Dissertations / Theses on the topic 'Droit communautaire africain et européen'
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Bougouma, Ousmane. "La libre circulation des marchandises en droit communautaire européen et UEMOA." Rouen, 2013. http://www.theses.fr/2013ROUED006.
Full textThe free movement of goods is one of four Communitu freedoms enshrined in the Treaty on the Functioning of the European Union and the WAEMU Treaty. They form the four « pillars » of a Common Market. The alter ego of Articles 28 to 37 TFEU in the Euroepan Union are aticles 4 and 77 to 81 of the WAEMU Treaty. These two texts have the same spirit ; the ambition to liberalize trade between the Member States through the establishment of a principle of free movement of all valued in money and as such may form the subjet of commercial transactions. The free movement of goods is indeed an essential community freedom. Community freedoms have a daily influence on the livres of citizens of the community and without the free movement regimes no community developments are possible. We look through this thesis, primarily the letal framework of the WAEMU free movement of goods and hence he level of completion of the common West African market. The conclusions, however, are mixed. The WAEMU normative sustem of free movement of goods is faily consistent and recall the EU model. But the integration requires more than beautiful texts, it takes effort on the part of Member States to take part, so beneficial, to the global economy
Sane, Claude MIchel. "La mobilité des sociétés de l’espace OHADA : étude à la lumière du droit européen et international des sociétés." Thesis, Pau, 2017. http://www.theses.fr/2017PAUU2019/document.
Full textApart from the direct objective of the Organization for the Harmonization of Business Law in Africa (OHADA) to standardize the law, its indirect objective relates to the creation of a large common market. However, regarding the difficulties for companies to transfer their registered office from one member state to another, we can see that the existence of such market is still not a reality for them. Therefore, it appears that the only standardizing of the corporate law by OHADA is not sufficient to allow them to perform their cross-border mergers. This research shows thus that OHADA needs to change and to transform itself to put in place a real right to mobility in the community area for the companies. Like the European Union, it should complete the legal integration by an economic integration setting up a freedom of establishment, including border restructuring operations. But this right to mobility should not be abused. OHADA will have to find a balance between facilitating the mobility and protecting efficiently minority shareholders, employees and third parties rights. Similarly a balance must be struck to solve the conflict of community norms in the restructuring operations legal regime, since it is a recurrent problem for OHADA space
Santos, David Pina Antunes Dos. "Propriété intellectuelle et droit communautaire." Paris 2, 2002. http://www.theses.fr/2002PA020133.
Full textSiammour, Madjid. "Parafiscalité et droit communautaire." Paris 2, 2000. http://www.theses.fr/2000PA020032.
Full textMichea, Frédérique. "Cohésion sociale et droit communautaire." Rennes 1, 2003. http://www.theses.fr/2003REN10001.
Full textRamet, Stéphanie. "Le droit communautaire et la famille." Paris 1, 2001. http://www.theses.fr/2001PA010302.
Full textBarbou, Des Places Ségolène. "Nationalité des personnes physiques et droit communautaire." Nancy 2, 1996. http://www.theses.fr/1996NAN20005.
Full textThe aim of this prospect is to study the mutual relations between nationality and EC law. The first part presents the enshrinement of nationality by EC law. Legal link being a matter for national legal system, nationality is also the European criteria that delimitates the personal scope of EC law. Thus, although the competence to conferral and withdrawal of nationality is a matter for national competence, this competence is progressively controlled by EC law. In the second part, the mutation of nationality is observed. One of its main characteristic disappears: nationality cannot be any more a criteria of discrimination between the nationals of member states. And the European citizenship will certainly emphasize this evolution. As a conclusion, the idea of a European nationality is presented, that would complete the 15 nationalities but not replace them
Valcroze, Nathalie. "L'évolution des télécommunications et le droit communautaire." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX3A001.
Full textLecourt, Benoît. "Droit communautaire et constitution de sociétés." Paris 1, 1998. http://www.theses.fr/1998PA010291.
Full textEuropean community law has caused a complete overhaul of domestic law about the formation of companies. The merging of community law into the different european legal systems has operated to the detriment of community law, since the latter has melted away into the former. Yet, community law has contributed to deeply modifying such key notions as the incorporation procedures, the various checks operated by authorised officials, or the concept of artificial person. Over the past thirty years, as a result of directives and regulations, european community law has evolved into a body of rules applicable to all types of businesses. Indeed, community law aims at establishing rules applicable, on the one hand, to companies whose object is to make and share profits, and, on the other hand, to any grouping carrying out some kind of economic activity, such as profit-making associations or economic interest groupings. Thus, by laying down a new definition of what a company is, community law could well influence domestic legislative bodies into establishing a rational classification of all the types of businesses. However, by redefining what a company is, european legislations have laid the emphasis on all the acts related to the formation of a company, thus restricting promoters 'freedom of choice. In the future, european legislations may well have to take into greater account the widespread revival, in most european countries, of the notion of freedom of contract in company law
Retterer, Stéphane. "Monopoles publics et démonopolisation en droit communautaire." Toulon, 1995. http://www.theses.fr/1995TOUL0020.
Full textSidot, Éric. "Droit communautaire et OPCVM." Paris 1, 2002. http://www.theses.fr/2002PA010256.
Full textMele, Patrick. "Le droit de propriété en droit communautaire." Paris 10, 2006. http://www.theses.fr/2006PA100107.
Full textIn European community law, the right to property is examined mainly, it not exclusively, within the framework of an economic activity. The neutrality affirmed by article 295 implies a public appropriation of the means of production. In respecting this choice of economic policy, European community law tries to model the liberal principles that govern and legitimize private property as the foundation of a market economy (liberty, responsibility, efficiency) on public property in order to insure equality of treatment between the actors and an efficient functioning of the market. Although the European community legal order pronounces itself on fundamental rights, and recognizes the right to property as a fundamental right, this does not alter the economic perception of this right. Although the influence of the European Court of Human Rights as well as constitutional traditions determines the communitarian conception of property, despite this influence, the communautarian conception of property is rather original. Community law retains an economic definition of property and models a confusing and rather loose legal protection regime. This weakness is incidentally compensated by the indirect protection offered by economic freedoms: essential for the exercise of these freedoms, the right to property sees its national regimes reshaped in a direction that is favourable to property owners in order to ensure free movement of the means of production
Mouncif-Moungache, Mouna. "Les dessins et modèles en droit communautaire." Saint-Etienne, 2005. http://www.theses.fr/2005STETT078.
Full textThe croissant importance of aesthetic in the industry and the growth of international exchanges lead to examine the legal status of design. European community is the organization which allows the emergence of a legal system fitted to expectations of design rights owners and of good functioning of internal market. The European Community institutions are at the origin of a progressive integration of European legal system into design rights. It contributes to change this legal system. This movement is realized thanks to the institutions choice of two different but complementary ways. The first one consists of the framework of national legal systems. It has been realized thanks to the case law of the European Court of justice which is complete and complex and the vote of a directive which contains specific clauses. It is an essential stage for the birth of a common model of design rights. The purpose of the second one is the creation of a supranational legal instrument which is independent of national legal systems. The vote of EC regulation allows the emergence of a unitary protection which is defective considering the reference of national copyrights
Halimi-Dechelette, Claire. "Interventions nationales sur les prix et droit communautaire." Paris 2, 1992. http://www.theses.fr/1992PA020004.
Full textCommunity law recognizes a general competence to its member states, to act on the setting or prices. Such competence is limited by exceptions in some fields (coal, steel, nuclear materials, production or wholesale prices of products belonging to agricultural common market organisations), or by a comunity law "framework" in other fields (transport prices, retail prices of agricultural products). A progressive reduction of this competence can however be seen now, this statement, essentially, results from a wider and wider and wider application of the eec treaty, according to which national interventions on prices are likely to infringe rules of free circulation of goods and rules of free competition in the common market. It then results from progress in european construction, by means of harmonizing rules on prices in certain fields
Bonnet, Sylvie. "Principes généraux de droit communautaire applicables au droit pénal." Lyon 3, 1995. http://www.theses.fr/1995LYO33011.
Full textThis thesis intents to study the general principles of community law which apply to criminal law, and then, through this work, to discover which is the influence of community law on the criminal law of state members. In the first part, which treats of material criminal law, are recalled the general principles which influence the forbidding criminal rules and the penalty criminal rules. The principle of direct applicability and the principle of primacy are examined, the principle of criminal legality with the non-retroactivity, and problems set by the penalties applicable for protecting community law, the principle of non-discrimination and the principe of proportionality with penalties. In the second part, which studies the procedure criminal law are stated the general principles playing a part in the rights of the defense and in the judicial protection. It also includes the principle of the contradictory, the rights of prosecuted party, the principe of confidentiality, the principe by which no one is contrained to testify again oneself. And, we eventually find the principle of equality of person with the access of justice and in the prosecuting acts. That is to say that all people has a judicial action, and that the community law holds the criminal law in state
Prodhomme-Sadowsky, Marilyne. "Droit OMC, droit communautaire et fiscalité directe." Paris 1, 2008. http://www.theses.fr/2008PA010309.
Full textLécaille, Delphine. "Secret et confidentialité en droit communautaire." Lille 2, 2002. http://www.theses.fr/2002LIL20018.
Full textThoma, Françoise. "Le principe de subsidiarité en droit communautaire : sa signification et son impact sur la construction communautaire." Paris 2, 1998. http://www.theses.fr/1998PA020016.
Full textThe principle of subsidiarity has its origins in political philosophy and in the social doctrine of the catholic church. It has then successively progressed towards positive law and has been formalized, from a legal point of view, in article 3b of the european union treaty. The thesis analyses how the principle of subsidiarity has emerged in community law and has become a fundamental constitutional principle of such law. The analysis focuses on the question of the justiciability of the principle of subsidiarity and comes to the conclusion that such principle has a mediate justiciability, i. E. That it is justiciable only in connection with a substantial positive norm. As to the principle's consequences on european integration, such impact is double : on one hand, the insertion of the principle of subsidiarity in positive law implies the necessity of a reorientation of the interpretation of community supremacy and preemption towards a presumption in favor of the smallest level. Absent an explicit list of distribution of powers between the union and the member states, the starting hypothesis must be that the attributed powers are in principle shared and that the member states are presumed to fulfil their functions in a sufficient manner. Concrete examples show that the court of justice is currently inflecting its formerly very pro-communitarian position. On the other hand, the introduction of the principle of subsidiarity into positive law evidences a new interpretation of european 'federalism' : european integration goes beyond the traditional legal categories. It is built on a functional, dynamic and flexible model of distribution of powers, which powers are never attributed once and forever invariably ; the exercise of such powers by one or the other level is organized as a continuum. The new federalism is based on the support of the relevant populations, who require that the higher level justifies its interventions
Benabou, Valérie-Laure. "Droit d'auteur, droits voisins et droit communautaire." Paris 2, 1996. http://www.theses.fr/1996PA020100.
Full textThough copyright is not part, a priori, of the european community competences field, the community law yet takes in consideration the legal protection of creation. This phenomenom is divided into two complementary directions. It has first consisted in a try to conciliate national legislations about copyright and neighbouring rights with the principles of the rome treaty to ease the realization of an internal market. This approach has reveales its inadequacy, which explains why the community has next iniated an harmonization process, trying to organize a european regime for copyright. Only such an evolution is able to assure an appropriate level of protection for creation and authors inside and outside the community. This concern is not yet achieved. The european community, led by the necessity principle, is intervening step by step in this area. But the tangle of the questions always requires new adjustements, becoming particularly imperious at the time of technical revolutions. Copyright in the european community is coming up
Makarouni, Anastassia. "L'hôpital public français et le droit communautaire." Aix-Marseille 3, 1996. http://www.theses.fr/1996AIX32020.
Full textFrench public hospital is concerned by the european community law. There areno european measures concerning the harmonisation of hospital regulations, because of the differences between the health systems in europe and the lack of competence of the european community (a part from the article 129 ten). However, european hospitals have to face the same problems. A real hospital market is establishe d in europe. The public hospital interfere in that market as an economical operator community law enrich and support the aims of the public hospital and facilitates the development of a european consciene. In the field of the means of the hospital, the community roles pre ponctual and imperative. Those roles have been adopted for the realisation of the internal market (free movement of health professionals, medical devices, medecines, hospital contracts). Community law and a tranquil and slow mutation public hospital, situated in
Henry, Laurence-Caroline. "La concurrence et la politique communautaire du transport aérien." Nice, 1991. http://www.theses.fr/1991NICE0007.
Full textStoyanovitch-Salti, Yadhira. "La protection juridique des biotechnologies en Droit international, Droit communautaire et Droit comparé." Nice, 1989. http://www.theses.fr/1989NICE0001.
Full textTambou, Olivia. "Les rapports entre l'ordre juridique communautaire et les ordres juridiques français et allemand." Université Robert Schuman (Strasbourg) (1971-2008), 1997. http://www.theses.fr/1997STR30014.
Full textThe purpose of this thesis is to account for the relationships between the community legal order and the french and the german legal orders, organising in two parts the differences between the normative and the institutional articulation systems. The study of the normative articulation system shows the differences of conceptions between the domestic courts of the two States and ECJC. Connected with the specificity and the autonomy of the legal order of the community and the consequences that follow regarding the acceptance of the principle of immediatety and primacy. The institutional articulation system is analysed upon the way it affects the french and the german institutional structures. The procedures of participation for the national parliaments and the local governments in elaborating the community law are studied in order to determin how they contribute to the evolution of relationships between the different domestic authorities. The study of different wheels for executing the community law by the domestic authorities tends to question the possibility of understanding the community integration as a non-exclusive but possible factor of centralisation. The last chapter shall deal with the executing procedure of community law as a cultural integration factor taking as an example, the impregnation of local governments by the principles and the ideas conveyed by the community integration
Vigroux, Muriel. "L'accord international sur les marchés publics et l'ordre juridique communautaire." Toulouse 1, 1998. http://www.theses.fr/1998TOU10057.
Full textThe international agreement on government procurement (A. G. P. ) is a plurilateral agreement concluded in April 1994 under the auspices of W. T. O. European community and each member states are parties to this agreement. Its purpose is to create a free market, opened to international competition, in the field of public procurement for goods, works and services, and define in that way a serie of rules. Integration of the A. G. P. Into E. C. Legal order has raised legal problems relating to its coexistence with directive 93/38 concerning purchasing in the field of water, energy, transports and telecommunications. This directive applies especially to contracts concluded in the mentioned sectors by public and private undertakings holding exclusive or special rights, and its rules are adapted to the industrial and commercial activity of these entities. On the opposite, the A. G. P. Sets a legal regime for public procurement applied without distinction to public authorities (govememental or federal and local ones) and only public undertakings. Consequently, a normative conflict exists between the two norms which should have been resolved by the integration technics (direct effect or execution) of international law in the E. C. Legal order. The European institutions' choice for agreement execution instead of direct effect results as well as a legal analysis than an economic opportunity. Its emphasizes, in the same time, the confusion of international negotiation in this field regarding the purported objective, and the attempt to preserve ex post the specificity of the community law regime. On this last aspect, even agreement execution is reduced to the maximum. Last but not least, the debate at E. C. Level is not without any consequences on the A. G. P. Integration within the national legal orders, depending both on its character of mixed agreement and on E. C. Implementation already into effect
Salviejo, Caroline. "Le principe de sécurité juridique en droit communautaire et européen." Montpellier 1, 2003. http://www.theses.fr/2003MON10009.
Full textYoo, Jung-Joo. "L'influence du droit communautaire des dessins et modèles sur le droit des dessins et modèles en France." Nancy 2, 2005. http://www.theses.fr/2005NAN20007.
Full textFugier, Christelle. "L'effet créateur du contrôle communautaire dans le domaine des affaires." Aix-Marseille 3, 1996. http://www.theses.fr/1996AIX32015.
Full textThe object of this thesis is to prove the creative effect which results from the control of the commission and of the court of justice of the european communities in the private and public field of business. In all the sectors which have been studied: agreements, free movements of goods, patent right and copywright, relations between states and their public companies, the creative effect is the same. It can be decomposed in three phases: a mission of control, a surpassing of this mission, for politic or economic reasons. This creative effect has resulted in the private field of business at the creation of a new business law and in the public field of business it has involved a new organization of the powers of the states. Indeed, states have new obligations, less powers because of the commission which has decided to manage, to lead the european economies
Zaki, Moussa Halima. "Regard sur l'efficacité du système juridictionnel dans les espaces d'intégration en Afrique : cas de la CEDEAO, de la CEMAC, de l'OHADA et de l'UEMOA." Thesis, Normandie, 2018. http://www.theses.fr/2018NORMLH32.
Full textThe African continent is distinguished by the proliferation of organizations with an integrative vocation. These organizations adopt acts that are binding on the Member States as well as on community structures and which are intended to be applied to individuals. In this context, Community courts are called upon to play a central role in the integration process.It appears, however, that the Community jurisdictions of Africa in general and of West and Central Africa in particular still play a rather unclear role, hence the trampling of the integration process.What factors hinder the full effectiveness of these jurisdictions and what improvements could be made to make them engines of regional integration? To answer these questions we are interested both in the vertical relationship involving jurisdictions, Member States and Community institutions, as well as in the horizontal relationship, that is to say with national courts on the one hand and Community courts on the other. A restructuring as well as a re-reading of the different lines of law are then proposed
Bauer, Karl Matthias. "Les conceptions du droit : limites à l'harmonisation communautaire du droit public : exemple de la mise en œuvre du droit communautaire de l'environnement en France et en Allemagne." Lille 2, 2008. http://www.theses.fr/2008LIL20008.
Full textThe thesis aims at proving that the national conceptions of law, existing in Community law, through their own juridical logic, set the limits to european harmonization of law. Two different patterns are compared in German and French law. Each of them is the expression of the national comprehension of the separation of powers. The latter is an element that makes up the national constitutional identity which is intangible. Any infringement of the Community law on this identity entitles the applying body to put a check on the priority of Community law. The second part of aims at proving this theory in a specific area of law based on the analysis of the implementation of Community Environmental law has been selected since the divergence between the two conceptions are clearly the most significant. The voluntaristic model thus seems to have won the race of the systems. Europe not being federalized, the principle of the priority of the national conception of law, as reveales in caselaw, does not currently allow a complete harmonization of the systems
Roelants, du Vivier Arnaud. "La politique communautaire de l'environnement en matière de prévention et de réduction des pollutions et nuisances." Bordeaux 1, 1985. http://www.theses.fr/1985BOR1D011.
Full textJanssens-Peyrega, Valérie-Anne. "L'influence du droit communautaire sur le droit interne des aides aux entreprises." Reims, 2007. http://www.theses.fr/2007REIMD008.
Full textThe French economy has been for approximately 30 years in phase of adaptation: the increasing globalization of the economy, the opening of the tïnancial markets, the emergence of new branches of industry, led it to painful adaptations as well industrial and commercial sector as financial sector. The European regulation has a real impact on the French policy. The economic policy of the country does not escape this data. Article 87 of treaty EC makes incompatible with the market the govemment aids of the state. This same article poses at the same time certain installations by authorizing same blow certain forms of assistances framed well in precise fields. The economic weight of the local communities became impossible to circumvent in the French economic life since those are actors of the local economic development and had to be implied in favor of the companies in an increasing way. Of this economic preponderance of many imperfections of the legal fmnework of the interventionism of communities in the economic one can be raised. Since the middle of the years 1980 the internal policy has exchanged of orientation. The communities seek less assistance with the companies in difficulties, but more the economic development, and turned to the creation of companies. That resulted in the installation of structures making it possible to the young creators to create their own Company. The Community authorities preach, obviously, the natural disappearance of companies whose financial standing does not enable them to face competition. The sanction inflictedl to the authorities to recover illegal or rather inappropriate assistances also tends to correct or limit
Jacob, de Fradera Vera Maria. "Réflexions sur l'apport du droit comparé à l'élaboration du droit communautaire." Paris 2, 2002. http://www.theses.fr/2002PA020016.
Full textPujol-Reversat, Marie-Christine. "Contribution à l'étude de l'harmonisation technique communautaire : l'exemple des véhicules à moteur." Toulouse 1, 2007. http://www.theses.fr/2007TOU10025.
Full textOn the general subject of harmonisation, and even though doctrinal concepts and Court positions contrast, it can be said that harmonisation is achieved in two ways. The first way is through Directives, regarding national measures to be adapted to common standards ; the second one is through Regulations, regarding national standards to be replaced bu common ones. Analysing the use of the concept allows to consider that the technical harmonisation for vehicles is a set of identical national rules
Santi, Pierre. "Droit communautaire de la concurrence et restructurations d'entreprises." Bordeaux 4, 1998. http://www.theses.fr/1998BOR40025.
Full textThe thesis "european community competition law and company restructuring" has a double interest. It allows to analyse all the treaty articles concerning competition law (to the exception of articles 90 and 91) as well as the european competition policy. We show in our study that the tendency is not all that clear, the commission hesitating alternatively between flexibility and hard lining when applying competition law to company restucturing. Her dilemma can be summarised as follows: can the new "social dimension" of the union influence the decisions of the commission when applying competition law to company restructuring?
Cals, Sylvian. "La discrimination à rebours et le droit communautaire." Toulouse 1, 2001. http://www.theses.fr/2001TOU10003.
Full textOrigin of the concept of "Reverse discrimination" and its distinctive features
Vuillermoz, Riccardo. "L'adaptation des états régionaux à l'intégration juridique communautaire : les exemples belge, espagnol et italien." Grenoble 2, 2001. http://www.theses.fr/2001GRE21006.
Full textZoïa, Michel. "Incidence du droit communautaire sur les contrats spéciaux." Toulouse 1, 1999. http://www.theses.fr/1999TOU10046.
Full textAnalysing the effect of the European Union law on special contracts may seem surprising insofar as neither harmonization nor standardization of the legislation of the member states is specified by the European Union treaty, a text essentially dealing with economy. However, it can't be denied the European Union law has an increasing effect on special contracts, mainly on two law bases, the consumer protection law and the competition law. Those rules which all take on a public policy aspect, respectively concerning the protection of particularly or general interests, seem at first irremediably opposed to the French law, animated by the principle of the autonomy of the will. Nonetheless, the internal law is also characterised by a development of that public policy, thus reducing the principle of the autonomy of the will. In that field, the double component of the public policy established by the European Union law can be found again, which is not surprising for most French texts are derived from a community text. Nevertheless, the effect of the European Union law varies, depending on whether it is a matter of protection of particularly or general interests. As far as the former is concerned, if the French law preceded the European Union law relating to the adoption of an imperative regulation of the weaker part of the contract, the European Union law all the same involves a reinforcement to it (part 1). As to the latter, the European Union law has played the role of a precursor insofar as the French law has known an evolution, constantly aiming to conform to its solutions over the European Union law ones. Therefore, the European Union law has been at the origin of the transformation of the competition laws into an instrument of regulation of the contract which has led to the creation of an indirect and imperative regulation of the special contracts concluded between enterprises (part 2)
Nicolaï, Agnès. "L'application du droit communautaire en Scandinavie : Agnès Nicolai͏̈." Toulouse 1, 2003. http://www.theses.fr/2003TOU10030.
Full textThis analysis reveals the contradiction between the Scandinavian States scepticism towards the European Union (EU) and their exemplarity in their implementation of European law. The first part of this thesis discusses Norway's refusal to join EU illustrating how Norvegian society is built on a particular cultural and historical background : Norway is more of a Scandinavian than a European State. The non-membership of Norway is also linked to the gap existing between political elites and citizens on European issues. As part of the European Economic Area (EEA), Norway implements the bulk of European law. This state, however, does not take an active part in the decision making and legislative process of EU, a point that is emphasised when making the comparison with its Scandinavian neighbours. The cases of Denmark and sweden are presented, the thesis analysing their attitude of mistrust towards the concept of European integration. It is demonstrated, however, how these countries, as member states, place an emphasis upon the efficiency and transparency of the workings of EU as wellas supporting its enlargement. The second part analyses the "model" developed by the Scandinavian countries in their implementation of EU law. This is primarily explained by their economic dependency on the internal market. Yet it is also characterised by the conscious efforts of Denmark and Sweden to make the internal working of the EU more efficient,and of Norway to retain the legal homogeneity of the EEA. These factors, build upon the common experience of harmonisation developed in Nordic institutions, and the traditions of democracy in their own decision-making process, allow the Scandinavian countries to bolster the legitimacy of, and respect towards, EU law
Aubry, Hélène. "L'influence du droit communautaire sur le droit français des contrats." Paris 9, 2000. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2000PA090002.
Full textViangalli, François. "La théorie des conflits de lois et le droit communautaire." Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32053.
Full textMoreau, Franck. "Les accords de coopération et le droit communautaire de la concurrence." Montpellier 1, 2000. http://www.theses.fr/2000MON10076.
Full textWeisse-Marchal, Claudie. "Le droit communautaire et la responsabilité extra-contractuelle des états membres : principes et mise en oeuvre." Metz, 1996. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/1996/Weisse_Marchal.Claudie.DMZ9602.pdf.
Full textIn 1991, in the Francovitch e. A judgement, the court of justice of the european communities has established a new general principle of community law, in accordance with whitch the member states have to compensate for damages caused to private persons by violations of the community law which are imputable to them. In its later judicial precedent it has, moreover, been led to specify the agreement conditions for this responsability and has, consequently, defined the regulation of the "community" responsability of the member states. This judicial precedent affects national rights. It has a double effect : the intensification of the protection by the juridiction of individual persons in internal juridical orders and the transfer of the national rights of the extra-contractual responsability of the public authority
Christodoulou, Varotsi Iliana. "L'adaptation du droit maritime hellénique et du droit maritime chypriote au droit communautaire." Paris 1, 1997. http://www.theses.fr/1997PA010321.
Full textSince 1974, the European union law relevant to the maritime field has been on the increase. The adaptation of Greek and Cyprus shipping law to the eu requirements, gives birth to a certain number of legal issues, which are the result of the different foundation in virtue of the adaptation takes place, as well as the result of the different character of the legislations which are compared in the present thesis. Unlike the Greek law, which mainly focuses on the integration of the principle of non- discrimination on the basis of nationality between eu states and thus calling into question the numerous exclusive national privileges traditionally awarded to the national flag, the adaptation of Cyprus law to the eu requirements focuses on the problem of the quality of the fleet registered in Cyprus, in the context of safety at sea and of the environmental respect
Haguenau-Moizard, Catherine. "L'application effective du droit communautaire en droit interne : analyse comparative des problèmes rencontrés en droit français, anglais et allemand." Paris 2, 1994. http://www.theses.fr/1994PA020005.
Full textThe effective application of community law in the internal laws of the member states is determined mostly by the conditions of its reception and its sanction by the national laws. The community judges, followed by the french, english and german judges have set out and applied the principles of supremacy and direct effect, which are necessary to the reception of community law in the internal legal orders. Now that the french conseil d'etat and the highest german financial court are no longer reluctant to the introduction of community law into the legal systems, community law is, on the whole, received in the member states studied. On the other hand, the community rules about the national power of sanction are constantly changing. Minimal rules have been set out by the european court of justice, which used to rely only on the general principles of law. These rules are being reinforced by the court and by the council as well. All these decisions are meant to ensure that the violations of community law are santionned in a uniform way throughout the community. They also help to strenghen the protection of individual rights
Boiteux-Picheral, Caroline. "L'ordre public européen : recherches sur une notion complexe en droit communautaire et droit européen des droits de l'homme." Montpellier 1, 1999. http://www.theses.fr/1999MON10034.
Full textFasquelle, Daniel. "La règle de raison et le droit communautaire des ententes." Paris 2, 1991. http://www.theses.fr/1991PA020119.
Full textThe rule of reason has been created by the american common law courts in order to evaluate the effect of the restraints of trade practices on the competitive process many authors have raised a debate about the opportunity of introducing the rule of reason in european competition law. There is also divergents interpretations of the decisions of the european court of justice since 1977 in the light of the rule of reason. The specificity of the european competion law renders the application of the rule of reason not desirable. On the other hand, it is possible to explain the court of justice's decisions without ressort to the american law. The study of the rule of reason is nevertheless interesting, because it induces a reflexion on the application of article 85 of the rome treaty
Doucet, Christian. "Les mesures conservatoires et provisoires en droit de la concurrence : état du droit français et communautaire." Paris 10, 1990. http://www.theses.fr/1990PA100125.
Full textThis thesis try to explain the founding of immediate procedures in competitive law which give a large range of intervention to the judge without under evaluate the rights and interest on the both sides. The French summary procedure is malajusted, but the communauty summary procedure in front of the legal judge, is no much more adapted. We can find in communauty right a procedure that can fit the reality : the immediate procedure in front of the commission (the dgiv). The writer want to separate in on hand the measures of conservation in competitive law (which are tempory measures, linked to major procedure), from summary measures, unlinked, in the other hand. The last are not adapted for the emergency competitive situation
Raclet, Arnaud. "L'encadrement des prérogatives de puissance publique nationales par le droit communautaire des affaires." Paris 2, 2000. http://www.theses.fr/2000PA020053.
Full textBoskovits, Kosmas. "Le juge communautaire et l'articulation des compétences normatives entre la communauté européenne et ses états membres." Université Robert Schuman (Strasbourg) (1971-2008), 1998. http://www.theses.fr/1998STR30006.
Full textThe object of this study consists in examining the case-law of the Court of Justice of the European communities relating to the demarcation of normative competences between the Community institutions and national authorities. Within the community legal order, the Court of Justice assumes the functions of a Constitutional court invested with the task of umpiring the proper balance of powers between the Community and its component entities. The first major aspect of the case-law concerns the contribution of the Court of Justice to the formation of a global system of competences which facilitates the effective attainment of the objectives set out by the EC treaty. The second major feature of the judicial umpiring of the division of powers concerns the decisive role played by the Court of Justice in safeguarding the essential checks and balances inherent in the Community system
Piperea, Gheorghe. "L'adaptation au droit communautaire de la législation roumaine sur les sociétés et les valeurs mobilières." Paris 1, 2005. http://www.theses.fr/2005PA010286.
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