crisis has contributed to place the financial market at the heart of the reflections about regulation. The AMF and its sanction power focus both popular strain and expectation. The analysis of the decisions of the Sanction Committee of the AMF will reveal its will to go beyond its strict repressive function to enrich the regulation of financial markets in France
Nguyen, Nadège. "La régulation des marchés financiers en France et au Vietnam." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020073.
Full textThis study consists of the comparative analysis between the Autorité des Marchés Financiers and the State Securities Commission, the current regulatory authorities of the capital markets in France and Vietnam, two countries which have a common historical heritage and particular relations in many fields, even legal industry. Not only the SSC and the AMF know changes due to global economic context, but also the Vietnamese regulator had its workload considerably increased following accession for Vietnam. Being management bodies which creation was wanted by public authorities in France and in Vietnam, the Commission and the French authority ensure the saving protection and attend to the market equilibrium, by performing their supervisory powers and by using their normative capacities and developing non-constraining acts in a constant way. If their relations with others entities of the financial system vary appreciably for each one, the disparities of their respective repressive capacities decrease and go more and more in the same direction
Pozzo, di Borgo Valérie. "Droit boursier et droit des contrats dans la régulation des OPA." Nice, 2004. http://www.theses.fr/2004NICE0051.
Full textAkera, Itoua Steve. "Contribution à l'étude des institutions de régulation des médias dans les Etats d'Afrique centrale francophone : les cas du Cameroun, du Congo, du Gabon et de la République Démocratique du Congo." Thesis, Reims, 2016. http://www.theses.fr/2016REIMD002.
Full textAfter decades of monopartism, which was characterized by the influence of the media by the state and the single party, Sub-Saharan African states have chosen the path of pluralistic democracy. It followed the national sovereign conferences in the 90s. These states made the choice of the liberal regime with fundamental freedoms as its guarantees. Freedom of the press, the heart of democracy, is among the recognized freedoms.The exercise of this freedom is to be free of abuse. Thus, to prevent such an abuse, constitutional, law-level and regulatory texts created authorities responsible for the regulation of media. These authorities are part of facilitating tools for the African democracies as "singular" institutions. They are administrative and independent of the unique organic order that flows from the legislative, executive and judicial branches of power. Moreover, to make a legal research on these authorities obliges to focus essentially on practical issues, including media regulatory authorities as an alibi of power or protection of freedoms. Therefore, the thesis is intended to explore the legal grounds and facts in order to make a global critical analysis and proposals for further reforms
Drame, Bakary. "Le rapprochement des droits des marchés publics dans l'espace UEMOA : le dynamisme et l'insuffisance de la construction d'un droit commun des marchés publics." Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLE027.
Full textThe integration through the field of public procurement has been an opportunity for the West African Economic and Monetary Union (UEMOA) to take an interest in the legal framework of this sphere of public business law. It is in this context that the new Community architecture of merit-based public procurement has emerged through the issuing of directives to renew the definition of the concept of public procurement, the fundamental rules of procurement, execution and of the contentious framework.This change has allowed the construction of a harmonized framework of public procurement rules through the adoption of interesting procedural and institutional innovations. However, this new right has not yet reached the proper maturity. This is observed through the inconsistency of national regulations: the ineffectiveness of the phase of execution, execution and resolution of disputes are negative phenomena to this process.The purpose of this study is to trace the degree of convergence between member states in the application of West African community rules. This analysis requires the critical study of the formulation, reception and consequences of the reform of public procurement rights in WAEMU member states, particularly the cases of Burkina Faso, Côte d'Ivoire and Mali. and Senegal with regard to Community directives. The study does, however, make use of other African and European legal systems to illustrate and enrich certain remarks and comments.The objective is to participate in the theorization of West African public procurement law. In this perspective, the purpose is not only to reflect on the innovations introduced by the new texts in terms of the objectives set and their effectiveness, but also to identify the shortcomings and shortcomings of this recasting in order to propose other directions which are necessary and which may be more appropriate for the African system.In this respect, the study proposes the revision of certain unsuitable and inappropriate legal instruments. It would therefore be relevant for UEMOA to rely on African original law to review its legal system, particularly in the case of public procurement.In view of the growing institutions and rules of public business law on the African continent and the success of OHADA, the study makes two series of proposals to reflect on developments in the field of public business law . On the one hand, consideration should be given to the possibility of establishing a harmonized space in the field of public business law on the continent in the same form as OHADA, or on the other hand to integrate the sphere of public business law in the statutes of the OHADA
Jamet, Vincent. "De l'influence du principe de transparence sur la chaîne de régulation de l'information financière." Nice, 2007. http://www.theses.fr/2007NICE0045.
Full textAbdelmadjid, Amine. "La régulation du service public de distribution d'eau potable." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D015.
Full textDrinking water can no longer be seen merely as the first universal vital resource but also as an economic and strategic resource. Although the management of drinking water distribution is less severe in France than in the Near East, or even in California and the Iberian Peninsula, France is not immune to the global water. But this lesser severity can be a scientific asset in that it makes it possible to ask the question of the . best way of managing the distribution of drinking water with more serenity. The term "best mode of management" refers to the person who proposes the legal framework and economic logic best suited to reconcile the social imperative of drinking water supply with its economic and technical requirements. To this end, the problem concerns the management methods used for the drinking water distribution service. For water as for any other area, we may naturally tend to reduce the plurality of possible management modes to the traditional public-private duality. This opposition, in France today, has no meaning. In order to understand the difference between the management methods of water distribution in France, we must therefore substitute in the analysis, the traditional couple public management - private management, couple direct management - delegated management. The best way of managing water supply will be the one that, in the technical and legal horizon we have presented, will reconcile social justice and economic efficiency. Social justice, that is the guarantee of continuous access to drinking water for all at a price acceptable to all. Economic efficiency, that is to say that this price must allow the technical maintenance of equipment, and even their improvement, by constant investments. The method, to which this position of the question of the best mode of management of the water distribution entails, is comparative. This would involve comparing the two main modes of management: direct management and delegated management of the social justice - economic efficiency compromise. To a comparative method that reproduces the historical order of the alternations of management modes, and which would thus risk being sterile, we will therefore prefer a dialectical method based on these two questions: how to move from the era of delegated management as a compromise of public management and private management, in the era of a compromise between delegated management and direct management? What is the nature of such a compromise?
Hamamy, Ghalia. "Le choix d'un système de régulation dans les services publics : le cas de l'eau au Liban." Thesis, Paris 10, 2010. http://www.theses.fr/2010PA100063.
Full textCountries are reforming their water public utilities in order to introduce a new regulatory system called Integrated Water Resources Management (IWRM). IWRM may be centralized, decentralized or in-between. What is the dynamic behind this rationale?We will examine the contributions of religion, law, economics, political science and management to regulation. These contributions shall be combined with those of neo-institutional and bureaucracy theories in order to create some regulatory tools such as yardstick competition, ring fencing competition and price-cap regulation.We will also study public service, public utility and universal service. We will also examine water, gas, electricity and telecommunications characteristics in order to highlight the water utility specificities.We will use grounded theories and analytic narrative elements in studying in-depth the water public utility regulation in two countries with reference models, in six countries with hybrid models and two international reference hybrid models. A qualitative model with core and ancillary dynamics will be sketched.Quantitative techniques will confirm/infirm this dynamic through a questionnaire that will be tested on a database consisting of 106 countries in order to produce a quantitative model of this dynamic.Finally, the qualitative and quantitative models will be compared in order to produce a final model of water public utility dynamics of regulation which will be theoretically discussed
Isnard, Numa. "Le règlement des différends entre opérateurs de communications électroniques." Thesis, Université Paris-Saclay (ComUE), 2015. http://www.theses.fr/2015SACLS054.
Full textDispute resolution is a very specific legal tool, mixing private and public legal elements. The ARCEP, the National Regulatory Authority in France is in charge to regulate the sector and has the power to litigate disputes about interconnection or access. Established in 1996, the ARCEP developed a certain practice of this type of disputes, elaborating a specialized litigation to enforce the right to interconnection, granted by European laws. Such a right is vital for operators in order for them to be able to compete with the incumbent. Consequently, efficiently resolving every dispute to keep market competitive is crucial. Studying such a mechanism has several interests. Firstly, the very concept of operator evolves. Local authorities now have the ability to intervene and deploy networks available for other operators and even the public. More, over-the-top actors providing content services on the Internet have an increasing impact on the networks and they are now competing operators on telecommunications services. Secondly, the procedure is debatable: how a public body can intervene on commercial contracts? As France has a bi-jurisdictional order, splitting courts between private law and administrative law, dispute resolution changes this traditional way, making administrative decisions appealed at the Cour d’Appel de Paris. Lastly, the growing scaling up of the market, from national to European level, questions the ability of ARCEP’s mechanism to evolve.Using a mixed method, combining theoretical and practical approach, we aim to explain how this specific way to make regulation is a real asset for competition
Boccon-Gibod, Thomas. "Les principes démocratiques de l’autorité : fondements et modalités de l’exercice du pouvoir dans les sociétés contemporaines." Thesis, Paris 10, 2011. http://www.theses.fr/2011PA100160/document.
Full textThe aim of this study is to give an account of the phenomenon of authority, so as to define its nature as well as to examine its justifications. Hence, it seems that it is only by a critical study of the ways of using reason that it is possible to determine such principles. First of all, we try to identify as such a critical and reflexive use of reason, as opposed to those aiming at the production of some objective knowledge. Thereby we define the proper place of political philosophy among the diverse forms of knowledge characteristic of modernity, especially natural and human sciences. Second, we examine the modern foundations of authority in its statist form, namely individual will, through its two main theoretical expressions, political anthropology on the epistemic side, and the theory of representation on the legal-practical one. In particular, we examine the meaning of the notion of institution, and the democratic character of representative government. Thirdly, we look at the concrete modalities of authority through the sketch of a genealogy of governmental institutions. Drawing on the doctrinal origins of the French administrative law, we are thus led to identify two essential modalities of modern government: the “Social State”, defined by the collective mediations of individual liberty, and the “Regulatory State”, defined by the individual assumption of the myths characteristic of modernity
Hecker, Lusitania. "Nouvelles formes de régulation et marchés financiers. Etude de droit comparé." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020072/document.
Full textThe legal systems of today are different than those that came into force 40 years ago. The assertion is applicable particularly to the economic areas under that a kind of law, known as regulatory systems. Indeed, a simple look at the contemporary law shows first; a rise in new entities which have the power of creation, the monitoring and the application of law and second; the existence of adjustments in the design and implementation of the standards that govern an activity, the development of soft law, self-regulation and standards, among other examples. This phenomenon, named new forms of regulation, which a few years ago was strongly praised by a part of legal doctrine, is now being questioned. Even if the regulation constitutes a universal phenomenon, we decided to focus in the financial markets. This is because the economic sectors under the regulatory systems have a diverse situations in terms of action and their fundamentals that hinders a comprehensive analysis. In this sense, it has been said that the regulatory systems rules legitimacy cannot be considered abstractly. This must be assessed by the relations between its standards and regulated objects. Financial markets are, in this context, a privileged test case concerning the experimentation of new forms of regulation. In these markets we found the origins of the use of soft law, self-regulation and other new forms of regulation, and it is precisely in the financial markets where that the disputes about the efficacy and the legitimacy arise about new forms of regulation. Our study concerns the use of new forms of regulation within the framework of the financial markets in six countries: France, England, the United States and three Latin American countries: Mexico, Colombia and Chile. The reasons for this choice are as follows. Firstly, it seems valid to look at the legislation where the new forms of regulation came from. The American model is needed, but also the English model, because it was, for a while, the more thorough example of economic liberalism, therefore a source of new forms of regulation. France is also an indispensable reference. Indeed, as we want to show it, France is the most perfect example of the quest for a culmination of logical regulation and systematization of regulatory law. We have chosen Mexico because of the size of its financial market; Colombia because it has undertaken remarkable legal reforms linked with the new forms of regulation and Chile, because it is the most stable country both politically and economically in the South of Latin America
Chéry, Blair. "Recherche sur les modes de règlement des contentieux liés aux infrastructures de communications électroniques." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10042.
Full textThe electronic communications networks are causing disputes increasingly frequent whose payment methods are particularly original. In particular, they involve the mobilization of technical skills that do not have professional judges where periods of dispute resolution are hardly compatible with the deadlines conventional court proceedings. In other words, they call original forms of settlement proceedings before the regulatory authorities for electronic communications. Such a subject would remain anecdotal of dispute electronic communications infrastructures had not been treated specifically and with some similarity in the different legal systems. Our goal is to understand and analyze litigation in a global perspective. In this perspective, beyond the geographical distribution of this model, this study allows us to ask fundamental questions to capture the settlement of disputes in all its dimensions. The study of the settlement of dispute electronic communications networks as a whole now appears essential for the understanding of the major legal developments with major changes brought about by globalization and new technologies
Joyjaroen, Juraiporn. "Le contrôle du contenu des programmes audiovisuels : étude comparative des systèmes français et thaï." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32007.
Full textAlthough Thailand is a constitutional monarchy country with the establishment of democracy and the development of legal texts, it is often subject to military intervention which creates the limitation of freedom of expression and the rights to communicate. The audiovisual market is dominated by the operators who obtain the concession contracts of the State for too long. The solution of the mentioned problem is proposed by the 1997 Constitution, which is to create an independent regulatory authority for audiovisual communication to improve the exercise of freedom of expression on communication law and to implement the basic principles of audiovisual communication. Moreover an allotment of new frequencies is also important for the full opening of the audiovisual market in order to vary the choices for viewers and listeners. The creation of the regulatory authority of audiovisual communication has been interrupted several times by the committee’s conflict of interest. In 2006, it was unfortunately withdrawn by the coup by repealing the 1997 Constitution. After that in The 2007 Constitution, it is required the establishment of a single regulatory authority for broadcasting and telecommunications to meet the development of converging technologies however the authority has not been implemented yet. So the gaps in regulation between two areas of communications are growing.In France, there are three of regulatory authorities of audiovisual communication which have been formed after the abolition of state monopoly of broadcasting. The study of French’s basic principles of audiovisual communication could guide Thailand in several ways since the rights and the freedoms of communication in Thailand have been democratically developing gradually
Rouimy, Michaël. "Le contentieux du marché boursier : entre régulation et juridiction." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010326.
Full textThe regulator of financial markets, in response to a gradual increase in its powers of sanction was locked in a narrow procedural system that could eventually paralyze the regulator. This thesis aims to demonstrate how the couple formed by the AMF and the judiciary is completed to animate the French system of regulation of financial markets. The first part describes the historical evolution of the French regulation which has seen successive regulators expand their fields of power, including sanctions .To legitimize his new quasi-judicial functions the regulator was forced to be with a procedural basis of common law , which it shares with the courts which in some ways seem to have absorbed its regulatory function of financial markets, reducing the AMF to a judicial officer state. The second part shows that the judicial review of decisions of the AMF take nevertheless into account the specificity of its mission, taking a holistic view of the different levels of regulation ,sometimes at the risk of losing in legal certainty yet expected by the actors in the financial markets. Indeed, the judge involved in the overall implementation of regulation with AMF, is seen with a quasi regulationnal power. For the AMF fully reinstated its regulatory function that motivated its creation we plead for a strengthening of its specific powers
Nicolaieff, Franck. "Responsabilités et régulation des marchés financiers : recherche sur les rôles respectifs de l'autorité judiciaire et de l'autorité des marchés financiers." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32008.
Full textWhat place do the traditional legal institutions of civil, criminal and administrative liability occupy in a financial market regulation system that is in constant change? An analysis of the respective roles of each of the authorities responsible for their implementation, that is, primarily, the judicial authority and the Autorité des marchés financiers [French financial markets authority], reflects their importance in the complex legal organization created by financial markets regulation. More specifically, it appears that liability and regulation are inseparable today: litigation necessarily affects the regulation of the financial markets by defining the standards of conduct of its players, and this regulation, whose center of gravity is now occupied by the Autorité des marchés financiers resorts to compensatory and punitive functions with respect to liability to achieve its objectives of proper market operation and savings protection
Delval, Vincent. "Recherche sur un modèle d'autorité de régulation dans l'Union européenne dans les secteurs économiques et financiers." Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20015/document.
Full textOver the past two decades, the authorities in charge of the regulation of sectors as diverse as Energy, Postal services, Electronic communications, Transports, Banking, Insurance and Securities have increased on a national level as well as on an European level. Imposed by Legislation, or free, in order to obtain impartiality and credibility, this European movement of creation of regulators can face some difficulties. Whatever the structure of these authorities, the extent of their powers, their degree of independence or their quest for Legitimacy, the solutions adopted to institutionalise regulation vary widely from a State to another, this diversity greatly affects the unity of this legal category. However and despite the absence of any harmonised framework, a common purpose animates these authorities which is to supervise, monitor, secure and protect. Due to different national and European experiences, this established fact raises issues about the possibility and also the opportunity of building a regulatory authority model in network utilities and in financial sectors that could guide the States as well as the European Union
Moutou, Albert. "Les apports des modèles factoriels dans la problématique de tarification de l'ARCEP : l'exemple de France Télécom." Rennes 1, 2011. http://www.theses.fr/2011REN1G031.
Full textTo reach its objectives regarding regulation, the ARCEP has of a set of various means of action. The tariff regulation is one of them, and it allows to control the costs and to fix statutory price lists of the operators considered as "dominant" on certain "market segments", at the same time. The realized tests confirm the relevance of the market bêta, but also the necessity of to add new explanatory variables, mainly corporate, such as ROE, PER or book-to-market ratio. The factorial structure then identified seems different from that suggested by Fama and French ( 1993 ), both by the number of the identified risk factors and by their respective identy. But especially, it seems fundamentally unstable according to the studied samples, methods and applied statistical approaches, considered risk factors, or examined sectors
Sourligas, Georgios. "L'emprise du droit communautaire sur l'ouverture à la concurrence des entreprises de service public : le cas de l'électricité." Nice, 2004. http://www.theses.fr/2004NICE0017.
Full textSolano, Ortiz Sergio David. "La concurrence sur le marché des télécommunications au Costa Rica : le défi de l'ouverture sur la base de l'expérience française." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010337/document.
Full textThe Central America Free Trade Agreement with the United States (CAFTA), approved after popular referendum in October 2007, has sped up the liberalisation process of the telecommunications sector in Costa Rica, very much like in France before. The new juridical framework introduces a competition right reform, unfortunately only applicable to the telecommunications sector. The general law is still based on the 1994 law, which has questionable drawbacks. The telecommunications regulation authority will be in charge of monitoring competition in the sector, at the expense of the competences of the general authority. According to a comparative analysis there is a striking parallelism despite a significant delay in the case of Costa Rica. This study highlights the pros and cons of the competition monitoring tools existing in Costa Rica, by taking stock in the telecommunications sector. ln the light of the French and community experience, numerous efforts are still needed to lead to a legislation that is still far today from being full y mature. The strong presence of multinational companies on the Central American market and the absence of monitoring tools regarding the anti-competitive strategies on the regional level constitute a new challenge for setting up a competitive environment. The Association Agreement between the European Union and Central America should serve as a basis for the development of a regional competition right, according to the community law
Ibrahim, Majida. "L'atteinte à la transparence des marchés financiers : l'exemple du délit d'initié : étude comparée du droit français et du droit libanais." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1030.
Full textInsider trading can be illegal or legal depending on when the insider makes the trade: it is illegal when the material information is still non public, trading while having special knowledge is infer to other investors who don’t have access to such knowledge. Directors are not the only one who has the potential to be convicted of insider trading. People such a brokers and even family members can be guilty. Insider trading is legal once the material information has been made public, at which time the insider has not direct advantage over other investors. The tendency is to the criminalization of insider trading and the foundation of a specific regulatory authority for financial markets. The work is therefore based on a study of different law enforcement jurisdictions which trend to ensure markets transparency and ensure the respect of equity between the operators by the phenomenon of regulation. In a first approach, we study the originality of the crime including the double definition that generates a double prosecution: criminal and administrative. And in a second approach, we analyze the effectiveness of the repressive system in which we realize that this duality of the repressive system facing the non bis in idem can only be seen as coherence and complementarily between the two orders of jurisdictions
Jappont, Frédéric. "La régulation de l'économie de marché par des autorités indépendantes." Montpellier 1, 2004. http://www.theses.fr/2004MON10045.
Full textKeita, Boubou. "La répression administrative, source de normativité : essai sur la contribution de la commission des sanctions de l'AMF à la régulation financière." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010274.
Full textIn France, the financial market regulation is ensured by the Financial Market Authority (Autorité des marchés financiers) (hereinafter the AMF). Independent public authority with legal personality, the AMF is composed of a College and a Sanctions Committee (Commission des sanctions) and has a power of sanction against stock market offenders. This power of sanction is exercised by the Sanctions Committee (Commission des sanctions). The brevity of the texts and the need to provide financial market participants with a code of conduct on law enforcement, has led the Sanctions Committee (Commission des sanctions), under the control of judges, to a creative work through its jurisprudence. Guidelines have thus emerged on the definition of the main principles of financial law. This judge-madefinancial law is based on clearly defined judicial policy and is designed to ensure the integrity of the financial markets and investor protection. The Sanctions Committee (Commission des sanctions) has become a key player in the financial regulatory system and a source of financial law. This thesis aims at describing this new judge-made-law in its criminal and economic dimension
Zhou, Qiang. "La régulation des marchés financiers en Chine : étude comparative des systèmes de régulation chinois, français et américain." Paris 1, 2009. http://www.theses.fr/2009PA010281.
Full textMedjnah, Mourad. "Les rapports entre autorités de régulation en matière de concurrence." Paris 1, 2010. http://www.theses.fr/2010PA010296.
Full textSlautsky, Emmanuel. "Droit européen du marché intérieur et organisation administrative des États membres de l’Union européenne." Doctoral thesis, Universite Libre de Bruxelles, 2016. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/231665.
Full textDoctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Delzangles, Hubert. "L'indépendance des autorités de régulation sectorielles : communications électroniques, énergie et postes." Bordeaux 4, 2008. http://www.theses.fr/2008BOR40016.
Full textThe independent regulatory authorities are now part of the institutional lanscape of the Member States, but their independence is the subject of permanent questioning. Why are they independent ? Are they really ? Will they remain so in an environment of interdependence ? The domains of electronic communications, energy and the post provide specific answers to these questions. The independence of the sector-based regulatory authorities is justified by the principle of impartiality of the regulator imposed in Community law. The Member States which intervene in these sectors through their incumbent local exchange carriers must entrust the regulatory functions to independence authorities. But Community law does not sufficiently specify the means of organizing their independence. As a consequence, the regulatory authorities created in Germany, Spain, France, Italy and the United Kingdom have only a relative independence. A greater organic independence and the reorganization of their functional independence are proposed to correct this. The independent nature of regulatory authorities must also be evaluated vis-à-vis the context of Europeanization of these public utilities in the competitive environment. The interpenetration of the markets has led the Community institutions to impose means of co-operation, even network coordination of the independent regulatory authorities. The resulting interdependence is not without generating new violations of the initial requirement of independence
Aoun, Charbel. "L'indépendance de l'autorité de régulation des communications électroniques et des postes (ARCEP)." Cergy-Pontoise, 2006. http://biblioweb.u-cergy.fr/theses/06CERG0285.pdf.
Full textIn France, it is the law of 26 July 1996 which opened the sector of telecommunications to a total competitiveness planned on 1 January 1998 and which created the ART. Another period started in June 2004 with the transposition to the French law of the ‘telecom package’ which is a new range of directives adopted after a revision process at the beginning of 2002. The legislative process of transposition of directives of 2002 was achieved in France on 3 June 2004 with the establishment of the law related to the electronic communications by the Parlement. By the beginning of 2004, the ART started preparing itself to take in charge the function of postal regulator. The legislator has, with the law of 20 May 2005, given the regulation of postal activities to the ART which is now the Arcep (regulation authority of electronic communications and posts). The essential argument given to justify the creation of the Arcep is that the leader operators- France Telecom and La Poste- on the market still controlled by the Government cannot be both “judge and party”. It is necessary to separate the two roles, in order to insure the “credibility” of the regulation function and to gain the trust of the investors. The aim of our study is to evaluate the independence of the regulation authority of the electronic communications and posts compared to the private sector, and the independence of the operators which mostly belong to the government- France Telecom and La Poste- compared to the government itself, in order to discover weither there is a problem of means and guaranties granted by the legislator or an impartiality affecting its members. So we will be studying in a first part the independence of the Arcep according to the texts. The question of independence constitutes a problem of means and guaranties to us. It is the good adequation between a pursued target and the sufficient means that suit its ambitions. But the will to create an independent authority that has all the necessary means and guaranties is not enough. It is by the practice that we can measure the degree of independence of an institution. That is how we will be studying in a second part the independence of the Arcep in the practice of missions. However, because of the anteriority of the reform of the postal sector, the study of the independence of the Arcep in the practice of missions will mostly be focusing on the sector of electronic communications, telecommunications and audiovisual. Finally, this study of independence will make us realize that the Arcep has enough means and guaranties to be practicing an independent activity. But its big freedom of action has destabilized the institution. In fact, if the authority has shown an independence and a certain efficacity in its relations with the government and the private operators, it has not done it in relation to the historical operator France Telecom by exercising its power of sanction putting that way into consideration its impartiality and independence. The only real and perenne issue will then consist of giving back the power of sanction to the judge who is its real and legitimate possessor
Lehmann, Marjorie. "L'accès aux réseaux de distribution publique d'électricité en France métropolitaine." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA035.
Full textThe evolution of the internal electricity market in France is following the wave of liberalization at the instigation of the European Union law. However, the electricity distribution system is maintained under the monopoly of the national historical operators. Even if this situation seems questionable, the current system, under the control of the national regulator, is satisfactory, allows third parties to access to the distribution networks under transparent and non discriminatory conditions and assures tariff equalization essential to the balance between territories. In addition, the management of the electrical network is provided consistently at an appropriate scale allowing mutualisation of infrastructure costs and ensuring the role of local authorities. An opening to competition of the activity would result in a more complex system and would present only a very limited impact in tenns of better pricing. In any case, it would imply an overhaul of the established system
Vlachou, Charikleia. "La coopération entre les autorités de régulation en Europe (communications électroniques, énergie)." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020055/document.
Full textThe cooperation among regulatory authorities in the field of electronic communications and energy takes place against the background of the transformation of the european administration in the last two decades. Its institutional design bears the mark of the europeanisation of regulators through the harmonisation brought about by EU law and the diffusion of best practices. The cooperation among regulatory authorities is formalised on the basis of a primary law that is vague. It is also marked by ambiguity with regard to the delegation of pouvoirs on a European level. In the sectors of energy and electronic communications, it reflects the « hybrisation » of two models of governance, European agencies and networks, giving birth to a powerful « network agency » in the field of energy-the ACER- and a weak « agenciarised network » in the field of electronic communications- the BEREC. The control of the acts of these two organisms in a « Union of law » is ensured by the Cour of justice of the European Union which is, however, difficult to accessfor individuals. In this context, the European Ombudsman demonstrates a real potential as a complementary forum of control. Against a priori hypotheses with respect to the democratic deficit of the European Union, the European Parliament effectively ensures the democratic control of ACER and BEREC. Even if its means of political control are largelyinformal and should be better defined, the control it exercices in the context of the budgetary discharge procedure is capable of transforming the institutional design of the above mentioned organisms
Yemene, Tchouata Emerand. "La régulation de l'activité bancaire : contribution à l'étude de la stabilité du système bancaire dans les régions de la CEMAC, de l'UEMOA et de l'UE." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020023.
Full textBanking regulation should be seen as the act of monitoring and controling banking, by subjecting the compliance with various standards to control risks to preserve the security of depositors , the stability of the financial system and major economic balances. To achieve this, the banking regulation is based mainly on regulation and supervision. Domestic banking systems have become increasingly interdependent, it is necessary to deal with threats in the same way , in a coordinated manner at the international level or at least at the regional level . Thus CEMAC and UEMOA have adopted in the aftermath of the 1990 crisis a control device marked by a plethora of regulations and community oversight bodies . Since the debt crisis in Europe, the regulation of banking has evolved in this region with the creation of the banking union . That said, the supervision of banks has been entrusted to the European Central Bank within the EU although it remains shared with the national authorities.In the course of this work, our task will be to compare the existing control devices in the CEMAC region , UEMOA , EU . We shall review and find how the regions of Central Africa, West Africa and Europe organize banking regulation in order to preserve the stability of their banks. To achieve this goal, a comparison of the various bodies responsible for the regulation and the main regulatory rules that exist in these regions are deemed necessary
Ouhmida-Damon, Houda. "Les autorités de régulation en France : les contours flous d'une catégorie juridique spécifique." Nantes, 2006. http://www.theses.fr/2006NANT4026.
Full textThe French regulation authorities still belong to the larger category of independent administrative authorities. Creation of such authorities causes various institutional issues which are not easy to solve. Finding a regulation scheme everybody would agree upon is impossible. The same way, American federal regulation agencies are still highly contested more than half a century alter their creation. French experience in this natter is only thirty years old. . . As the world constantly changes on technical (technological revolution), economical (world-wide economy, competition increase) and institutional (constant and heavy overhang of European integration) points of view, regulation authorities should not be statically considered. Facing these society changes, public authority must preserve a certain security of the legal system and of the regulation system. In order to do so, a more precise legal conception of the national regulation authorities is required as they are the key of the regulation system. However, those authorities have not yet been identified as an autonomous legal category, since no official legal definition of the regulators exists at the moment. In the same way as regulation law which now becomes autonomous and independent from other branches of law, regulation authorities seem to free themselves and to become more and more different from the too heterogeneous concept of independent administrative authority
Perroud, Thomas. "La fonction contentieuse des autorités de régulation en France et au Royaume-Uni." Paris 1, 2011. http://www.theses.fr/2011PA010316.
Full textSée, Arnaud. "La régulation du marché en droit administratif : étude critique." Strasbourg, 2010. http://www.theses.fr/2010STRA4032.
Full textThe notion of “market regulation” is the subject of recurring questioning of the law doctrine in the last few years. Its shy emergence in the positive administrative law contrasts sharply with the importance of the doctrinal speech produced on this theme. It is moreover the interest granted to these relations that is the main topic of this thesis. The notion of market regulation is above all a notion of the speech on the law, a descriptive notion. But, beyond that, does it really constitute a notion of the speech of the law, that is to say, a legal notion of the positive administrative law ?This thesis has given a negative answer to that question and has demonstrated that the market regulation does not come from the prescriptive speech, but from the descriptive speech. To come to this conclusion, this study has demonstrated that the market regulation did not constitute a legal category of the administrative law. This notion does not designate a specific object in administrative law, and leads back to a traditional role of the public authorities, without being performed by specific authorities or specific prerogatives. It does not set the implementation of a specific legal regime. The notion of market regulation is so “in the antechamber” of the positive law and there is little chance that it might constitute a notion of the administrative law. Nevertheless, it remains a notion of the administrative law doctrine, that is to say, a notion of the speech on the administrative law
Fravalo, Anne. "La régulation juridique dans le domaine économique." Paris 12, 2003. http://www.theses.fr/2003PA122001.
Full textLiberalism affirmation over the last twenty years has brought about, in France, a significant withdrawal of the state in the economical sphere, and a profound mutation of its interventions in this field. The research of new and more flexible intervention process, more respectfull of economic players' rights, led to the emergence of new instruments, called "régulation", and quite inspired by the common law systems of "independant regulatory agencies" and "quangos". Studying the legal regulation in the economical field leads to wonder what regulation is precisely, and, moreover, what are its connections with the french notions of law-making. Lastly, it appears that, in the economical field, regulation shows peculiar structure and legal scheme. While independant regulation authorities trend to become institutional models, their relations with the executive and legislative powers, as well as with jurisdictional institutions, reveal a legal articulation which can be considered as specific
Blottin, Benoît. "Le rôle des autorités de concurrence et des autorités de régulation sectorielle dans la surveillance de la libéralisation des marchés de l'énergie." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020085.
Full textThe opening to competition of the markets in gas and electricity has hardly produced the desired impact. To a large extent, the directives flowing from the third package have been transposed amongst the Member States. However, the effective implementation of a European energy is still facing several challenges ahead. With this nebulous background, supervision has become all-seeing, Argus-like. In fact, while competitions authorities and sectoral regulators are significantly stepping up theirs efforts so as to push forward the liberalization process towards the swift completion of the internal energy market, they seem, at times, to work against the grain of their original assignment. On the one hand, competition authorities appear to be increasingly willing to act as « builders » for the energy markets as they tackle market structures rather than harmful behaviours. Conversely, sectoral regulators, with their ever-strengthening powers, are more and more incited to track down and take sanctions against barriers to competition. Such bicephalous management has resulted in a confusion of roles which has not been alleviated by the « bridges »built between both types of regulators. At any rate, in the face of such a tangled web of competences, operators find themselves in markets that are not very conducive to competition and in a regulatory framework which is both volatile and complex, thereby paralysing the investments required to render such markets more dynamic. The system as it stands may still be improved and many would like to see it clarified. Although the prospect is not very realistic, some commentators have called for the merger of authorities. It appears nonetheless that reworking the supervision framework with a view to strengthening inter-regulation but also implementing actual European regulations is a route that has not yet been sufficiently explored
Stasiak, Frédéric. "Nature des autorités de régulation à pouvoirs répressifs et garanties fondamentales de la personne." Nancy 2, 1995. http://www.theses.fr/1995NAN20001.
Full textThe multiplication of diverse organisms with repressive prerogatives, and specially regulation authorities as the “conseil de la concurrence”, the “conseil superieur de l'audiovisuel” or the “commission des operations de bourses”, is a hardly contestable phenomenon. Facing this tendency, the existence of guarantees flanking their sanction powers seems more important than a sterile debate on the nature-administrative or jurisdictional- of these organisms. The analyse of both jurisprudences of the “conseil constitutionnel” and the European court of human rights allow to draw several fundamental guarantees destined to flank this extra-penal repression. The "fair trial" notion supposes some guarantees concerning first the organisation (independence and impartiality) of this instances and their sanction procedure (defence rights respect it means, cross-examination principle jurisdictional appeal, innocence presumption and oral hearing). These formal guarantees must also be completed by substantial guarantees result from the principle of legality (clear, distinct, accessible and non-retroactive incriminations and sanctions) and from the principle of proportionality (limitation of addition between penal and administrative sanctions, no automatic and justified sanctions)
Kurlat, Aimar José Sebastián. "Les autorités de régulation des services publics en réseaux : une étude comparée : Argentine, France." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D033.
Full textFrench and Argentine Law have established regulatory authorities in the field of public services network. The two countries have carried out a transition from a direct model of sectoral public services, to a system in which the public authority essentially acts as a third regulator. Given this fact, the selected issue provides the prism of a comparative approach to question the mechanisms present in one of the legal systems, which could provide a useful source of inspiration for the other and vice versa, in order to improve their respective sectoral regulatory authorities system. The study is based on a demonstration in two stages ; the analysis of the establishment of the regulatory authorities, and the analysis of the implementation of the regulation by the sectoral authorities. The first part starts by discussing the notions of public service and of regulation present in each legal system by examining whether they are sufficiently similar. The analysis continues by addressing the question of insertion of sectoral authorities within the institutional structure of each state, and subsequently focuses on the main influences that drove French an Argentine Law to undertake such institutionalization of the regulatory authorities. The second part firstly proceeds to the analysis of the legislative, administrative and contentious powers of French and Argentine sectoral regulators to then examine the question of the regulatory authorities’ responsibility through the examination of their liability for fault and without fault
Yousfi-Charif, Nadia. "La régulation des marchés financiers au Maroc." Paris 1, 2009. http://www.theses.fr/2009PA010276.
Full textJuhan, Michel. "L'autorité publique indépendante de régulation de la communication audiovisuelle." Dijon, 1994. http://www.theses.fr/1994DIJOD002.
Full textThe study of the independent public authority, which is competent to regulate audiovisual communication reveals the appearance of a new form of public intervention in a sectory which is sensitive to the exercice of liberties. The specific characteristic of this non-governmental state structure doesn't lie so much in its protector status (which only gives it a relative autonomy of action) but in its reasons for being: ratifying the political emancipation of the regulated sector and promoting a diversification of the audiovisual offer. In this spirit, the regulation evokes a multiform intervention which borrows from the administrative and jurisdictional functions while using more informal and less strictly juridical procedures which work towards the exercice of a "moral magisterium". This mixing of functions has a normative finality (in a large meaning) obtaining clearly defined behaviours from audiovisual communication professionals
Bismuth, Régis. "La coopération internationale des autorités de régulation du secteur financier et le droit international public." Paris 1, 2009. http://www.theses.fr/2009PA010257.
Full textPierre, Sylvie. "L'autorité de régulation boursière face aux garanties processuelles fondamentales." Lyon 3, 2001. http://www.theses.fr/2001LYO33019.
Full textMontseny, Jean-Paul. "Contribution a l'étude du pouvoir normatif et à la notion de régulation : l'exemple du conseil supérieur de l'audiovisuel." Paris 10, 1999. http://www.theses.fr/1999PA100068.
Full textCrespy, De Coninck Marie. "Recherches sur les singularités du contentieux de la régulation économique." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD060.
Full textAssumed particularities of the economic regulation may involve a special feature of its litigiation. But, it is far from that, insofar as the regulation’s judge use classical rules and methods of the general litigation. However, the economic regulation litigiation’s singularities, leading to a gradual evolution of litigation methods, appear whithin the frame of this classicism. The first singularity is characterized by the disturbance arising from the confrontation between economic régulation and its litigation. Initialy, particularities of régulatory authorities and acts of régulation reveal classicle litigiation categories’ inappropriateness. Then, once integrated into classicle judicial framework, the particulaties enable jurisdictional control adjustement to economic régulation requirements. Furthermore, the economic regulation litigiation’s singularity appear in view of its fonction. More than ruling economic regulation disputes, the judge fully participate in economic regulation processes. Finally, the economic regulation litigiation appears to be a laboratoy of general litigation’s progress. Without groudbreaking, economic regulation litigiation is involve in general litigiation renewal. In addition, the transversal nature of this litigation allows the consistency of the litigation ruled by distinct jurisdictional orders witch cannot be satisfied with the "judges' dialogue"
Balouki-Songue, Mawaba Akouyo. "La contribution des autorités de régulation des médias dans l'édification de la démocratie en Afrique noire francophone." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32010.
Full textFrom the end of the 1980’s, the democratic progress recorded in many African countries has permitted the bursting of a major legislative change with the setting up of media management and regulation structures. From Togo to Cameroon as passing by Tanzania, Nigeria or Rwanda, bodies have been created by public authorities to promote political pluralism and ensure respect for freedom of opinion and expression. However, the real power of such institutions varies depending on the means put at their disposal by the régimes in place which, as elsewhere in the world, tend to fear the emergence of opposition forces. The right of the communications, at the intersection of public and private rights, experiences especially important changes especially since these are accompanied with the emergence of the Internet revolution which modifies the traditional perceptions of information and communication in all the countries studied in this thesis