Dissertations / Theses on the topic 'Collectivités locales – Décentralisation'
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Al-Wadi, Sad Khalaf. "Décentralisation et collectivités locales en Jordanie." Rouen, 1987. http://www.theses.fr/1987ROUEL034.
Full textCentralization and decentralization are the two principles in the organisation of any society and, in particular, the state. This study is an analysis of territorial decentralization in Jordan. It proposes to shed ligth on the reality of this decentralization and the major differences in relation to french law. There can be no doubt that these two countries differ not only in their degree of development, but also in the socio-economic and political data found in the legal systems of both countries. This research begins with an analysis of the centralizing aspects of the administrative system. An account of the main stages of its evolution is followed by a study of the organisation of the state after independance (1946) and the present-day territorial structures. The analysis then turns to the decentralizing aspects of the system. It sheds ligth on the imbalance in communal structures, the re-eminence of the State vis-a-vis territorial communities and the ensuing consequences on local autonomy. The general conclusion is a critical appreciation of the jordanian administrative system and puts forward reforms necessary in the territorial structures of the country
Brauge-Delaire, Cécile. "Autonomie financière et collectivités territorialesl." Limoges, 2011. http://www.theses.fr/2011LIMO1009.
Full textAn effective decentralisation presupposes that some autonomy be recognized to the local governments, and more particularly a financial autonomy. What does local financial autonomy mean? Can we conceive it within the framework of the French unitary State? These are the questions asked following the implicit inscription, in the body of the constitutional text, of the local governments' financial autonomy. So, this topical principle gives rise to many interpretation and application difficulties; The lack of a real consensual definition underlines all the ambiguity of the local governments' financial autonomy. Notwithstanding, some characteristics are identified. It corresponds to the possibility recognized to the infrastate entities of having sufficient, varied, evolutionary and reliable resources, including flexible own tax resources, to freely exercice their powers and freely determine resource allocation. This interpretation presupposes that real local taxing rights be recognized, which is utopian in view of the French unitary State affirming in the Constitution the principles of consent to taxation an tax legality. Moreover, in constant worry of public expenditure control -local expenditures are integral part of them- state intervention is unavoidable. Thus, financial recentralization progressively insinuates whereas the local governments' financial autonomy tends to be significantly reduced. Then it seems more like a political aspiration than a practical reality
Cagnina, Catherine. "L' Europe et la décentralisation sous l'éclairage des exemples franais et italien : L'application des dispositions communautaires en matière de décentralisation en France et en Italie." Lyon 3, 2007. https://scd-resnum.univ-lyon3.fr/out/theses/2007_out_cagnina_c.pdf.
Full textEurope recognizes the decentralization in France and in Italy, as far as on the one hand the territorial authorities are the beneficiaries of principles and actions and as far as on the other hand the territorial authorities are subjects of the European interadministrative relations and of the Community legal order. The decentralization is modeled by the European Union, since numerous measures enter the local administration and impregnate the juridical system of the territorial authorities, but also frame the decentralization which must not be a hindrance to the functioning of the European Union. In consideration of the difficulty to set up a European status of local administration, the European Union has chosen to support the decentralization in the Member States, from which the will of entire decentralization can ensue. And moreover, the European Union wishes to succeed in strengthening the decentralization by strengthening the democracy
Joyau, Marc. "De l'autonomie des collectivités locales françaises : contribution à une théorie de la décentralisation politique." Nantes, 1996. http://www.theses.fr/1996NANT4017.
Full textThis thesis sets out the theoretical basis of a french autonomy model, which should not be confused with autonomy as it is known in regional states (spain, italy) but which, nontheless, allows french territorial collectivities (local government) to make political decisions. In the first part, research shows that these collectivities do not have an initial normative power, that is a normative power both "original" (not the result of delegation) and "inconditional" (to be used directly on the base of the constitution). In the second part, the study shows that, as the competence (domaine of action) of local government is materially determined, independent use of normative power may be obtained. Finally the areas in which these collectivities may use their normative power, and the danger of "centralizator judgements", resulting from contentious regulation are envisaged in the third part of this thesis (translation : alison paratt)
Maherzi, Djalel. "Le financement des collectivités territoriales en Algérie." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/in/theses/2009_in_maherzi_d.pdf.
Full textIn Algeria, if there is a problem of current events, it is that one which concerned the financial situation of the local government. Recently created, they must be endowed, in a short delay, with organs necessary in the functioning of the local public life, and for the promotion of the local development. Despite the effort furnished by authorities and the possibilities given to the local government, it seems that the financial resources miss and the possibilities of management are far from being complete. So, the constraints, which weigh against the implementation of the process of autonomy, compromise its real perspective. This global view gives an idea of the gravity of the situation of local government facing a transforming environment which appears under two major aspects: on one hand, their financial capacity remains limited and controlled by the state (1st part); on the other hand, the financial structure of their budgets is dominated by a certain type of tax system, which remains nevertheless insufficient to cover local needs (2nd part). The problem of the local finance is suspended at present between a political positive theorical speech and a totally contradictory reality
Dumontier-Seynaeve, Catherine. "Les directions départementales de l'équipement face à la décentralisation." Amiens, 1987. http://www.theses.fr/1987AMIE0002.
Full textThe controversy between the ministery of Equipment and the "department" councils' presidents, regarding the conditions of partition of the "departmental directions of Equipement", within the framework of the decentralization, leads to set the problem of the change that those administrative structures deep-roated in the local environment will experienced. The reform of "the departmental directions of Equipment", contrary to the passed evolutions that have been the main outcome of administrative body strategies, will result of a combination of factors : some of which impose a dynamic and some others offer a resistance
Dony, Alexandra. "Réformes fiscales et dotations de compensation : contribution à l'étude de la libre administration des collectivités territoriales." Montpellier 1, 2005. http://www.theses.fr/2005MON10062.
Full textObame, Sylvain-Ulrich. "Décentralisation et reconstruction de l'Etat gabonais." Thesis, Université Grenoble Alpes (ComUE), 2016. http://www.theses.fr/2016GREAD004.
Full textTo assert the necessity of reconstructing the Gabonese State by the decentralization, it is to recognize implicitly that the State built by the authoritarian, totalitarian and centralist Jacobinism reached(affected) its limits. That the State in its current, present shape of the deficiencies, the weaknesses, even the breaches(negligences). In every case, it means that the model proposed up to there failed and could more not be enough to face the challenges to come. That is why a reconstruction of the State by the decentralization requires(demands) to look what can be capacities(measures) to be taken being able to exactly favor the emergence of a new state entity.In the question, which does it need to reconstruct really? The bottom of this thesis(theory) specifies that it is about reports(relationships) Centre-Périphérie. Yet(now), exactly " the reconstruction of the State " is a project of "redevelopment" of the country on new guiding principles. How then can we reconstruct the State? He(it) would be doubtless relevant to proceed, on one hand, to a consolidation of the redistribution of the roles within the State and, on the other hand, to a promotion(class) of a new conception(design) of the role of the State, become the focal point as well for the Gabonese political class, for the citizens that for the thorough lessors. This reconstruction turns out then democratic and she can emanate substantially only from territories today
Doussou, Mohamed. "L’expérience communale en Mauritanie : une approche analytique et critique." Thesis, Perpignan, 2019. http://www.theses.fr/2019PERP0004.
Full textIn Mauritania decentralization has gone through several phases. The first that dates from the colonial period continued until after the country's independence in 1960. The second one, post colonial is that of the early eighties with the basic text in the matter, governing the organization and functioning of the municipalities, in this case Ordinance 87-289 of October 20, 1987, repealing and replacing Order No. 86-134 of August 13, 1986. During this period, the communal experience in Mauritania oscillates between, legal and institutional mimicry according to the French metropolitan model and a real desire of the state to initiate its own decentralization policy in line with the challenges of the development. It must be noted, however, that there are limits to the systems put in place (French model and model properly Mauritanian) because of the inadaptability for the first that is not made for Mauritania and therefore does not take into account the cultural social parameters of the people and for the second that sinned by lack of realism in the implementation of the decentralization policy. Nevertheless, hope that Mauritania will achieve true decentralization, with local authorities which are more or less freely administered with real autonomy of management to generate their own development, is allowed with the administrative reorganization that makesof the region a decentralized entity through the constitutional referendum law n ° 2017-021 of 15 August 2017 revising certain provisions of the Constitution of 20 July 1991 and its modifying texts
Bony-Cisternes, Romain. "Collectivités locales et développement urbain au Vietnam : approches juridiques et pratiques de la décentralisation." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0033/document.
Full textVietnam is a one-party state, centrally administered. This centralization stems from Vietnam's History and does not fit to the increasing urbanization of Vietnamese cities. As drivers of Vietnam's growth (since the early years of Đổi mới policy, at the end of the 80's), Vietnamese cities still suffer from serious impediments related to excessive administrative centralization. Although insufficient, greater decentralization is required to address the phenomenon generated by a fast and uncontrolled urbanization (rural exodus, cities extension, land management, access to core services, transports, preservation of public goods, air quality, access to housing, environment, etc.) and to allow local governments to gain greater financial autonomy (the need for urban infrastructure is constantly increasing). Our main hypothesis is that the local governments (comprising People's Committees, Local sections of the Communist Party of Vietnam, local state-owned enterprises) should be the financial focal point and decision-making center of urban development in Vietnam. Which decentralization do Vietnamese local governments need to address urban-related phenomenon? Which legal background for local governments autonomy in Vietnam? Our PhD research will seek to answer those interrogations
David, Michaël. "La décentralisation de l'environnement : essai sur l'administration de l'environnement par les collectivités locales." Bordeaux 4, 2000. http://www.theses.fr/2000BOR40054.
Full textMedzo-Me-Ntetome, Olivia. "La décentralisation au Gabon : bilan et perspectives." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0245.
Full textWhile the adoption of law 15/96 on the decentralization marked the ambition ofGabon to establish a genuine process of empowerment ok local government management its implementation has, to date, no yet reached its full potential. On the contrary, decentralization in Gabon appears blocked or stalled. And this is essentially the attempt to explain this impasse and to evaluate the means of revitalizing the process that this thesis will concentrate heard.Having noted that the difficulties in deepening the decentralization process aremanifold, that is to say at once legal, structural, socio economic and political, it finds that a genuine revival oh that is highly subject to a complete overhaul of its various aspects: transferring skills, supervisory power, mode of financing local government, etc...However, it leads to a central question. Whether ultimately the future ofdecentralization in Gabon is necessarily in their depth. In other words, given the difficulties observed, there does not need to repeat the whole processus and question its feasibility and its actual need?
Duranthon, Arnaud. "Subsidiarité et collectivités territoriales : étude sur la subsidiarisation des rapports entre État et collectivités en droit public français." Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10039.
Full textThe place subsidiarity might hold within the definition of the relationship between the State and local authorities is subject to intense academic discussion. For a long time, most academics seem to have thought of this concept as absolutely incompatible with French public law, based on the unitary form of the State, which confines the evolution of the State’s relationship with local authorities to decentralization, implying, by definition, an opposite movement than that of subsidiarity. This position has been seriously questioned by the consecration of a principle inspired by subsidiarity through the constitutional revision of 2003, which must be received as an invitation to a renewed reflection on the nature of French public law’s connection with this concept. Comparing the way law organizes relationships between the State and local authorities with the principle of subsidiarity implies the adoption of a particular position. The solution lies in an original use of subsidiarity, which, instead of being conceived in a normative manner, must be seen as a descriptive and analytical tool. The purpose is to let subsidiarity become a standard to which the evolution of the law will be confronted, rather than making it a guiding principle of the relationship between the State and local authorities. The aim is then to show that if, taken in a synchronic meaning focused solely on their definition by substantive law, certain traditional notions which govern the law of local authorities seem to oppose the development of subsidiarity, this impossibility can be countered, or at least seriously decreased, by the observation of movements these same notions experience in a diachronic perspective, thanks to which law’s irreducible tendency to take into account requirements inherent to the subsidiarity principle is revealed. This implies throwing the relationship between the State and local authorities in a conceptual approach which, even though it appears rather foreign to French substantive law’s normative structures, seems to characterize a latent and unconscious form of its evolution, in the observation of which academics could attempt to find new keys to describe substantive law which would allow to overcome the obstacles of its traditional analytical frames
Dölek, Rukiye Mehtap. "L'Union européenne et les collectivités locales turques." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1031.
Full textAfter a long process, Turkey became a candidate country in 1999 and started to negotiate with the European institutions in 2005. Turkey is indeed committed to harmonizing its political, juridical and institutional system with the EU. Certainly, it is only Turkish state which is taking part in in these negotiations, local authorities are however concerned. Since 2003, the government has established reforms in order to modernize public administration. This modernization is based on “Turkish decentralization” which enables to reorganize relationships and the division of expertise between the state and local administration to which laws give administrative and financial autonomy. Thanks to the introduction of various instruments, territorial communities law is changing. Many indications that the EU is at the origin of these mutations. Assuming that the practice of member states leads to the recognition that the EU and local administrations function as partners, the Turkish local administrations are aspiring to a new role regarding the EU. This partnership is based on multi- level governance. Nevertheless, neither the Turkish law or the EU law, favor the position of local administrations in this politic. Besides, some relations that local administrations have within the EU, lead to a true integration
Chabellard, Frédéric. "Décentralisation et discipline budgétaire du secteur public local." Pau, 2003. http://www.theses.fr/2003PAUU2002.
Full textThe theory of fiscal federalism has recently recognised the importance of imposing a hard budget constraint to subnational administrations in a multi-tiered government. In the first part, we analyse the financial relationships between central government and subnational governments, and we provide a first survey of the emerging literature on soft budgets in multi-level governments. Then, we analyse the recent experience of developed countries. Applied to the case of French "communes", this theoretical framework leads to point out sources of strategic behaviour that would result from the decentralisation process, should the "péréquation" and fiscal financing of "communes" not be modified. The second part analyses the consequences of tax competition on the budget constraint of private partners (PP) of local authorities. Horizontal tax competition increases commitment capacity and may impose a hard budget constraint to PP. This result leads to overhaul the tax assignment problem. Then the thesis considers different types of financing federal government and shows that the source of financing matters for the status of PP budget constraint. Finally, it is shown that vertical tax competition may lower the commitment capacity of local authorities and then entails a soft budget constraint equilibrium
Diallo, Ibrahima. "Effectivité du droit sénégalais des collectivités locales dans le cadre de la décentralisation administrative." Paris 1, 2002. http://www.theses.fr/2002PA010301.
Full textDia, Amadou Hamath. "Décentralisation et développement local : le cas de la vallée du fleuve Sénégal." Toulouse 2, 2006. http://www.theses.fr/2006TOU20097.
Full textThise thesis analyses the process of implementation of decentralization in three territorial authorities of the river Senegal (Kanel, Ndiayenne-Pendao, Ross-Béthio). The rural community, whose creation goes back to 1972, gradually stands out as the agent of a double political legitimacy and action. The beginning of a "local order" around the elected officials shows that on behalf of its "usual strangeness", this level of community becomes a relevant framework of organization and impulsion of the territorial dialogue. Thus, animated by the agricultural country elite, autonomous local scene emerge. So the politico-traditional channels, formerly controlling local space, do not disappear but are adjusted. However, on account of limited resources of action, the rural community seems not the actor of the development, but rather as the elected institution which plays the part of cooridnation and animation of the actions of development related to its territory
Ould, Bellamech Ahmed Mahmoud. "Décentralisation et développement communal en Mauritanie." Paris 2, 2002. http://www.theses.fr/2002PA020128.
Full textRicordel, Pascal. "Économie politique de la décentralisation." Paris 1, 1994. http://www.theses.fr/1994PA010066.
Full textThe political economy of decentralization deals with the intermingled political and economic dimension of the decision of a unitary state to decentralize its powers. The framework of this work is based on the "public choice" litterature which helps to enlighten the behavior and power of every actors involved in the decentralization process. The study is divided into three parts in the first part, we argue about the logic of behaviour of the central state : the theoretical stakes of the decentralization for the collectivity as a whole and for the central state, as a special a ctor, are shown. In the third part, bureaucracy, interest groups and individuals are introduced into the analysis. The framework so achieved helps to understand the local public choice in a decentralized unitary state which is based more on "voice-mechanism" and the abilities for individuals to join clubs than the traditionnally-minded "exit-mechanism"
Akouète, David Coffi. "Décentralisation et politiques sportives locales au Bénin (2003-2008)." Toulouse 3, 2012. http://thesesups.ups-tlse.fr/1742/.
Full textThis thesis analyses the sport policies of local communities in the context of decentralization in Benin. Since the year 2003, according to the existing legal texts, the local Beninese community must assure the development of sports on their land as the physical and sportive activities (APS) are considered an important mission of public service. This principle, inherited from French colonisation, globally remains little implemented in a country confronted with economical, social and political realities that are very different from those of France. In this context, what strategies are mobilised by the local communities to develop their sports policies? To answer this question, the survey draws on several methods of data collection: questionnaire-based survey to local communities and local sport directors as well as to different groups of sport practitioners, a literature review, and interviews with certain local authorities. The first part of the results analyses the quantity and quality of sport equipments present in the community. Sport equipments constructed by the state favours high level sport and are unequally distributed within the country. In the communities of Benin, sport equipments are insufficient and inappropriate to the demands of the sporting public (sport associations, self-organised sports practitioners, and schools). This poor adaptation of equipments to social demands explains on the one hand a communal land issue and by the weak economical development of the communities, and on the other hand, by an incomplete transfer of competences from the State to the local communities and by the bad land-use planning by the state before decentralization. The second part examines the procedures of municipal policy making, the resources mobilised and the constraints on local actors. The results show that the weak level of interaction between the decentralized State bodies and the local communities do not facilitate the emergence and development of local sports policies. However, a certain number of conditions permit the communities to act: the size and stability of the budget allocated to the APS, the integration of sports equipments and management plans, or the presence of a sports service. The municipal sports policies in Benin are thus rather located in the first stage of their structuring and they are oriented by a problem of an affirmation of a local identity and the reputation of the elected. In this regard, as in many African francophone countries after independence, these municipal policies promote more often than not, performance sport, inappropriate strategy to socio-cultural, economic and financial realities of communities. The last part discusses different types of communities and local sports policies encountered in Benin in the context of incomplete decentralization. The local sports policies vary significantly from one community to another depending on the segment of the population to which they belong. Thus the communities can be regrouped according to the sports policies adopted, from the more "passive" to the more "active", the sport not having the same status according to the group to which they belong. The production of monographs of three communities amongst the most active, show that within these communities, the sectors of intervention differ according to the characteristics of the community (size, location. . . ),the local sports history, the voluntarism of the elected representatives, and their preferred use of sports
Touré, Guétondé. "Décentralisation et performance des collectivités locales : le cas de la mairie de Yopougon à Abidjan en Côte-d'Ivoire." Nancy 2, 2003. http://www.theses.fr/2003NAN20003.
Full textGorge, Anne-Sophie. "Le principe d'égalité entre les collectivités territoriales." Aix-Marseille 3, 2009. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D7982%26nu%3D15%26selfsize%3D1.
Full textThe territorial units’right may designate, offhand, a free local administration’s right, on the understanding that the territorial units shall be free to govern themselves through elected councils under conditions determined by law. Moreover, it may seem that the principle of equality is a human person’s right and, in fact, based on eminently human values. Against this first impression, we can note that the principle of equality is a fundamental right which the positive law recognizes as vested in the territorial units. Consequently, the principle of equality set out the fundamental rights’guarantee and the judicial technics of protection (constitutional principle of no-tutorship, objective of equality). No doubt, the absolute equality can’t be achieved and the positive law is forced to admit some cases of inequality. But, the principle of equality between the territorial units lay down, through its differents acceptations and notwithstanding the notion of category, the protection of territorial units and the protection of the Republic. Furthermore, the principle of equality form a part of the Republic’s motto. By becoming a territorial unit’s right, it permit, through its relations with free administration of local authorities and solidarity, the blooming of the territorial units
Sidi, Mohamed Ould Abdayem. "La décentralisation en Mauritanie : aspects juridiques et socioculturels." Paris 2, 2002. http://www.theses.fr/2002PA020090.
Full textFilâtre, Daniel. "Autonomie locale et décentralisation." Toulouse 2, 1992. http://www.theses.fr/1992TOU20008.
Full textTo analyse the local autonomy permit to measure the process at work in the movement of decentralization that reorganize in France since 10 years the relations between the state and local collectivities. The evolution of these relationships can be observed in the prospect of the social change and the appearence of regulation's new forms. Instituted actors of local circle, territorial collectivities are taking their places at the turning point of relationship between the public sphere and the private sphere. They find there the origin of their autonomy. The decentralization sanction by institutional measures these evolutions and allow to local collectivities new modes of action. The study of one local innovating policy - here universitary delocalization's policy engaged since the 1980s - permit to understand how local autonomy is constructed now. At each policy engaged, local actors affirm their capacity to act and are conducted to define new r les of game that overpass traditional forms of the public action based on a rigid relationship between the state center and local peripheries. It appears then a concurrence, conflict and competition's game where the choice of partners is an essential factor of autonomy in the local political space
Boudine, Joël. "Les finances publiques des collectivités territoriales des D. O. M. Et la décentralisation." Paris 1, 1988. http://www.theses.fr/1988PA010295.
Full textSempastous, Vincent. "La péréquation financière en droit des collectivités territoriales." Electronic Thesis or Diss., Toulouse 1, 2020. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247226030.
Full textThe concept of financial equalization is not a concept specific to the law of local authorities. In general, it refers to a technique of financial distribution. However, when applied to a specific law and to particular subjects, it is necessary to precisely define this notion and to identify the implications of the application of such a technique in a decentralized unitary state. Financial equalization between local authorities is a redistribution of resources intended to endow each local authority with the capacity to administer itself freely. This definition, however, does not correspond to the implementation of financial equalization today. Due to its extreme complexity and the vagueness surrounding its constitutional definition, the spirit of financial equalization seems to have gone astray at the risk of making this tool the instrument of the recentralization of the state
Gueguen, Romaric. "L'action internationale des collectivités territoriales françaises dans le cadre de l'État unitaire." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32017.
Full textAlthough the State traditionally benefits from an uncontested monopoly as regards international issues, the current trends of law have led to the expansion of territorial authorities' international competence. Besides, this concession has recently increased both quantitatively and qualitatively. These changes seem to be inherent to the actual context of decentralization; yet they necessarily raise some questions as far as state organization is concerned. Indeed, in the scope of a unitarian state, especially when dealing with a sphere of competence which is characterized by state supremacy, such developments need to be discussed. In positive law, the international competence of territorial authorities hinges upon two types of juridical mechanisms. On the one hand, decentralized cooperation enables territorial authorities to have infra-state international relationships. On the other hand, the derived international competence allows some French territorial authorities to develop international relationships with foreign states. Yet, both methods of international action by territorial authorities can differ considerably from one category of territorial authority to another. Even more so, overseas territories, which usually testify to the territorialisation of law and an emphasized juridical sense of identity, illustrate the fragmentation of international action by territorial authorities. Consequently, the unitarian scheme of the French Republic may be called into question for two reasons. Not only does the State enable its territorial authorities to interfere in the kingly sphere of international relationships, but it also tolerates a territorially differentiated application. Notwithstanding, the international action of territorial authorities cannot alone constitute a motive of massive change of the unitarian state. Yet it definitely is a relevant step forward: a state that shares the exercise of external sovereignty with some of its territorial authorities is indeed a fine example of unitarian relaxing
Barella, Xavier. "Les collectivités territoriales et la loi en droit public français." Toulouse 1, 2011. http://www.theses.fr/2011TOU10045.
Full textRelation between two notions can be possible only if they are envisaged in the same field. Concerning local authorities whose aim is social organizing they can only be apprehended with a juridical approach as far as law is concerned. So as to be analysed this relation has to follow a dynamic proceeding when the law appears as an active principle. It generates and determines local authorities to turn into real juridical elements. Consequently only the study of this relation with the dialectic between the unity and the multiplicity can reveal the true nature of this relationship. Local authorities have to obey the law as they are produced by the unitary state. The law shapes local authorities thus changing them from law elements into juridical ones. They enter a juridical system and are considered as factors that create and possess the law at the same time. The evolution of the elements defining the law along with the existence of a competition are as many factors thaht justify to challenge this obedience. The pluralism factor pervades the legal norm more and more and the variety of territories is taken into account by the unitary state. The 2003 constitutional revision along with the goals of the reform of December 16, 2010 lead to ponder over the qualification of the state organization and also over the new dimension between the relation of these two notions
Abdoulkader, Hassan Mouhoumed. "L'organisation territoriale de la république de Djibouti : une décentralisation de papier ?" Paris 13, 2013. http://www.theses.fr/2013PA131012.
Full textZenouda, Florence. "L'organisation constitutionnelle des collectivités régionales et locales en République Sud-africaine." Paris 1, 1998. http://www.theses.fr/1998PA010299.
Full textThe political and constitutional history of south africa deals with issues related to territorial organization of the state caused largely by the diversity of populations with as corollary the parceling of the country. For several centuries, the principles of racial segregation and separation of races has dominated. The apartheid institutionalized in 1948 ended up to create autonomous or independcnt +black states ; in order to deprive black population of the south african citizenship. The idea of sharing political power emerged in 1983 but no real will of change had been revealed before 1990. Problems related to regionalization and democratic recognition of provincial and local authorities are in the heart of the debates which ended up to the transitional constituion of 1993. Decentralized organs are regulated and their powers and functions guaranteed by the "constitutional principles". The constitutional court is responsible for the respect of these principles among which one establishes the right of each province to elaborate its own constitution and another one confirms the powers given to traditional authorities. Until now only a few provincial constitutions have been submitted to obtain the certification of the constitutional court. The province of kwazulu natal proposed a project tending to a large autonomy, close to the independence of the province. It was rejected by the court. A second province, the western cape presented a project less oriented towards federalism which was certified by the constitutional judges. After several corrections imposed by ihe constitutional court, the final constitution of 1996 achieved the processes of regionalization with the establishment of intergovernmental relations. Although they were inspired by foreign models, the constituents did not state in favor of either federal or unitary south african state. However, the problem of the form of the state is steal not solved and its evolution remain unpredictable
Kouomegne, Noubissi Hilaire. "Décentralisation et centralisation au Cameroun : L'exemple de la répartition des compétences entre l'Etat et les collectivités locales." Paris 1, 2012. http://docelec.u-bordeaux.fr/login?url=http://www.harmatheque.com/ebook/9782336009469.
Full textCascales, Gonzalez Aline. "La compétence enseignement et la libre administration des collectivités territoriales." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1059.
Full textThis work is a study of the place of local authorities’ educational competence in view of their constitutionally recognised administrative freedom. The first part seeks to demonstrate that, in managing this competence, the local authorities’ administrative freedom is merely an illusion. They are now solely responsible for the administrative and technical management attached to that competence, and we find in particular that their objective in this area is increasingly being reinforced. So many responsibilities have been transferred to them that today we can speak of educational decentralisation. This first part also examines the ins and outs of financial management attached to this competence, particularly in the difficult context of declining State allocations to the local authorities. The second part of the analysis demonstrates that communities are stifled in their local management by, inter alia, activities associated with education, activities that are imposed upon them. This is the case with school transport or the school cafeteria, not to mention the new reforms sought by regulatory agencies, such as the minimum intake service and extracurricular activities, which are very restrictive measures for communities. Finally, we find that the school of the past is evolving. This evolution is characterised primarily by transfer of the community’s educational competence towards intercommunality
Hahonou, Eric Komlavi. "En attendant la décentralisation au Niger. . . : dynamiques locales, clientélisme et culture politique." Paris, EHESS, 2006. http://www.theses.fr/2006EHES0250.
Full textThis research explores local dynamics toward decentralisation process in the Republic of Niger before the implementation of the reform. It enlightens the negotiated character of the reform between local powers and the national government. Based on a long term fieldwork, the dissertation describes and analyses the daily governance of public goods and services in rural and semi-urban localities in Northern and Western Niger as well as local actors' strategies to access power positions in future municipalities. The competition between "customary" chiefs, civil servants, associations' leaders, non resident natives ("ressortissants"). . . Takes place in modern institutions such as political parties and development associations. It is necessary to take into account political systems and the political culture in which the "municipalization" model will be implemented to get a better understanding of the local reappropriation of the reform. Clientelism, "localism", factionalism, "neo-patrimonialism", electoral opportunism, the "politics of the belly", negotiation processes and consensus appearances. . . Are some components of the political culture of Niger
Boillot-Burg, Christel. "La décentralisation coopérative : contribution à l'étude des rapports entre l'Etat et les autres personnes publiques territoriales." Dijon, 2002. http://www.theses.fr/2002DIJOD008.
Full textThe "cooperative decentralization" characterizes the system of the inner organisation which the French State opted for. Although the cooperation isn't a classic element of the theoretical definition of the decentralization but rather an element of federalism, it contributes as a principal operating direction to reinforce and preserve it from an evolution towards federalism. The cooperative decentralization knew significant historical, political and juridical hazards but its democratic legitimacy contributed to maintain its development. The juridical management which the cooperation between the State and the territorial collectivities had the advantage of, both on constitutional and legislative spheres, improved and determined its juridical maturity. The cooperation of public collectivities isn't uniform. Actually she knows different degrees or intensities depending on whether it unites the State with the territorial collectivities or more especially brings the only territorial collectivities together. This it serves their free governing in a variable way. This thesis intends to show the balance which the French cooperative decentralization reached to-day, following on the achievement of a cycle of legislative reforms and constitutional revisions in 2002 and without judging in advance its possible further evolutions
Avenot, Aimé Félix. "La décentralisation territoriale au Gabon : essai sur un phénomène d'institutionnalisation selon le mode mimétique." Cergy-Pontoise, 2007. http://www.theses.fr/2007CERG0320.
Full textVery often, to adapt itself to the phenomena of globalization and escape so a sort of internal exile, countries in the South of Sahara are obliged to align themselves with the standards of development (and the underlying values) of dominant countries, all the more so as this adaptation mobilizes the resources of the international cooperation for the development. It remains that the adoption at home of institutional solutions produced under other heavens, in a national history and a value system different from his, always raises a problem of joint with the human desire, With the order of the symbolic representations which animate almost insidiously the lawsuit of constitution of the social. The transposition in the Gabun of the french model of decentralization does not escape this difficulty. The transposed decentralization has hardly chance to be the object of an appropriation if it is not relieved by a social meaning sending back to the daily referents of the Gabonese, to the categories of identification which connect them with the reference community. He goes away of the legitimacy of the public institutions and their capacity to produce effectively the indispensable normative effects
Legendre, Jean-Baptiste. "La libre administration des collectivités territoriales à l'épreuve de l'obligation d'équilibre budgétaire." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMR142.
Full textAs a result of decentralisation, local authorities enjoy a constitutionally acknowledged free administration. Taking this as a starting point, it appears that the local authorities’ action comes within a remit characterised by freedom. In this way, due to their activities, local authorities are bound to have a deep impact in terms of public subsidies. This is not so only because their action is peculiarly exercised at a local level and closely felt by the citizens, but also because it is influenced by various stakeholders who may express freedom through several modalities. The local authorities’ exercise of free administration, including the skills it entails and allows to develop, is likely to have financial consequences. To start with this presentation is an invitation to consider the existence of necessary resources for the financing of the freedom implemented by the local authorities. This will then bring us to acknowledge that the fulfilment of such a freedom is likely to generate expenses. Thereby, as local authorities exercise free administration, this brings upon an intensified financial activity on their side. In this context, the comparison between the amounts of revenues and expenditure may bring about the issue of a balanced budget. Moreover, taking it into consideration may even confer a prescriptive value to it. Thus, considering the budget balance as a standard will allow us to outline a new approach to the local authorities’ free administration. Inasmuch as a contradiction between them may be pointed out, the local authorities’ free administration is being put to the test by the rule of budget balance. However, this contradiction, which is initially anticipated, is likely to be taken over by local authorities. It is with this aim in view that an appeal to responsibility as an element external to the conflict between freedom and balance will change its terms. So two logics are conceivable - either local authorities are led by a sense of responsibility to the benefit of their free administration and embrace budget balance for the sake of the benefits that may derive from it - which would enhance heteronomy -, or they are led to consider budget balance as an inherent rule to freedom and to apply it as a proper law by duty and regardless of its beneficial effects - which would amount to autonomy
Kernéis, Mathilde. "L'autodéfinition de compétences par les collectivités territoriales et la délimitation de territoires de l'action publique : vers un nouvel ordre territorial ?" Rouen, 2012. http://www.theses.fr/2012ROUED001.
Full textThis thesis tends to prove the existence of an option for local authorities to self-define a part of their roles and responsabilities while remaining in the paradigm of unitarian state and without affecting the principle of unity of the law. Making it, this autodefinition of roles and responsabilities leads to the demarcation of new territories of local public actions, emancipated from the classic administrative apportionment of communities : associations of local authorities
Cornaille, Kareen. "Les provinces expressions administratives et politiques de la Nouvelle-Calédonie." Montpellier 1, 2006. http://www.theses.fr/2006MON10052.
Full textVilain, Yoan. "L'État et les collectivités locales en France et en Allemagne : étude comparée des limites constitutionnelles à la décentralisation." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D078.
Full textThe legal doctrines distinguish traditionally two different models of vertical separation of powers: the unitary state and the federal state, France being supposed to represent the first, Germany the second. Moreover, it is generally acknowledged that federal states are more respectful of local freedoms. However, the decentralization reforms carried out in France and in Germany oblige to question the relevance of this doctrinal assumption and to review the current state of knowledge on the legal systems of both countries. This research is based on an original approach seizing the federalism by the prism of local autonomy and comparing the legal situation of the "local government authorities", respectively in a unitary state and a federal state. ln addition, this comparative research is based on the decentralization theory of Hans Kelsen. This allows avoiding the use of the traditional doctrinal classifications that remain largely determined by the national reference frame. This examination of the legal relationship between central and local authorities allows to note a significant convergence between France and Germany regarding the formal and material protection of the right to local autonomy, in particular due to the constitutionalization of local government law in France. This first research result is confirmed by taking into consideration the "power of surveillance" of the central state on the local authorities, the legal opportunities to interfere in the self-government being even more restricted in France than in Germany. This reveals that federal states are not necessarily providing a greater legal protection of local autonomy than unitary states
Ayoub, Salam. "La décentralisation administrative et l'attractivité territoriale : le cas du Liban." Nice, 2012. http://www.theses.fr/2012NICE0023.
Full textThe legal basis of the Lebanese administration is rooted in the centralizing traditions of Ottoman and French. The Taif Agreement provides for the adoption of extended decentralization on the small scale units to ensure local participation. But the various projects and proposals of laws that have been developed during the years ninety and two thousand, without ever being adopted, do not reflect a genuine desire to effective decentralization. Municipalities and their associations, the only decentralized communities in Lebanon, have neither the skills nor the resources that enable them to play a role in territorial development. Lebanon is characterized by a territorial divide, spatial concentration of economic activities, and confessionalisation of its territory. These national characteristics determine administrative reform attempts in the Lebanese context. Globalization brings up a new perception of the territory. In this context, it is necessary to undertake reforms to assign decentralization an economic dimension and grant to decentralized communities or authorities the necessary skills and resources, both human financial and legal, to encourage their contribution to improving territorial attractiveness
Albertini, Jean-Benoît. "Contribution à une théorie de l'Etat déconcentré : éléments pour une mise en perspective du renouveau de la politique de déconcentration administrative en France depuis le début des années 90." Paris 5, 1996. http://www.theses.fr/1996PA05D008.
Full textAfter having allowed at the term of a slove but nevertheless regular evolution to assert the hold of the central authorities throughout the whole land, "devolution" - that is autonomy granted to local, as separate from central, government - covers since the end of the eighties a number of stakes, a certain content, and deeply renewed ways of action. If the growing complexity that marked the definition and implementation of public policies has in the course of time called for a readjustment of competences between the various levels of administration, nowadays several evolutions combine to present new perspectives to devolution : administration-users rapprochement, place of pride given to "local" and managment in public administration, responsabilization of local decision-makers, and these orientations lie from now on in the general trend of state reform. Several series of legislative measures and regulations have given to such reforms a political dimension and a legal basis wich lacked until now and have lead to modify in depth the organisation and working of local administration : emphasis on interdepartementality, increased coordination between the various local public policies and so on. However, the relegitimation of public action and the "second wind" that a french model of territorial administration could get in this way require that certain choices be implemented concerning the transferred services as well as the organisation of governmental work
Quilichini, Paule. "Logement social et décentralisation." Orléans, 1998. http://www.theses.fr/1998ORLE0004.
Full textThis dissertation deals with the issue of the impact of decentralisation on the distribution of competences and on the relations between public collectivities as far as social housing is concerned in choosing to put forward the passage from a housing- to a dwelling- policy, the author points to a transformation in public action itself. This evolution is first expressed through a growing participation of local collectivities in the national housing policy : a compulsory participation when policy-makers impose on decentralised authorities a direct intervention into the enactment of this state-policy; a voluntary participation when local (municipal departmental and regional) elected representatives intervene through their respective competences concerning town-planning, social policies, urban policies. . . This sharing of responsibilities between public collectivities is part and parcel of the wide move towards the territorialization of public policies which doubly affects housing policies. First it encourages the development of the institutional and conventional partnership between all the actors concerned. It also affects the working of the housing public service through the widening of the assignments and relations of + h. L. M. ; (council housing) organizations. Thus the housing policy has experienced, in just a few years, a major conceptual evolution which has led it to integrate notions about dwelling, responsibility and partnership. It now has to find the most relevant partnership tool and territorial level to take into account the globality fo the changes linked to the emerging of local dwelling policies within a decentralised institutional framework
Diop, Omar. "Etat, décentralisation et populations : analyse des capacités développantes des collectivités locales au Sénégal : exemple de la commune de Thiès." Paris 8, 2010. http://octaviana.fr/document/171348818#?c=0&m=0&s=0&cv=0.
Full textSenegal, like many other African countries, engaged to the way of political and administrative decentralization to enhance development process. The new local collectivities are in very sluggish conditions, compromising their viability, and efforts of cooperation between NGOs, associations and local populations, are not well articulated. This research demonstrates the leaders’ error of prospect consisting first in imitating France decentralization model, and then, creating artificially entities that are unable to sustain popular dynamics. The research also questions concepts of development, local development or any other qualification applied to the concept of development. It shows, through concrete examples, the emergence of the District as the most effective entity for powering popular dynamics and helping populations meet their basics needs
Devineau, Julie. "Les mutations de l'Etat territorial : décentralisation, mobilisations et politiques indigènes au Mexique, 1970-2004." Paris, Institut d'études politiques, 2008. http://www.theses.fr/2008IEPP0042.
Full textSince the 80s, the decentralization and administrative devolution have created a new political space for local public policies in Mexico. Economic liberalization and the slow-moving democratic transition have redefined the objectives and the means of the state, as well as the nature of intergovernmental relations. We examine in detail the transformations of the bureaucratic state apparatus in rural regions, its institutionnal diversification, and its effects on the coherence of public policies. To do so, we compare the implementation of two local policies (ethnic laws and municipal infrastructure) in three rural territories (the Sierra Juárez in Oaxaca, the Huasteca Potosina, and the Lake Region in Michoacán). The implementation of decentralized public policies doesn’t have the same political impact: local state building depends first on history-rooted forms of collective action, then on the preferences of local political elites, and, finally on governors’ style of leadership
Pardo, Florez Fernando Alexei. "La décentralisation de l'Etat en Colombie : Evolution d'une politique publique." Paris 2, 2006. http://www.theses.fr/2006PA020060.
Full textEl, Harchaoui Abdelghany. "La décentralisation régionale au Maroc." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1001.
Full textFrom the beginning of the 20th century, the region was a constant activity occupation for the central power in Morocco. To apprehend it we need a synchronic and diachronic analysis. Moreover, in Morocco, the regionalization is a long and slow process crossing several periods and also discerning various reforms. Nowadays, it represents an important point in the process of decentralization and as well a main actor of development. Nevertheless, a deepened reading of the legislation instituting the region creates a certain number of inadequacies. It misses so many coherences in the contents as cohesion in the law's texts. Imperfections which seem difficult to correct while it is outlined on the horizon a reform - in gestation – aiming the refondement of the legal bases of this institution
Briant, Vincent de. "L'action commune en droit des collectivités territoriales : contribution à l'étude de l'exercice en commun de compétences." Paris 2, 2007. http://www.theses.fr/2007PA020009.
Full textBesson, Élise. "L'encadrement constitutionnel des relations financières entre l'État et les collectivités infra-étatiques : recherche en droit comparé sur la garantie constitutionnelle de l'autonomie financière des entités territoriales." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32086.
Full textFinanciel autonomy is a main component for the local governments' autonomy. In light of comparative law, this research intends to examine the various aspects of the local governments' financial autonomy as guarantee by the (French) Constitution, and protected by the Constitutional Court. This research allows for greater expansion of the vision of financial relations between the national and local governments in France, thanks to the comparison with other countries that have a system of vertical distribution of competences that is different than that of France. This research looks into the perspective of the current French system compared to the American, Spanish, Italian and other such models. This comparative perspective allows for the identification of both the convergent and divergent points between the various state governance models, and aims to highlight the working of the French guarantee for the local financial autonomy protection
Fatih, Mohammed. "Le statut de l'administration locale marocaine." Rouen, 1986. http://www.theses.fr/1986ROUEL005.
Full textThis thesis is about the study of the statue of Morrocan local administration. The preliminary part which was didacted to the historical evolution would show that the local administration does exist before the protectorate. Moreover, the "jemaa" institution reflected a local autonome. Reorganizaded by the protectorate authorities, these traditional local institutions lost some of their force after the independance adding the setting of local administrative structures based on the new technics of the local administration : the decentralization et the deconcentration. The structures of territorial deconcentration are better surrounded than in the past with the creation of new territorial administrative executives. However the foreign department who has a technical efficiancy did not tend to a better territorial division. The process of territorial decentralization was advanced by the "commune" according the reform of its own statue of 1976, it remains limited at the second local collectivity : the province in which the governer has double functions. The financial constraints, the problems of under-developpement of local arias made us wonder about the reality of territorial decentralization in other African countries. So with our analysis we end with the following conclusion : the morrocan experiment of decentralization is logic regarding the oder cases which were studied, and the principle is also moderated. Finally its effectivity is reduced to African countries under-developpment context
Chambrin, Marie-Hélène. "L' Impact de la coopération décentralisée sur le fonctionnement des institutions locales : le cas de Figuig (Maroc)." Paris 8, 2010. http://octaviana.fr/document/150170505#?c=0&m=0&s=0&cv=0.
Full textIn a context of globalization and economical liberalism, the “local” seems to be a good solution to reach the Millennium goals and responds to the needs of the population. At the international level, aid to development policies, too impregnated by colonialism, had shown their limits. Good governance and decentralization are the heart of the conditionality imposed by the financial backers. Decentralized cooperation, which allows the setting up of partnerships, local authority to local authority, is often seen as a tool to strengthen decentralization, and also a good way to take into account the populations' will. Through the partnership, established in 2000, between the City of Figuig and the sub-region of Seine-Saint-Denis, we shall study the impact of the actions led, on the relationships between the local counsellors, the employees of the municipality, the civil society and the State, at the local level, on the Figuig side. We shall study the changes that occurred in the functioning of the local services, in the recognition of the city by the central government. We shall see that women are occupying progressively a new position in the local society. But we shall notice as well that decentralized cooperation had had no effect on the deepening of the decentralization process