Dissertations / Theses on the topic 'Décentralisation administrative – France'
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Bénoit, Jean. "Théorie juridique de la décentralisation administrative en France." Paris 2, 1990. http://www.theses.fr/1990PA020114.
Full textCOMPARISON BETWEEN THE LOCAL COMMUNITIES AND THE DIFFERENT PUBLIC Artificial PERSONS CONCERNING FACTS AND LEGAL DATA (METHOD OF ANALYSIS, APPLICATION). THE STATE. ITS TWO ASPECTS : POLITICAL LEADERSHIP AND PROMULGATION OF LAWS ; APPLICATION. DISTINCTION BETWEEN THE "GOUVERNEMENTALE" FUNCTION AND THE "ADMINISTRATIVE" FUNCTION. DISTINCTION BETWEEN "DECENTRALISATION TERRITORIALE" AND : FEDERALISM; "DECONCENTRATION TERRITORIALE" AND "DECONCENTRATION PAR SERVICE" ; "DECENTRALISATION CORPORATIVE". LOCAL MATERS (WAYS OF DEFINITION, THE RELATIONSHIP OF THE SPECIFIC MATERS OF THE DIFFERENT COMMUNITIES). LOCAL FINANCE (FINANCIAL POWER PROBLEM). STATE SUPERVISION. POLITICAL SOCIETY, CIVIL SOCIETY, ADMINISTRATIVE SOCIETY. VALUE OF THE LOCAL LIBERTY (TOCQUEVILLE)
Amadei, Jean-Pierre. "Domaine public et décentralisation." Montpellier 1, 1996. http://www.theses.fr/1996MON10006.
Full textThe link that binds "public domain" to decentralization reveals that law concerning public properties embody an institutional problem. Public domain was misinterpreted and confused with territory. Confrontation of free local administration with public "domainshif" generates mutual influences. In the first place, the public domain-system comprehends the decentralized parts that are being played. In the second place, as far as facing imperatives of free administration is concerned, it appears that public local "domainship" is transformed and autonomized. That deterritorialisations of domains. Public domain is being purified and recentred on a functional logic
Kihouoko, Gouari Désiré. "L'évaluation des politiques publiques : décentralisation et problèmes méthodologiques." Montpellier 1, 2004. http://www.theses.fr/2004MON10023.
Full textAl-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
Sainati, Gilles. "Décentralisation et systèmes experts : applications d'urbanisme communal." Montpellier 1, 1986. http://www.theses.fr/1986MON10007.
Full textAfter the law of decentralization, the local authorities find out new powers but also ambushes of an complex administrative law. Expert systems tools start a new way for the local data : spreading out tools able to relieve the public decider on his juridical choices and attend him in resolving complex problem. The principal field is urban management. Two prototypes realised during the search show the practicability of these tools. The principal difficulty is in the extracting administrative knowledge. Thus, we have to examine the epistemology of the decision in administrative law. These new datas are consisting by knowledge (knowledge data base). It's an revolution for the relations between administration business and people, more particularly in consideration of the french act on 6th jan. 1978 concerning liberty and data bases
Fressoz, Pierre. "Décentralisation et droit de la fonction publique." Paris 1, 1996. http://www.theses.fr/1996PA010312.
Full textThe intersection of decentralization and public office concepts mainly concerns the local public office (though, decentralization also affects the state public office). Four paradigms measure the consequences of decentralization on the local public office: are the state and the local civil servant's statutes on all fours? Is the local civil servant's statute united or not? Is it subdued to public law or not? Does it shelter the local civil servants or not? The local civil servant's history shows that their statute has progressively gone public, united, protective and equal to the state civil servant's statute. The law no 84-53 of Jan. 26, 1984, consecrates this evolution in order to improve decentralization; but this law did not satisfy the local-government authorities. Therefore, the two main reforms (laws of Jul. 13, 1987, and Dec. 27, 1994) of the law of Jan. 26, 1984, have increased the local "autonomy", to the detriment of the unity and parity of state and local civil servant's statutes. And finally, these two reforms have not improved decentralization
Hoeffel, Dominique. "La place du département et de la région dans la décentralisation en France." Université Robert Schuman (Strasbourg) (1971-2008), 1989. http://www.theses.fr/1989STR30002.
Full textThe statute of march 2, 1982 pertaining to the "rights and freedoms of townships, departments and regions" in France is the result of a progressive evolution. The transformation of the "region", which has become a territorial collectivity elected by universal suffrage since 1986, represents a certain inconsistency in the nature and evolution of the relationship between local collectivities, and especially between the "region" and "department". Conflicts and considerable additional costs might be caused by the many steps of general administration. Since the elimination of either the "department" or the "region" is out of the question, there must be a way of getting these two levels to work together based on the fact that they complement each other instead of having them quarrel with each other on the grounds of legitimacy, rationality and fields of competence. Thus, it seems necessary to establish a minimum set of rules, to redistribute certain fields of competence in order to clearly define the roles and functions of the respective collectivities, i. E. The "department" could focus on administration ("administration de gestion" in french), whereas the "region" could concentrate on performing specific tasks ("administration de mission" in french). Co-ordination between these bodies is essential to avoid a situation of ruleless competition which would mean a return to the tutelage of the central
Houteer, Christine. "Recherche sur les bases constitutionnelles de la décentralisation territoriale." Toulouse 1, 1987. http://www.theses.fr/1987TOU10004.
Full textThe 1946 and 1958 constitutions have put the emphasis on territorial decentralisation, thus stressing the fact that it corresponds to the state's way of existence. An examination of the articles of the 1958 constitution that deal with decentralisation, as interpreted by the constitutional council, shows that decentralisation has been given a constitutional dimension that cannot be passed over
Ricordel, 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"
Steinmetz, Marie-Pierre. "Les conventions entre personnes publiques territoriales dans le cadre de la décentralisation." Metz, 1989. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/1989/Steinmetz.Marie_Pierre_1.SMZ891.pdf.
Full textThe lows on decentralisation (over the period 1982-1989) allow territorial legal entities to conclude conventions between them (intercommunal charters for development and regional planning, conventions on the provision of services, planning contracts, individual contracts. . . ). This thesis sets out to chart this movement as an alert observed, while, at the same time, exending the analysis beyond a mere commentary, by seeking to situate the conventions within the distribution of power. The following questions have been dealt with : are conventions means of coordinating official interventions ? Do the methods and results meet expectations ? Are conventions a new method of administrative management? What is the legal value of the conventions have on the legal and institutional planes ?
Filâtre, 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
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
Mhiri-Abid, Henda. "La contractualisation de l'action administrative en France et en Tunisie." Angers, 2013. http://www.theses.fr/2013ANGE0062.
Full textIn a comparative perspective, this PhD dissertation deals with the french and Tunisian experiments of contractive and administrative actions. The French contractualization included three phases: the contractual economy, the territorial Administration and the "all contractual". The first phase is present in the laws and practices of the Tunisian experience. The territorial Administration is lacking in Tunisia because of the limitations of decentralization and the breach of contractual freedom of local authorities. Unlike in France, the contract in Tunisia does not extend to the royal domains. That is why I proposed to retain a phase which I call the "era of the partial contract". The contractualization movement of relationships between public persons and private people was renewed in both countries with the notion of public-private partnership. The public-private partnership mobilizes delegation contracts and public procurements. In addition, public-private contracts are specific to France and extend the contractual field of administrative action, but it does not exist in Tunisia. That said, the public-private partnership agreements still develop in concession contracts, the digital economy, within the scope of land intervention perimeter, environmantal protection contracts and contracts of BOT, BOO, BTO and LBO. However, if the advances of contracting are irresistible in law and in practice, it is limited in both countries. The risk of legal security in one of the main limitations of contracting. This includes the issue of legal status of contracts between public persons, the reclassification of some contracts between public persons and private people, the contract unilatera
Rodier, Henri. "L'administration du Trésor public à l'épreuve de la décentralisation (1982 à 1997)." Bordeaux 4, 1998. http://www.theses.fr/1998BOR40045.
Full textThe purpose of this research is to show that the public revenue department of the french treasury has, among all the traditional government services, been the most successful one in assimilating the changes brought about by government decentralisation, using this process as an opportunity to modernise its relationship with the local authorities. The first part of this demonstration, dealing with the consequences of decentralisation on the. Public revenue department, presents an analysis of the legislative measures stipulated in the law of march 2nd 1982. These new specifications clarify public finance law : the right of requisition, the definition and designation of legally acceptable supporting documents, the creation of revenue offices within the administrations of each "departement" and each "region", the creation of regional audit courts. In the second part, special emphasis has been laid on the newly acquired durability in the unicity and standardisation of public accountancy introduced by the law of march 2nd 1982. This durability reveals itself as one of the key elements of this decentralisation : it is enforced by a network of public accountants, providing the local authorities with an indispensable organisational foundation within the veryprocess of evolution, thanks to their stability, the efficiency of their working methods and their culture. However, this permanence in the public revenue service should not be perceived a sign of narrow-minded, self-centered attachment to the. Past : an association between permanence and the necessity of change is indeed one of the main challenges of our times. Prodded by competition, mainly between the various financial organisations, and stimulated by the enhanced financial role of the local authorities introducing new management methods in localadministration, this permanence affords unprecedented opportunity for development and improvement. Thanks to the decentralisation and modernisation of local government management, the public revenue department, withoutrejecting its traditions, is now introducing new management techniques and is acquiring a new language, setting it on a par with other competitive organisations. In one word, this service, is acquiring greater professional efficiency. This process has led to a whole series of reforms in response to former critical assessments : the reform of city council ac
Ben, Riana Sami. "Essai de réflexions critiques sur le modèle français de la décentralisation territoriale." Toulouse 1, 1989. http://www.theses.fr/1989TOU10015.
Full textThe model of "décentralisation territoriale" organizes a reproductive function of the local. Its purpose is the legal unity of the social group, structured by the capitalism liberalism's social logic, taking account of the local's ethical ideological richness to unify. The dialectic "état-collectivité territoriale" legalizes this domination, from the imposition of a own institutional nature of the "collectivité territoriale"
Darles, Alain. "Le centre communal d'action sociale : le bureau d'aide sociale dans la décentralisation." Tours, 1991. http://www.theses.fr/1991TOUR1001.
Full textFrom its origin the former structure of a social background was basically constitued on a solidarity of neighbourhood. The communal center of social action comes from this human event and it appears as an up-to-date sign of something that exist no more. The communal center of social action presents itself since both the decentralization and the pertaining l aw taken in 1986 as an organisation which comes up-to-date in term of juridical settlement through a wide heteregenous legislation. The own effects of this legislation taken altogether make a reform as important as the one which, in 1953, had given birth to its predecessor, le "bureau d'aide sociale" (social welfare office). Therefore the communal center of social action is the result of a process giving rise to a deep mutation of its institutional conditioning. In add, a re novation of its juridical system and the widening of its field of intervention make it open from now to the "local socia l development". From this topic, the reform has given to the communal center of social action the juridical context with out efficient means (financials and dimensionals). Therefore the reform leaves the communal center of social action a li ttle poorer than before it took place. So that on the institutional survey, this public establishment status confers it an autonomy, that is more than ever a juridical front having for only function to allow the individualization and the di versification of some aspects of the social communal politic
Le, Gall Valérie. "Le régime juridique des compétences déconcentrées des administrations civiles de l'Etat au regard de l'acception française de la notion de déconcentration." Rennes 1, 2003. http://www.theses.fr/2003REN10002.
Full textAnalyzing the legal system of the State civil administrations' devolved competences involves clarifying the notion of devolution as the latter is the subject of different doctrinal approaches. The study of this notion confirms the classic acception since, for a devolution measure to be perfect, it has to consist in allocating to an official a competence that he or she exercises under the hierarchical control of his or her superior and in a territorial framework which is more limited than the one coming under the latter. The analysis from the angle of the conditions of creation, exercising and suppression of devolved competences shows that within the state administration, the devolution movement has increased over the past years, but remains fragile. Indeed the State central authorities have increased the degree of devolution as they wish, to undertake a larger regionalization of the public action. Yet, at any time, they can call into question this process. Indeed, the extension of the devolved sphere poses within the administrative system new problems notably linked to the conditions in which the competences are divides between the various authorities of the different State administration districts
Mergey, Anthony. "L'État des physiocrates : autorité et décentralisation." Orléans, 2007. http://www.theses.fr/2007ORLE0003.
Full textVigne, Natacha. "La région et ses départements : étude des rapports entre deux échelons de décentralisation." Lyon 2, 1990. http://www.theses.fr/1990LYO22003.
Full textWithin the framework of the decentralization reform started in 1982, regions have turned into territorial communities as well as they have acquired abilities and a new legitimacy. At the same time, departments to which they are added are maintained and reenforced. As communities linked to them, regions are particularly feared because they would threaten the autonomy of departments. How does the law organize the coexistence and relations between these two levles of local government ? The past concerning regions shows that their territories and representative structures have stemmed from a process in which the importance of departments is decisive. Nowadays regions are still bound by departements because these ones have been promoted electoral wards by the county councillors. In that context, the instruments of the law which are of a regional predominance, such as planning or interventions in the economic field, come up against oppositions from the part of departments. The magistrate in charge of cases concerning local governments has been called to rule hypotheses concerning conflicts which are not totally inexistant. Similarly, texts encourage collaboration, as the development of dealings stipulated by contracts testifies
Keruel, Anne. "Les sens de la décentralisation : pouvoir et frontière depuis 1981." Paris 9, 2001. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2001PA090048.
Full textIm, To-Bin. "L'administration de l'Etat face à la décentralisation : l'évolution du système d'action des préfectures." Paris, Institut d'études politiques, 1993. http://www.theses.fr/1993IEPP0003.
Full textThe decentralization of 1982 has given to local politiciens more autonomy and independance so that the French prefect's role has been marginalized. Contrary to his traditional authoritarian image, today's prefect is more active in the area of economic development. Instead of simply controling and commanding others, the prefect has become closer to the local press and the different agencies of the state administration in a loosely coupled system. This means the end of the "systeme complexe de regulations croisées"
Roggero, Pascal. "Des communes dans la complexité : représentations et politiques." Toulouse 1, 1997. http://www.theses.fr/1997TOU10068.
Full textBecause the French local status has long represented a model, we may use it to ask ourselves what the French "exception" is. Looking for ideological and cognitive foundation, one can realise they are deeply impregnated with the eighteenth century French philosophy and mechanist and positivist conception of the world. As this mark lasted through centuries, it seems today to hinder a genuine decentralization policy. Hence, a complexification of the representation of the relationship between the state and the towns seems necessary to carry on the decentralization started in 1982. But such an evolution depends on the way the districts deal with the relative autonomy which has been imparted to them. Through the study of the development of university education policies of two medium-sized towns such as Castres and Albi, it is possible to illustrate the use of their autonomy by the towns in a relevant field to estimate the reconstruction of the relationship among public communities. But, in order to describe these complex policies - for, due to autonomy albeit limited of the districts - one must use of an organized action constitutes a good basis, even if we consider it necessary to propose a complex reading of the concept of actor, action and system of concrete action. Applying these concepts, one can attempt to differentiate the policies conducted by the above-mentioned towns, particularly in the field of university education according to their level of complexity. In many respects, these policies could be move complex. So, as much on the level of town policies concretely implemented as on the level of representation upon which French town status is founded, a complex enrichment could allow a real decentralization
Jeong, Okju. "Les communes et le développement local en France et en Corée." Paris 4, 2003. http://www.theses.fr/2002PA040253.
Full textOur research deals with the appropriateness between the administrative territories which stem from tradition and the functional territories which derive from the contemporary economic and urban mutations, in France and in Korea. We aim essentially to understand the structuring of different territorial levels and to find the scale where the strongest territoriality is crystallized, as interpreted in the actual territorial recomposing process. In comparison with the purely local commune, its counterpart (in emotional attachment to the population and in the role that it takes as a local government), the si-gun, is defined as an intermediate between the local and the regional level, similar to the arrondissement. In France, intercommunal cooperation has occurred, whereas in Korea the gun has been divided up. However, the latest policy - French pays, Korean si urban and rural - is converging on a local level in which the urban center and its rural hinterland are of a complimentary nature
Kada, Nicolas. "Le préfet et la déconcentration sous la cinquième République." Grenoble 2, 2000. http://www.theses.fr/2000GRE21006.
Full textKerrouche, Eric. "Corps préfectoral et représentations de l'État." Bordeaux 4, 1997. http://www.theses.fr/1997BOR40041.
Full textThis doctorat thesis focus on the prefectorial body, prefects and sub-prefects alike. The administrative organisation was studied from the central idea of "representation", in other words the way in which the members of this corps view the state, how they represent it and in what manner they behave. The study, built around non-directed interviews and a questionnaire, was realised in three stages. Firstly, the present role of the state representative was analysed, which put light on the disruption of the local politico-administrative system post-decentralisation and on the new relationship between the local authorities and the elected representatives. Thus it was possible to highlight the reasoning behind the professionalisation which has developed at the heart of the administrative corps. Secondly, the affective "rapport" which exists between the representative and the state is explained. A lexicometric study of definitions of state and of the general interest given by the respondents of the questionnaire showed that the state is seen as a symbolic construction founded on "order" as opposed to the "chaos" which is equally well represented by the "exterior" as by particular interets. It was also possible to illustrate the impact of the dichotomy between the public sector and the private sector, as experienced by the prefects and the sub-prefects. In the third and final part of the thesis, the process of professional socialisation within the administrative body is given our attention. There we note that a long period of apprenticeship is necessary for the "youngest" in order r to master what is required of them. More generally speaking, it was possible to identify the progressive internalisation of the constraints by the state representatives
Tamai, Ryoko. "Le système de la fonction publique territoriale en France et au Japon : une analyse comparartive des processus d'évolution." Bordeaux 4, 2009. http://www.theses.fr/2009BOR40032.
Full textFocusing on the characteristics of contemporary local government system, the French and the Japanese cases could be categorized under the same model. However, their evolutions have taken different courses. This study focuses on the examination of public personnel systems and policies on the local government level in France and in Japan. Through a series of analysis, it will clarify the factors of these similarities and differences in two public personnel systems and policies. This study will seek to understand of the structure in the two respective countries : the administration, the political and territorial factors and the instruments of public policies. This, in turn, has legitimatized local civil services in the two countries politically, socially, and technically. A series of this analysis contribues to what extend the characteristics of these local government systems in France an Japan. The primary interest explores the structure of French local civil servants system and its characteristics. We turn first to the historical evolution in that system. It will also refer to the relationship between its national government ministers and local government. It will reveal ways of compromising between the tradition of civil service system and the local autonomy. The next part on the Japanese case will also take into account these factors. In the final part, it compares the institutional and political configurations in France and Japan
Galibert, Anne-Marie. "Décentralisation et pouvoir législatif : à travers deux siècles de débats et de documents parlementaires." Aix-Marseille 3, 1987. http://www.theses.fr/1987AIX32009.
Full textDelcamp, Alain. "Le Sénat et la décentralisation, 1969-1986 : de la défense des libertés locales à la mise en oeuvre de la décentralisation." Paris 1, 1987. http://www.theses.fr/1987PA010263.
Full textJoyau, 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)
Priet, François. "La décentralisation de l'urbanisme : essai sur la réforme de 1983-1985." Orléans, 1992. http://www.theses.fr/1992ORLE0001.
Full textActs of 1983 and 1985 have given powers to french "communes" in urban matters (master and local plans, planning permissions, land policy, comprehensive infrastructure schemes, operational urban planning). If the communes have used their new powers, all is not satisfying: national and local urban policies are wrongly integrated (for instance, the implementation of the coastal areas protection statute), urban rules change too often and there is not enough local cooperation
Guyomarc'h, Armelle. "La décentralisation de la protection et de la gestion du patrimoine culturel." Paris 1, 1999. http://www.theses.fr/1999PA010262.
Full textThe extension of local government for the protection and the administration of the cultural common inheritance of a nation looks like a paradox. The protection's juridical system of the classified historical monuments is based on a very strong administrative centralization. The 1887' and 1913' laws can be considered as the keyes of the administrative system. The public interest has available the only juridical intervention of the central state to protect the historical monuments by administrative procedures which are the classification or the inventory's inscription of culturel objects, realities or personnalities. This kind of protection is based on the special administrative police procedure which can be very compellable for the private or public owners. The cultural regionalism movement has pre-existeed to the political regionalism movement. This matter of fact has allowed local organizations to realize the importance of their own cultural historical monuments which was not protected by the classical laws ; of the nation. The historical monument's law based on the administrative policy doesn't give any possibility to the local organizations to protect by themselves whereas the majority of the cultural historical monuments belong to them. The extension of local governement since 1982 has allowed the local organizations to become public law's legal entities with rights and obligations. The competences' transfer in the cultural field has been minor, the classified historic monuments's juridical protectionhas been clearly ignored in this policy. The competence's transfer has been only reached in two categories : the archives' and public libraries' administration. Facing this juridical blank, the local organization has developped other juridical ways to protect and manage their historical cultural objects. The extension of local governement in the town planning has given them new methods of protecting their historical monuments. They also open out new institutionnal and operationnal means of management for their cultural objects (local civil servant, contracts. . . ). The expansion of communautary policy is a new challenge for them. But the rules are still commanded by the central organization
Fournié, François. "Recherches sur la décentralisation dans l'oeuvre de Maurice Hauriou." Toulouse 1, 2004. http://www.theses.fr/2004TOU10003.
Full textPresenting decentralisation as " a way of being of the State ", and decentralised legal entities as " others compared with the State ", the dean Hauriou drew a double approach of decentralisation a priori antinomical, in any case disconcerting. Nevertheless, this bias of equilibrium between unity and pluralism, between uniformity and diversity, passes through and explains all his work. It justifies in particular that the State can be considered in its complicated reality : based on One, it builds itself from contradictions. The balance appears then as a dynamic theory, the vitalist surpassing of an opposition which aims, through changing, to keep the structures that are, for the system, fundamental. In this point of view, the reading of the dean of Toulouse allows to give a positive content, and not only a negative one, to decentralisation. To the questionings on the implications of its "territorial" nature - territory appearing as the crucible from which are weaved social links -, replies a new definition - institutional - of decentralisation. Understood in this way, Maurice Hauriou's work invites us to renew the thinking about decentralisation. At the parting of the ways between one and multiple, passing beyond the problem of administrative organisation, and diving its roots in the dialectics of the individual and the State, it analyses in terms of process more than structures
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
Chabrot, Christophe. "La centralisation territoriale : fondement et continuité en droit public français." Montpellier 1, 1997. http://www.theses.fr/1997MON10054.
Full textMartin, Sabine. "Le contrôle a posteriori de la légalité des actes des autorités locales décentralisées : institué par les lois des 2 mars et 22 juillet 1982." Nancy 2, 1990. http://www.theses.fr/1990NAN20003.
Full textThe law of March 2nd 1982 set down the principles for establishing the unfettered administration of the various local structures by elected councils and thus radically altered the relationship between local and central government. It is the symbol of the rupture between the old and new orders. Under the old system, the prefect had the power to declare null any decision made by a local authority which he considered illegal and also to control projects which he judged inopportune. Since the passing of the defferre law, local authorities' decisions are rightfully executor as soon as they are published or officially notified and where major projects are concerned as soon as they have been communicated to the prefect. Under the new system, the prefect's powers are limited. All he can do is detect any illegalities. If he finds one, he can no longer sanction it himself by cancelling the incriminated decision, but merely inform the administrative tribunal. However, practice and jurisprudence have profoundly modified the interpretation of the roles of the prefect and the administrative tribunal just as they have also changed the conception of the legal nature and the regime of the "déferé prefectoral
Salles, Denis. "Politiques publiques et décentralisation : les plans d'occupation des sols dans les communes rurales." Toulouse 2, 1993. http://www.theses.fr/1993TOU20068.
Full textIn the eigthies, the decentralisation reforms in france have produced institutionnel changes in forms of implementation of public policies. The competences in the spatial planification have been transfered to the local authorities. Some years after the reforms, the succes of the "plans d'occupation des sols" (regulation planning for using land) in the rural communes appears as the result of the corporatist strategy of "directions departementales de l'equipement" (state offices at the local level). However, the eighties are a transition period. During this period, we can observe a progressive change from state policies to local policies. New local autonomy leads to a diversification in local planification. In this research three investigation have been used. An analysis of the issue of decentralisation inthe planification field. A survey of local authorities and mayors of a sample of 380 rural communes in the west-south of france
Cinieri, Yvan. "L'identité des DOM de la décentralisation à l'ultrapériphérie." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32033.
Full textFabre, Alibert Véronique. "La decentralisation et les services publics culturels." Reims, 1991. http://www.theses.fr/1991REIMD002.
Full textThe 22 july 1983's statute organizes a limited decentralization as regards the cultural public services in france. However, this institutional change in local government gives rise to a new movement in cultural action. To be success full this reform needs a general partnership between all the local authorities as well as a new concept of the state's functions in this matter
Chabane, Yann. "Unité de la République et droit fiscal." Rennes 1, 2010. http://www.theses.fr/2010REN1G023.
Full textProclaimed during the French Revolution, the principle of Republic unity which ensues from the first article of the Constitution is mainly based on the unity of prescriptive powers forbidding any competence devolution outside state authority and territorial unity, thus involving applicable legislation unity within the whole Republic. Therefore due to many tax competences given to the local government, the increasing impact of European laws on the subject and the numerous applicable tax regimes in the whole territory, we can legally ask if the current tax law in France does not harm the principle of Republic unity. Hence it is of interest to analyse the impact of tax law on this principle so as to prove that both domestic and European tax law do not detract this unity but only adapt it to current realities of decentralization and pursuit of more factual equality
Boudine, Joël. "Les finances publiques des collectivités territoriales des D. O. M. Et la décentralisation." Paris 1, 1988. http://www.theses.fr/1988PA010295.
Full textThalineau, Joël. "Essai sur la centralisation et la décentralisation : réflexions à partir de la théorie de Ch. Eisenmann." Tours, 1994. https://tel.archives-ouvertes.fr/tel-00356228.
Full textThis thesis propounds a definition of terms pertaining to the centralization and decentralization and from these definitions the thesis presents a discourse about the organization of the normative authority under the 5th republic. For this purpose the proceedings shaw, in the first part, that these terms relate to the insertions technics concerning the acts of the centralized and noncentralized administration in the field of jurisdiction, which are structured so as to distinguish between the power to decree and to ipede, as has been defined by montesquieu. The second part creates a base for the opposition between the tho terms on a different redistribution of the power to decree and to impede so that the centralization, without excluding the existence of the noncentralized judical administration, which will create confusion concerning this power, and this, to the benefi t of the centralized judical administration. Besides that, the decenralization will provoke a division of the power to decree between the centralized administration and noncentralized administration which is guaranteed for them by the mutual authority to impede. The change of this reciprocity characterizes an intermediate situation which is called "deconcentralization". This definition of terms gives tise to fear fo the organization of the normative autority in the entire hierarchical legal system. On one hand, this reasoning is applied to the french legal system in the third part as far as the integration of france into the super national juridical systems is concerned, while, on the other hand, the diversity of her internal nominative organization provides an exemplary frame of concepts
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
Charlery, Corinne. "Les services déconcentrés et la modernisation de l'État." Paris 1, 1997. http://www.theses.fr/1997PA010297.
Full textThe civil service keeps a very important part in french society. The development of the social group is conditioned by the capacity of administration to become much more efficient. Until 1982 to 1992 different governments proposed a very original politic of modernization in order to adjust french administration to institutional transformations and new social needs. This experience tried to change the traditional organisation of the administration with the intention of modernising management, increasing the part of the civil servants in the decision process and especially, giving local administration a bigger part in french administration. Because of this kind of administration had been taking the most advantage of this reform, it was interesting to study the real transformations is had engendered. But it was equally necessary to make appear the lacks of this politics which didn't allow to realize a fondamental reorganisation of local administration
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
Bardin, Michaël. "L'exécutif régional en droit comparé : essai sur la présidentialisation d'une institution en France, en Espagne et en Italie." Toulon, 2009. http://www.theses.fr/2009TOUL0055.
Full textUnder the same classification of regional executive are gathered very different institutions depending on the states. This difference is expressed as much in the form that the regional executive takes, as in the extent of the missions which are entrusted to it. However, in any case, this executive is an essential element to the good performance of the regional community in as far as it is at least the “power to execute” of the area but more often and more widely the “capacity to impulse” of this community. The configuration of the regional executive and the extent of its mission depends directly on the role which the official organization grants to the regional community. Indeed, the apprehension of the role of the area varies from one State to another, because it is conditioned by the form of the state and so by the type of decentralization implemented. The selected decentralization determines the regional institutional organization strictly. However, in spite of the differences, the components and legislators of each state have had to face dysfunctions of the regional institutions or sought to improve the operation thereof. With this intention, they employed means intended to rationalize this organization by developing the executive function and its representative, so supporting the presidentialisation of the regional institutions. Certain means are often inspired by those which made national parliamentary modes evolve but other evolutions are creations inherent to the regional structure. In any event, all these evolutions tend to develop the role of the executive and make it possible to identify a movement of presidentialisation
Haddab, Karim. "Le système politico-administratif de la ville de Paris : pouvoir des maires d'arrondissement et réforme de décentralisation interne." Paris 4, 1988. http://www.theses.fr/1988PA040029.
Full textThe political administrative system of Paris, self-governing since 1977 (M. Chirac elected mayor), presents the following features : - the undisputed leadership of the RPR's president - a government by a confined and catch all power committee - a numerous and various administration, very integrated by top of pyramid (general secretary, vertical management, principal mayor's assistants) which impose a quantitative and abstract rationality, ignorant of players and different sectorial publics. - The attraction of associations and private interest groups (buffer associations extra-municipal commissions. . . ), combined with fusions and relays in the wards. The shyness of the P. L. M. Law, the right's victory (1983,1986) and the systemic- cultural resistances (bureaucratical and feudal political logics) has stopped all deep; evolution. Most certainly the mayors of wards own a real power, essentialy based on their electoral legitimity and their relational ability ; but they don't exploit it in favor of a taller local democraty : trendly, they reproduce the central logic. So, the administereds' participation at the qualitative manage- ment of local public goods and services stay weak and unequal. Actually, we can't change the political-administrative system by decree. .
Berrached, Philippe. "L' organisation territoriale de l'Eglise catholique et de l'administration publique en France." Paris 2, 2008. http://www.theses.fr/2008PA020078.
Full textTamali, Djamel. "La recomposition des territoires infra-départementaux : entre le département et la commune, les territoires de projet : les pays et les agglomérations." Grenoble 2, 2006. http://www.theses.fr/2006GRE21010.
Full textIn this work, we study the emergence of new intermediate territories between the commune and the department, the territories of project : "pays" and agglomerations. By mobilizing an important documentation with a preoccupation with a reflexion which exceeds to it only legal approach with the profit of a more global solution which associated the right, the history, the economy, the geographical and sociology, the analysis shows that the dedication of these territories knew strong resistances before 1990. The first part treats their hesitant dedication. We show, in the light of the last experiments that, contrary to the other European States which constituted of the intermediate levels based on the existence of territorial communities, France made the choice of the communal crumbling (chapitre 1). This precondition us a made it possible to explain not only the hesitations of the reforms of the years 1960-1970 to develop the "pays" and the agglomerations (chapitre 2), but also the paradox of the reforms of the years 1982-1983 which, while revalorizing them, move away any idea to found a new intermediate level (chapitre 3). The second part approaches the renewed interest for the territories of project, which marks a rupture compared to the former readings. First of all, we present their institutionalization by the LOADDT of 1999 which defines the framework of the joint project of development on an agglomeration and "pays" scale (chapitre 4). Then, we show their legal structuring (chapitre 5). Lastly, by theorizing the territories of project, underlining us their role in the process of modernization of the State and the territorial public action (chapitre 6)
Rousseau, Guillaume. "L'état unitaire et la décentralisation en France et au Québec : identité nationale et identités régionales." Thesis, Université Laval, 2013. http://www.theses.ulaval.ca/2013/30141/30141.pdf.
Full textBarella, 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