Dissertations / Theses on the topic 'Droit du procès équitable'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Droit du procès équitable.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Beker, Nicolas. "Droit fiscal français et procès équitable." Paris 5, 2005. http://www.theses.fr/2005PA05D011.
Full textCornu, Julie. "Droit au procès équitable et autorité administrative." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020068/document.
Full textThe right to a fair trial is enshrined in the article 6§1 of the European Convention on Human Rights and irradiates now all French law. In the context of the subjectivization of the law, administrative law is also subject to this "unstoppable rise of disputes in the name of the right to a fair trial" (Mrs. KOERING-JOULIN). This assertion is particularly true regarding the powers of sanction and the settlement of disputes granted to the administrative authorities. The European definition of the right to a fair trial applied by the Court of Cassation and adapted by the Council of State allows a wide application of this right. So, given the current state of the administrative case law, the right to a fair trial can be usefully claimed against independent administrative authorities as regard either their law enforcement activities or litigation practice. And the tax administration has also been compelled to respect this fundamental right for eight years now. In line with this settled jurisprudence, the extension of the right to a fair trial to all the administrative authorities may be the way of the future. But such an evolution raises a few questions. Isn't the increasing jurisdictionalization of the administration activities as a result of the right to a fair trial an inconsistency in itself? Doesn't it go against the primary goal of the outsourcing of the administrative penalties? More fundamentally, doesn't subjecting the administrative authorities to the specific principles of court procedures participate in reinstating some confusion between administration and jurisdiction? Isn’t it the rebirth, under a new form, of the administrator-judge we thought was long gone?
Maamouri, Abdelkrim. "Droit au procès équitable et due process of law : étude comparée : Etats-Unis, France et Convention européenne des droits de l'homme." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32008.
Full textThe French and European systems of the right to a fair trial and the American Due Process of Law are traditionally presented as contrasting and radically different models of justice. In the first part of this dissertation, we have checked the inaccuracy of this idea. Indeed, the globalization of a shared theory of the Rule of Law had allowed a great convergence of the protection of the right to be heard in court and the effectiveness of this guarantee. Thus, the value of this first part consisted in dissipating the misunderstandings and in demonstrating the increase of the similarities operated thanks to the expansion of the consensual doctrine of the Rule of Law. On the contrary, in the second part, we noticed that the variety of the purposes looked for through the trial, produced different theories of the procedural safeguards during the trial. The right to an accusatory procedure and the right to the presumption of innocence are differently tailored, depending on whether the first goal of the process is to seek the material truth or to ensure procedural fairness. Thus, the importance of this second part was to explain the divergences of the procedural guarantees in the respective systems. Finally, this research represents, beyond their convergences, an illustration of the specificities of the civil law and common law models of fundamental rights of procedure
Binel, Angeline. "Le tribunal impartial en droit français." Toulouse 1, 2002. http://www.theses.fr/2002TOU10044.
Full textThe French conception of the right to an impartial tribunal is undergoing the increasing influence of article 6 paragraphe 1 of the European Convention of human rights. This influence gives rise to numerous questions on the future of certain specificities in French procedure
Pineau, Carine. "Le procès équitable devant la Cour pénale internationale." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1011.
Full textWhile the right to a fair trial should be at the heart of any democratic society, this requirement has an axiomatic significance in a court dedicated to the fight against impunity and the protection of human rights, such as the International Criminal Court. In view of the few judgments rendered in over ten years of this permanent Court's existence, this study might seem somewhat premature.Rather, this analysis purports to shed light on the diverse nature of the Court's activities and the unique character of its procedures. Enshrined by the European Court of Human Rights, the right to a fair trial is expressed in the form of regulations that govern not only the relationships between the parties, but also the interaction of individuals with the Court. The concept of the right to a fair trial may be familiar to legal experts trained in different legal traditions. Still its interpretation is fraught with challenges that are new and specific to this permanent Court. The structural and normative hybridity of the ICC will inevitably influence not only the treatment of this concept, but also the unique interpretation that this fundamental right deserves. Against the backdrop of the innovative nature of this Court, it would be remiss of the author of this thesis not to consider the right to a fair trial through the unique prism of the victim, the new face in the trial. Often excluded from the judicial debate on the fairness of the proceedings, this analysis will nevertheless endeavour to place this stakeholder back in the heart of the concerns over the conduct of a fair trial
Pradel, Camille-Frédéric. "Valeur probante des documents en droit fiscal et procès équitable." Angers, 2004. http://www.theses.fr/2004ANGE0011.
Full textThe rules which govern the convincing value of documents in tax law guarantee the supremacy of the tax authorities in case of trial, when the taxpayer contests his dues towards the tax department. Indeed, the tax judge is wary towards a document given by taxpayer and he considers that the latter is a potential defrauder. In fact, the document given by the taxpayer has to acquire a convincing value. On the contrary, the document given by the tax deparment always has a convincing value and can hardly lose it. This first statement drives us to question ourselves : is such a huge unbalance compatible with the right of having a fair trial as guaranteed by the article 6 of the European convention of human rights. This question can only be answered in two steps. Actualy, the taxpayer is not allowed to bring to conflict the article 6 of the european convention of human rights. The taxpayer dues is not considered as a "civil" right or obligation such as describe in this article. This statement has to change. The consequence of this evolution will not be decisive. An unbalance coming from the rules which govern the obtaining or the use of a document can be justified, in comparison with the procedural rights of the litigant, by a highest interest. It is obvious that the tax trial relates to a vital issue of the state. The unbalance coming from the rules which govern the convincing value of documents is broadly compatible with the requirements of the right to a fair trial
Umutesi, Viviane. "Les juridictions GACACA au Rwanda et les garanties du procès équitable." Thesis, Université Laval, 2012. http://www.theses.ulaval.ca/2012/28943/28943.pdf.
Full textFrison-Roche, Marie-Anne. "Généralités sur le principe du contradictoire (droit processuel)." Paris 2, 1988. http://www.theses.fr/1988PA020058.
Full textDoski, Zeerak. "Le juge administratif irakien, les Droits de l'Homme et le droit à un procès équitable." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMLH10/document.
Full textThis thesis analyzes the question of the relationship between the administrative jurisdiction and human rights in Iraq and Kurdistan. In the first part I analyze the influence of the ideology of human rights on the organization of the Iraqi justice. The issues are diverse: the role played by the West in promoting human rights, the internationalization of the protection of human rights, the new Iraqi constitution (2005), etc. I show how the Iraqi administrative justice tries, under the influence of French law, essentially, to progress despite the aftermath of war and how the administrative judge tries to apply the principles of human rights, without always formally refer.The question of the independence of the judiciary will have its place in my work, because the question is the subject of much controversy in Iraq. Then at the level of human rights I introduce a presentation on the philosophical significance of human rights and fundamental rights, the generations of human rights and their international protection.In the second part, which is more practical and operational, I expose the notion of the right to a fair trial and I try to show how, again, despite the non-integration of this concept into positive Iraqi law, the administrative judge applies it and sometimes bravely. I deal with the question of the influence of the ideology of human rights on the organization of the Iraqi justice, then various questions like the evolution of the French administrative justice (the recourse to abuse power, the urgent proceedings, the reinforcement of the powers of the administrative judge in the control of the internal legality. In this part I analyze in a comparative way of multiple Iraqi cases to show each time how the Iraqi judge progresses, although by imitating, even miming the French judge. This is a big effort because the French judge remains in the Arab world the reference in terms of respect for human rights.Indeed the concept of administrative police occupies an important place in my thesis because of the close relationship between administrative police and human rights
Elaabd, Adil. "Les droits de la défense pénale au Maroc : à la lumière du droit français." Perpignan, 2010. http://www.theses.fr/2010PERP0986.
Full textMahouvé, Michel. "La protection des droits fondamentaux de la personne en droit extraditionnel camerounais." Paris 2, 2004. http://www.theses.fr/2004PA020030.
Full textSabek, Marc. "Le procès disciplinaire du professionnel de santé : entre droit d'exception et droit commun." Poitiers, 2009. http://www.theses.fr/2009POIT3003.
Full textSince its birth, the disciplinary jurisdiction of health professions functions according to its own procedural rules. Being the central actor in the mission entrusted to the professional Orders, it remains functionally and organically attached to them. The independence and the impartiality of the judge-peers are far from satisfying the criteria of the contemporary substantive law. With a reduced formalism, the disciplinary riling is quickly concluded in a trial where the lightness of the guarantees offered to the prosecuted professional make his sentencing easier. The sanctions then taken put at stake the ability to exercise its profession, a civil right. The implementation of the Convention for the Protection of Human Rights and Fundamental Freedoms made it possible to integrate into disciplinary rules some standards of the "fair trial". And many modifications of legislative rules tried, in the last years, to bring the disciplinary dispute closer to the administrative general action. But, to a large extent, the rules of the disciplinary trial of health professions remain confined in a case law approach recognizing a very broad autonomy to non-professional judges. It results in exceptional rules released to each individual cas, on the basis of a doubtful standard, the deontology, justifying a sanction which is unaware of the principle of proportionality
Miniato, Lionel. "Le principe du contradictoire en droit processuel." Toulouse 1, 2003. http://www.theses.fr/2003TOU10027.
Full textContradicting in proceedings is fundamental. This work aims at studying the theoritical and practical aspects of this principle
El, Sawah Sally Mohamed Ahmed. "Les immunités des États et des organisations internationales et le droit au procès équitable." Paris 1, 2009. http://www.theses.fr/2009PA010283.
Full textLoynes, de Fumichon Bruno de. "Recherches sur l'arbitrage ex compromisso en droit romain classique." Paris 2, 2002. http://www.theses.fr/2002PA020060.
Full textAmi, Mohamed. "La justice en Mauritanie et le droit à un procès équitable : obstacles, insuffisances et propositions d'amélioration." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMLH13.
Full textAs the judicial institution in democratic societies is the guarantor of the rights and freedoms of individuals, such institution must have all the means that allow it to play this role. Mauritania has known in its modern history the establishment of the judicial power, through two important steps. First was in the French colonialism, which has ruled the country for several decades, and the last was after independence with the codification of the first judicial organization in Mauritania on June 27, 1961 by Law No. 61-012. In Mauritania, justice had as a whole suffered from several problems and access to justice for all citizens is hindered by many obstacles, and threatened by a number of shortcomings. Today, the right to a fair trial is a primary right, guaranteed by a set of principles derived from international conventions as a part of human rights. The right to a fair trial is recognized as the fundamental among the human being rights but there are some conditions that must be met to ensure a fair trial in order to protect the rights of individuals. In order to highlight and clarify the obstacles observed in these aspects, this study reviews the organization of justice in the country, as well as it tries to provide an analysis of the places of the deficiencies as well as the impediments causing by socioeconomic reasons and organization and also the non-compliance with the international requirement in this area. This study gives some proposals, through the revision of the texts by introducing more strongly some principles. in particular the principle of collegiality, and the right of defense and by strengthening the prerogatives of the unique judge in the first instance courts and also in providing more specialization of the magistrates as well at the courts of the first instances as at the level of the appeal court. All these proposals aim to improve the current situation, for setting up the minimal conditions for a fair trial, because the violation of the right to a fair trial remains great concern for all humanity
Vaissière, Aude. "L'expertise judiciaire en matière pénale : problématique et prospectives." Montpellier 1, 2005. http://www.theses.fr/2005MON10019.
Full textPetitgirard, Thibaut. "Réflexions sur l'hypothèse d'un droit processuel pénal international." Montpellier 1, 2005. http://www.theses.fr/2005MON10053.
Full textMohammed, Ibrahim. "L' arbitrage et les garanties des parties : étude de droit français, droit égyptien et droit comparé." Paris 1, 2009. http://www.theses.fr/2009PA010259.
Full textSamak, Jonathan. "Les droits de la défense dans le procès civil." Nice, 2007. http://www.theses.fr/2007NICE0019.
Full textThe rights of the defence are all the rights which assure the equity of the lawsuit. They guarantee the equality between the parts. The contradiction oblige every opponent to put the other one to organize the defence of his interests, what supposes to give knowledge of the introduction of the authority, the mutual and punctual communication of the means of defence and proof. In it is added the freedom of the defence, the contradiction must not be falsified by a technical incompetence. The rights of the defence also protect the litigants against the judicial dysfunctions. The impartiality of the judge guarantees an objective examination of the claims, his active collaboration in the respect for the contradictory prevents him from interfering in the lawsuit by breaking the balance between the parts. The transparency of the justice, by the motivation of the court orders and the publicity of the debates, brings to light the possible errors of the same judge to allow their repair
Dalil, Essakali Moulay Abdeljalil. "La place du procès équitable dans la justice pénale marocaine." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA017.
Full textCurrently, in Morocco, the conditions of an equitable criminal trial seem joined together. To go towards its effective protection, the article 1st of the Criminal procedure code of 2002 stipulates that: “Any person marked or suspected to have made an infringement is supposed innocent until its culpability was legally established by a decision having acquired the force of the judged thing, at the conclusion of a fair trial where all the legal warranties are joined together. The doubt benefits the defendant". Only, these principles are reconsiderations by the official reports being taken until registration of forgery or checking of writing. They are finally by all the procedural provisions which exclude any effect of the inward conviction from the judge is by granting a conclusive force particular to certain modes of proof is by specifying in advance the means of proof which only makes it possible to establish the existence of a given infringement. Admittedly, it is not always easy for a judge to determine the authenticity and the honesty of the official reports. But the international standards are a source of advices on the way of appreciating the honesty of the evidence. To prevent that such practices are not legally authorized. The Moroccan judges must achieve their mission with the eyes of the law and exclude any proof torn off by the constraint or violence. Any procedural document achieved apart from the law or in violation of the methods which it specifies must be able to (irregular searches, interrogations under constraint, illegal, arbitrary or secret arrests…). Inevitable infringements of the rights of the individual during the investigation, the continuation and the instruction (loss of liberty, violation of the secrecy of the correspondence and the communications, searches in the residence and on the workplace, seizure of the incriminating evidences…) must be limited by the law, scrupulously defined under their conditions as in the effects which they produce and must be able to be the object of a dispute in front of a judge. If the Moroccan judges took this duty and these principles with the serious one, the Moroccan judges would deal a great blow not only in favour of equity of the lawsuits, but also against torture and the ill-treatments
Salviejo, Caroline. "Le principe de sécurité juridique en droit communautaire et européen." Montpellier 1, 2003. http://www.theses.fr/2003MON10009.
Full textChen, Xuming. "L' article 6&1 de la Convention européenne des droits de l'homme et la procédure civile française." Aix-Marseille 3, 2002. http://www.theses.fr/2002AIX32027.
Full textFot those great minds who are concerned about national sovereignty, France's ratification of the European Convention on human rights, and most importantly the recognition of individual applications, could be compared to the opening of a Pandora's box, the beginning of a process whereby French law was allegedly bound to submit to the European Convention as interpreted by the European Court of human rights. This is mistaken belief, because this process is not one of submission, but one of incorporation : today, the European Convention is an integral part of French law. As far as civil procedure is concerned, French rules broadly conform with article 6&1 of the Convention. Whenever France has been condemned by the European Court of human rights on the grounds of violation of the Convention, it was most often not for having ignored the fundamental principles of law, but for having interpreted them differently. .
Lagrange, Olivier. "La collaboration en droit processuel : essai sur le concours des intérêts en procédure." Nantes, 2007. http://www.theses.fr/2007NANT4026.
Full textLawsuit is often considered as a duel. In these conflicting circumstances, collaboration seems illusory, whereas it appears to the essence of contract. Reality is not so easy : regarding contract, convergent interests are more realistic renouncements than altruistic ones. Collaboration consists of associating usefully the parties to the lawsuit. If private interests may be of service to economic goals, satisfaction of general interest order also to the parties to work towards legitimacy of judicial process. Although collaboration appears to a way of satisfacting general interest, it may also unfortunately lead to an opposite result. Lndeed, giving priority to private interests may sometimes prejudice to general interest, in particular at criminal procedure. Analysis of collaboration permit to draw up a general assessment in order to check up equity of procedure. Balance also constitutes the constant goal of a successful collaboration, which allows the parties to influence the course of procedure. Balance catalyses satisfaction of the parties as well as quality of judgement. This balance must be found between all existing interests. It constitutes the only way to private interest to serve usefully general interest. Consequently, collaboration could be an appropriate tool which permits to check up the conformity of our procedures with the European convention of human rights
Nierengarten, Marie-Cécile. "Essai sur la notion de témoin : contribution à l'évolution de la procédure pénale." Toulouse 1, 2005. http://www.theses.fr/2005TOU10058.
Full textThe notion of witness is traditionally comprehended under the angle of the right of the proof and the history of the testimony is dedicated to a theorization of the proof by testimony. It bases on the idea of a mode of necessary, but fragile proof. The revolution of human rights, operated under the influence of international and conventional texts is translated, to the field of the penal lawsuit, by the emergence of fundamental principles. The evolution of the criminal procedure, marked by the increasing necessity of respecting the guarantees of good justice, leads to a metamorphosis of the proof by witness: a new conception of the notion arises from requirements of the right for a fair lawsuit. The study of the testimony leaves place with a theory of the right for the hearing of witness, rising in internal law and breathed by the European jurisprudence: the witness becomes an element of the right for a fair lawsuit, quite at the same moment guaranteed formal and substantial right of the accused person. At the same time, the legal condition of the witness during the procedure reveals the possible mutation of statutes in front of a risk of legal proceedings and the absence for the suspect of a generative status of rights. The necessity for the statute law to recognize the witness as holder of the right by a fair lawsuit deducts of this procedural reality. The pragmatic and individualistic approach of the notion so puts in evidence a criminal procedure centred on the ideal of justice and equity, with which the evolution is marked by the development of subjective rights which participate in an already announced movement of privatization
Rideau-Valentini, Sébastien. "Contribution à l'étude des particularismes de la matière pénale douanière." Nice, 1999. http://www.theses.fr/1999NICE0020.
Full textThe repressive custom law, known for its atypical penal concepts and its strictness resulting from its objectives constitutes a legal field meeting specific criteria. The issue lies partly in the fact that it was created in order to fight against foreign goods import at conflictual times. The progessive disapppearing of border rigidities leads to an approximation between the laws of certain states, sometimes, in the frame of international treaties enacting supranational laws. The direct result is a submission of repressive custom laws to the appreciation of judges using autonomous legal instruments capable to influence this national law underlined with specific historical inheritances a modelling of this legal rules influences then the custom law by putting it in concordance with positive law. These international agreements correspond to the trend of the internal sources of law. The elements of the normalisation of the custom penal law induce an increasing intervention of the judges in the different procedures of the customs code. Nevertheless, due to inherent limits of the supranational control, certain specificities remain, giving to the repressive custom law an undoubtful efficacity. The extention of the customs jurisdiction is the proof of the trust given to this administration by the normative powers. The approximation of the repressive powers of the customs administrations of the member states of the european union seems to be an actual trend
Houbron, Hélèna. "Loyauté et vérité : étude de droit processuel." Reims, 2004. http://www.theses.fr/2004REIMD006.
Full textThe principle of fairness (loyalty) in procedural law has various forms. In relation to the discovery of the truth, the concept of fairness (loyalty) has a specific meaning because of the complexity governing the links existing between this principle and the notion of truth. Therefore a functional approach of the concept of fairness (loyalty) has been chosen. This approach has allowed to draw the main characters of the notion of fairness (loyalty). This concept permits the realisation of a fair trial and exercises a positive and a negative influence on the discovery of the truth. Sometimes seen as a duty to be sincere, the principle of fairness (loyalty) in procedural law always appears like a duty of transparency in the search and in the presentation of evidences. Sincerity and transparency both contribute to the discovery of the "judicial truth". As a mitigating factor, fairness (loyalty) suggests that the discovery of the truth could not be reached by any mean and consists in prohibiting the use of elements contrary to the idea of Justice. The principle of fairnes thus tends to promote an ethical conception of the law of evidence
Nagouas-Guérin, Marie-Cécile. "Le doute en matière pénale." Bordeaux 4, 2000. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247109272.
Full textMoussa, Mohamad Raeid. "La protection du témoin : étude de quelques droits nationaux et du droit international." Poitiers, 2008. http://www.theses.fr/2008POIT3003.
Full textSince they are not opponents in a criminal trial, witnesses appear to be, from time immemorial, essential to an efficient criminal justice. Their importance is increasing not only in common law cases but also in particular types of criminal cases like organized crime and terrorism. Traditionally testimony is considered as a civic duty and each citizen is meant to accept to testify and to contribute to truth revealing. Each opponent in a trial has a right to bring testimonial proof. However this right and that civic duty lead to the obligation, for witnesses, to bend to multiple restraints. Furthermore the dangerousness of some crimes may have prejudicial consequences to the witness and, therefore, to justice. So the recognition of a right for the witness to be provided a protection is very acute. Indeed judicial systems have set a bunch of specific protective measures adapted to various circumstances. This supposes, first, to guarantee the availability of the witness and to induce him or her to testify ; then, to protect the witness and his or her statement. Nevertheless these judicial measures are not systematic and they may sometimes conflict with the rights of the Defense as putting the brakes on some essential principles like the right to a fair trial. What kinds of measures are set to assure the protection of a witness ? Which part takes a witness in his or her own protection ? How can we define the evolution of this system and evaluate the influence of these measures and justify them ? The present study intends to answer those questions and to bring to light the judicial rules and practices applied in national and international law
Woitier, Maud. "La caution et le procès civil." Paris 1, 2011. http://www.theses.fr/2011PA010293.
Full textDjie, Bouin Wilfried. "Le droit à un procès équitable et la justice transitionnelle dans la reconstruction du système juridique et politique ivoirien." Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10052/document.
Full textThe issue of the research deals with fair trial and transitional justice in Côte d'Ivoire. The problem at stake here is to see how the state of Côte d'Ivoire fail to protect and respect an international fondamental right as Fair trial in context of post crisis.It will be convenient to highliht the role of transitional justice and its mechanisms in the process of reinforcing respect and promotion of the right to a fair trial in Ivory Coast
Chalas, Christelle. "L'exercice discrétionnaire de la compétence juridictionnelle en droit international privé." Paris 1, 2000. http://www.theses.fr/2000PA010301.
Full textIvičević, Karas Elizabeta. "Le principe de l'égalité des armes en matière pénale dans la jurisprudence de la Cour européenne des droits de l'homme et en droit comparé (croate, français)." Paris 2, 2007. http://www.theses.fr/2007PA020019.
Full textLegrand, Valérie. "Le droit à l'assistance d'un défenseur dans le procés pénal." Pau, 2005. http://www.theses.fr/2005PAUU2004.
Full textIt's necessary, on the implementation of the repressive machinery, that defence should look like a natural right on behalf of both parties in the trial. Defence's rights make up a set of prerogatives granted, in particular to the prosecuted person and by which she can profit all along criminal trial in order to safeguard her own interests ; as the keystone of defence's rights, the right to the support of a counsel, guarantee of the right to a fair trial, seems essential and must be especially protected. It matters first of all to frame the carrying out of the right to the support of a counsel of which the person implicated in a criminal procedure must have the right to an effective disposal. But, once this right placed at defence's disposal, it comes absolutely necessary to frame its contents. In fact, it's no use framing the carrying out of such a right if, in other respects, the insufficient content of this support doesn't allow an effective defence. If, in spite of some gaps, the implementation is rather satisfactory, the contents of the support is though unreliable. Indeed, when the right to a support is worth existing, it's all the more to be regretted to note that some procedural impediments sometimes deprive the right to the support of a counsel of any grounds
Sinopoli, Laurence. "Le droit au procès équitable dans les rapports privés internationaux : recherche sur le champs d'application de l'article 6 § 1 de la convention européenne des droits de l'homme en droit international privé." Paris 1, 2000. http://www.theses.fr/2000PA010271.
Full textBadji, Patrice Samuel Aristide. "Les garanties du justiciable dans le procès civil Sénégalais : étude comparative avec le droit français." Toulouse 1, 2011. http://www.theses.fr/2011TOU10063.
Full textThe complexity in social relations and the normative inflation goes hand with processivity even if the contentious way isn't the only means to stop a conflict. If it is true that the civil proceeding doesn't arouse much passion, the fact remains that it is worth to be interested on since the rights of the person subject to trial are protected in it. Indeed when the rights of the person are violated, he has the possibility to submit the case to the competent jurisdictions so that they give a verdict to the validity of the claim. There is any big or small case for the person subject to trial. The guarantees of the person subject to trial depend on the judge who must, on top of the power of being referred to, assume some qualities such as independence and impartiality. And yet, not only the access to the judge is regulated but it is full of difficulties both legal and factual. That situation created the adoption of measures such as the restore of legal aid system and alternate methods to resolve some disagreements that are commonly called "soft justice". Concerning the judge independence and impartiality it is started that those two qualities are continually demolished by the executive authority. The guarantees of the person subject to trial depend on the process course. The course of the proceedings must be speeded up for the sake of justice effectiveness and the restore of the confidance of the person subject to the trial. In the proceedings progress a distribution of roles between the litigants and the judge is remarked during the proceedings and the judge does no longer play a passive part and minimum honesty that the people involve in the trial must show ; the said honesty permits to each litigant to be able to discuss about the claims, the means and documents of this opponent. The reflexion on this topic of thesis has permitted to bring to the fore the question of the justice financing, of its independence and the connexions between the time and the proceedings and to come into the conclusion that the Senegalese processual law isn't a poor copy of the French law because in some cases the difference is in the size but far from in the degree. But that also a profound reform of the Senegalese judicial system is essential in order to come up well to the expectations of the person subject to trial and which is a quick, effectiveness and cheap justice within the reach of everybody
Ntegue, Fadwa. "Le régime fiscal marocain et les droits de l'homme." Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0042.
Full textThe present study tackles the procedures pertaining to control and litigation in Moroccan tax law in connection with the economic and social rights. It undertakes an analysis of the Moroccan legislative texts governing the procedures of control and litigation and tax case law in their compliance with the economic and social rights, while also seeking to make some kind of benchmark with the European Court on Human Rights in this regard. This these is also aims at pinpointing infringements of these rights in the process of tax inspection procedures and fiscal proceedings that generally come as the ultimate outcome of a scrutiny process. While not addressing all economic and social rights, the present study will focus on owner ship property rights and economic freedom as guaranteed by the Declaration of the Right of Man and the Citizen, and confirmed by the Moroccan constitution . It also deals with the right to a fair trial, including reasonable time, right of access to the courts, the presumption of innocence and the right to remain silent. This study finally seeks to urge the Moroccan legislator to take into consideration the guaranteeing of these rights in the process of designing tax standards
Coulibaly, Ibrahima. "Les droits de la défense en droit mauritanien." Thesis, Paris 8, 2018. http://www.theses.fr/2018PA080008.
Full textUniversalism of the rights have come the concept the rights of the defenses diversity of procedural. A the level of each country, however big or small, whatever is its culture, he (It) is accepted and official that we cannot judge without referring to the fundamental rules (rulers), and without being attended by a lawyer. Rights of defence are guaranteed in Mauritanie by the law number 2007-036 carrying Code of criminal procedure, the law number 2007-012 carrying the judicial organization, the law number 99–035 carrying Code of civil procedure, commercial and administrative. The rules of rights of defence not wind not to be reached without the implementation of organs which frame the capacities of this one. The equality before the courts is expressly considered by fundamental law in the of the constitution owed July 20th, 1991. However, the principle is of no real reach in spite of the precision of the text. What seems absurd with our model of system of ineffective right, imply that the rules of the fair trial are not allocated in a egalitarian way to all. It is not the only difficulty or the ambiguity. The present study supports on one hand that the exercice of the equality of the contradictory and the equality of weapons guarantees the effectiveness of rights of defence, and on the other hand, that the development of the principles participates in a revival oo the rights.The contemporary position of rights of defence uses this notion demonstrating, often rights of defence as a superior implication and of a logical obvious fact of the procedure, thus obeying the fundamental criteria of the right to fair trial. He is determined by a whole series of procedures led in a trial and declares itself, today, under a set of legal bases protecting rights of defence. To this end we had tried to make a work of unpretentious sociological evaluation of perfect scientificity. Avoiding any legalism or positivism, the work stays nevertheless in legal dominance
Blaisot, René. "L’application du droit à un procès équitable prévu par l'article 6 de la convention européenne de sauvegarde des droits de l'homme et des libertés fondamentales, en matière fiscale." Paris 10, 2007. http://www.theses.fr/2007PA100184.
Full textSince the decision of the European Court of the Human Rights of February 24th, 1994, « Bendenoun against France », the « right to a fair trial » in the sense of the article 6 of the European Convention for the Protection of Human Rights and fundamental Freedoms, applies to the procedure of the fiscal penalties, on the basis « of any criminal charge ». The transposition of this case law by the French jurisdictions in internal law, had for consequence to make actual this guarantee in favour of the national taxpayers. On the other hand, the jurisdictions of Strasbourg did not wish to admit the applicability of this provision of the Convention, to the whole taxe disputes, on the basis of the « civil rights and obligations ». It is the ruling of the European Court of the Human Rights of July 12th, 2001, « Ferrazzini against Italy », that came to crystallize this solution of principle. Since the Council of State and the commercial Chamber of the Court of Cassation joined this decision, the French taxpayer who objects, either the legitimacy or the procedure of taxation, or the procedure of collection, is not entitled to a « fair trial » in the sense of the article 6 of the European Convention for the Protection of Human Rights, in front of the judge of the tax
Jude, Suzanne. "Les implications procédurales de la légitimité de l'action de la commission européenne en matière de concurrence." Lille 2, 2006. http://www.theses.fr/2006LIL20026.
Full textThe procedural framework of the European Commission is a way to ensure that its action is legitimate. This issue is particularly important in European competition Law because of the importance of the powers devoted to the Commission in this field. At first glance, the respect for procedural rights can be linked to the search for jurisdictional legitimacy. However, the Commission is not a court. It appears to be a part-administrative, part-political institution whose duty regarding competitiion Law can be seen as a regulatory duty. In this respect, it seems that procedural rights are used in a specific way. On the one hand, they grant the Commission a procedural legitimacy, suiting its characteristics, which attempts to counterbalance its lack of democratic legitimacy. On the other hand, they guarantee the good course of the Commission's procedures and the best quality of its decisions. As a consequence, procedural rights are a way to promote « good governace » regarding the implementation of the European competition Law. Still, the degree of compliance with the standards of due process is the result of a conflict between the imperative of efficiency and respect of fundamental rights and openness. That is why procedural rights usually manage a « workable » level of effectiveness, rather than an optimum level of protection of fundamental rights
Connil, Damien. "L'office du juge administratif et le temps." Pau, 2010. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D108.
Full textThe relationships between the office of the administrative judge and time differ depending whether the judge's office is considered in its juridictional or jurisprudential dimension. Time appears to be an essential element of practice or even of the definition of the judge's office, but in various forms and on various levels. And that is precisely the multiplication of meeting points between the administrative judge's office and time which enables to demonstrate the fundamental place of the time element in the heart of the judge's office. Furthermore, the time factor has become the fundamental element in recent years. Besides, research also shows the administrative judge's effort in that matter. If the question of time illustrates the modern changes of administrative justice, symmetrically, the conception the judge keeps of his office alters the way he takes the time factor into account. The administrative judge has become an efficient realistic judge, not only just the guardian of Administration's prerogatives but a judge in search of a delicate balance between satisfying the public interest and taking particular interests into account, between the principles of legality and legal security, between the demands of administrative action and the respect of citizens' rights, a judge heedful of Law as it lives and as it is lived
Krid, Riad. "Le droit à un procès équitable devant les juridictions internationales pénales : une analyse critique à travers les dimensions intrinsèques de la procédure pénale internationale." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1014.
Full textThe statutes and the rules of international criminal courts recognize most of the guarantees of the right to a fair trial under international instruments on human rights. However, if we examine the size of international criminal litigation, we will soon realize that the allegations relating to the violation of this right take a large place. Therefore, it seemed necessary to identify and analyze the reasons for this distortion. To do such a study, we have previously argued that beyond the original dimensions of the international criminal procedure to implement the rules of international criminal law, two others dimensions were confirmed by the texts and the practice. There are the humanist and the managerial dimensions. With this in mind, we wanted to uncover their impact on the effective implementation of the right to a fair trial, conducting a critical analysis. The purpose of this approach is to demonstrate that these intrinsic dimensions of international criminal procedure have direct and indirect effects on the fairness of international criminal trials
Payet, Stéphanie. "Le droit à une protection juridictionnelle effective en droit de l'Union Européenne." Thesis, La Réunion, 2012. http://www.theses.fr/2012LARE0006.
Full textThe principle of “Community of right”/”Union of right” established by the Court of justice of the European Union involves the existence of an effective judicial protection of the individual. That’s why the European law protects the “right to a judge” as a fundamental right, meaning essentially, the right for citizen subject to the European law to access a tribunal. This right guarantees to the individual a concrete access to the jurisdiction. The study of “the right to an effective judicial protection” brings to the fore the specificity of the access to the courts under European jurisdiction because, in addition to access the European Court of justice, the individual have the right of recourse to a national court to defend his rights inherited from the European law. Moreover, this study is not only limited to the issue of the accessibility of the jurisdiction but it also includes issues such as temporary judicial protection, the equality of citizens in access to the courts, the enforcement of court judgments
Rétornaz, Valentin. "L'interdiction du formalisme excessif en procédure civile : étude de droit français et suisse à la lumière de la jurisprudence de la Cour européenne des droits de l'Homme." Thesis, Dijon, 2013. http://www.theses.fr/2013DIJOD001.
Full textThis thesis attempts to analyse a recurring problem of civil procedure in a comparative context : the so-called excess of formalism and the ways to overcome it. It is structured around a comparative analysis of French and Swiss law in the light of the European Convention on Human Rights. It starts from the assumption that two different approaches are possible : the one relying on the interpretation of civil procedure (private law based approach) ; the other aiming at directly implementing the right to a fair trial in the judicial case law (public law based approach). The first part of the thesis is dedicated to a historical presentation of the both above mentioned approaches. French law, as analysed on the period going from 1806 to the adoption of the New Code of Civil Procedure, has been build on the private law based approach, whereas Swiss law has very early developed, for constitutional reason, a public law based approach which is also followed by the European Court of Human Rights. The second part of the thesis deals with the present state of the legislation in both countries, and with the case law of the European Court of Human Rights. The examination is conducted through concrete problems (procedural flaws and reasonable interpretation of Judicial law). In conclusion, it is noted that both approaches, either based on public or on private law, are mainly complementary and that French and Swiss law would therefore benefit from a mutual enrichment
Hama, Kadidiatou. "Le statut et les fonctions du juge pénal international." Thesis, Dijon, 2010. http://www.theses.fr/2010DIJOD003.
Full textThe emergence of international criminal judge is the result of the compelling will the international community to punish serious violations of international humanitarian law. By his capabilities, international criminal judge has become a key player on the international stage. He reconciles the requirements of fair trial and the protection of fundamental human rights. Guarantor of human dignity, his universal mission contrasts with the difficulties in cooperation part of his community. Why this reticence towards him? Has he an autonomy in relation to the States? How is he impartial faced with crimes their human consciousness? Who is - he? , has he a status fits his functions? This study attempts to provide answers to these questions by an analysis of statutory characteristics of international criminal judge and functions in which he draws his power and enabling it to operate justice worldwide taking into account the diversity of international criminal jurisdictions
Taguercifi, Slimane. "Le droit à l'objection de conscience de l'avocat." Thesis, Reims, 2020. http://www.theses.fr/2020REIMD004.
Full textThe lawyer has to defend people he has not chosen when he is appointed to them. However, he has the right to conscientious objection, a right unrecognized or partially addressed by legal doctrine. This study shows that a lawyer can object to defending someone on any reasons of conscience and that this tolerance may be transformed into a right if the objection is necessary for the exercise of his freedom of conscience.The lawyer's right to conscientious objection is assessed by authorities. These ensure that the lawyer 's conscientious objection does not infringe legal security, mainly the right of litigants to a fair equitable lawsuit. However, each objection has consequences for the rights of litigants. Only a high degree of infringement of legal security disposses the lawyer of the use of the right to conscientious objection. This high degree of infringement is evaluated according to legal standards. The authorities responsible for approving the lawyer’s objection must consider the compatibility between the right to conscientious objection and the parties' right to a fair lawsuit. This review by these authorities has potential consequences for the rights of the lawyer and the rights of his client. This highlights the role of the lawyer as an officer of the court
Clément, Stéphane. "Les droits de la défense dans le procès pénal : du principe du contradictoire à l'égalité des armes." Nantes, 2007. http://www.theses.fr/2007NANT4021.
Full textThe notion of defence rights is universally shared and applied by all the stakeholders in the criminal case whatever the judicial system may be. However, difficulties in interpreting it remain. The systemic exam of rights in the framework of adversarial proceedings and equality of arms aims at defining the defence rights, explaining how they should apply as part of a criminal case, and evaluating their long term development. During the trial, rights and principles interlace inextricably. They both have common or reserved scopes, they achieve the same result, sometimes different yet, and they share numerous common grounds and differences that let us conclude they are more complementary than opposite. Adversarial proceedings and equality of arms represent two functional tools emphasizing the effectiveness of rights. Not only they help horizontally evaluate the defence rights, i. E. In a quantitative manner during the whole criminal case, but they also help interpret vertically, i. E. In a qualitative manner by measuring their force. If we question the relationships between rights and principles as part of our triptych, the present analysis indicates, on the one hand, that the implementation of the adversarial proceedings et the equality of arms assures the effectiveness of the defence rights and, on the other hand, that the development of such principles contributes to renewing rights
Pinel, Valérine. "La détention provisoire et son impact sur les droits des justiciables." Master's thesis, Université Laval, 2019. http://hdl.handle.net/20.500.11794/33912.
Full textIn France, just as in Canada, a person that hasn’t been declared guilty yet can be placed in preventive custody to ensure the proper going of the investigation and of justice’s work or simply for security mesures. However, the number of detained convicts and their amount of time spent in custody are growing significantly and reaching an alarming state, especially in France. The following research concerns the repercussions of preventive detention on the fundamentals rights, such as the right of a fair trial. Even though many legal guarantees surround preventive detention, it causes numerous violation of the convict rights, by anticipating, before the actual trial, the questions of guilt and sentence of the defendant. However, the impacts of the preventive detention on the right of freedom and security, the presumption of innocence, the right of a neutral court, the right to have a contradictory trial, the right to be judged in a reasonabe timeframe, don’t affect every defendant the same way, leading, as well, to a violation of the right to stand equal before the law.
Meynaud-Zeroual, Ariane. "L’office des parties dans le procès administratif." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020067.
Full textThe procedure before administrative courts is characterised by a double evolution, which justifies a study to be devoted to the office of the parties in an administrative hearing. As the law of administrative litigation increasingly transforms itself into the law of administrative hearings, one can observe that this process is no longer considered as a trial made to an act, but as a trial between parties. The perspective switch, to which the point of view of the parties to the trial invites, is made possible thanks to an instrument of finalist analysis of the law : the office. This concept makes it possible to question the adequacy between the powers and the charges of the parties - that is, the office stricto sensu - with the goals assigned to them by the legal order - namely, the office lato sensu. Understood as the physical or legal persons who participate in the legal relationship because of a dispute arising from own and contrary claims to a right, the parties to the lawsuit pursue two complementary goals : the interested determination of the dispute and the fair participation in the instance. This study allows to draw two conclusions. On the one hand, the office stricto sensu can be improved in order to better converge toward the office lato sensu. On the other hand, it shows that an opposition between the civil lawsuit and the administrative lawsuit is no longer possible. This study about the parties office in administrative lawsuit reveals the importance of research and teaching in procedural law
Danet, Anaïs. "La présence en droit processuel." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0110/document.
Full textAt the time of the development of new technologies and the increase of legalrepresentation cases, physical and personal presence of trial actors in the justice‘s premisesquestions. The presence, which is considered as the traditional method of organizingprocedural relationships, seems to raise some doubts today, especially because of thecumbersomeness of the procedure involved. Nevertheless, at the same time, voices makethem heard to recognize the existence of a principle of presence.Indeed, the presence of the trial actors should hold its place in the procedural law, becauseof its legal as well as economic legitimacy in the organization of the trial. It appears as thebasis of a guiding principle of the trial according to which the determining proceduraloperations on the outcome of the trial occur in the presence of the parties. From this basis, itfollows many legal situations of presence. This new principle of presence, still at a latentstate for the moment, would benefit from being strengthened in order to preserve the humanface of justice