Dissertations / Theses on the topic 'Droits de la direction'
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Laskar, Caroline. "Le pouvoir de direction des personnes en droit du travail." Nice, 2007. http://www.theses.fr/2008NICE0001.
Full textThe working relation is a contractual relation dominated by the power of the employer. This one centralizes all the powers, he promulgates the standard, he organizes the company, and he sanctions the professional neglects of the employees. Today, the power of direction does not appear any more in itself as the foundation legitimizes of any decision. The employer is henceforth forced to respect the contractual obligations and has to look for the approval of the employee. The influence of the honest notions and the contractual solidarity allowed to spread the perimeter of the employers' obligations. The reference to the contractual techniques strengthens at the same moment the rights of the employee-contracting party and the contractual obligations of the employer. The influence of the fundamental rights and the liberties of the person brought the power of direction to become more democratic. The employee-individual is dedicated, what obliges the employer to envisage a new exercise of its power
Dieng, Françoise. "La direction des sociétés anonymes en droit sénégalais comparé aux droits français, anglais et américain." Paris 1, 1995. http://www.theses.fr/1995PA010269.
Full textThe law nr-85-40 of july 29, 1985, has introduced in Senegal the first corporate law since the independance of this country. This law was inspired by french, english and north-americain laws. Our aim was to compare the senegalese corporate governance with the laws from which it is drawn,in its various aspects: powers,nomination,removal,remuneration,duties, responsibilities of the directors
Gautier, Laurence. "Chartes d'éthique et management des ressources humaines : contenus, contextes d'installation et de diffusion." Lille 1, 1998. http://www.theses.fr/1998LIL12005.
Full textThe elaboration and publication of company codes of ethics have multiplied in the last two decades. This is a new practice in french enterprises. It's corresponds to their convergence of many recent phenomena which affect the companies' environment as well as their development. The object of this study is to establish links between the implication of codes of ethics and their effects on managers. It relies on the analysis of the contents as a body of forty codes, the analysis of ethical procedures and on partially-directed interviews with a diverse range of managers. This study shows that the efficiency of an ethical code depends as much on its contents as on the process involved in its construction
Varcin-Verdun, Françoise. "Le pouvoir patronal de direction." Lyon 2, 2000. http://theses.univ-lyon2.fr/documents/lyon2/2000/varcin_f.
Full textPower lies at the heart of the running of a company. It is the employer's decision-making ability that constitues managerial power. Examining managerial power brings us to wonder about what legally justifies the inegality relationship between employers and employees within a context of civil equality. The fact that companies are linked to one anather in an intricate network of influences makes as question power holding, too. Reffering to the actual exercice of power seems to be the most appropriate means to identify the person who holds power. The employer enjoys an extensive managerial power he exerts over the company's property as well as over the employees. This power is under the control of the legislation and case law, and such normative control represents a safe guard against the arbitrary exercise of managerial power. The power regulating norms are effective so long a they are supervised by authorities entitled to see to it that they are abided by. Our purpose is not to examine the control of legality, but rather to appreciate to what extent and according to what canons the judge and the legal administration are entiled to check the employer's interests, and thereby are likely to call the latter's options into question
Varcin-Verdun, Françoise Jeammaud Antoine. "Le pouvoir patronal de direction." [S.l.] : [s.n.], 2000. http://theses.univ-lyon2.fr/sdx/theses/lyon2/2000/varcin_f.
Full textVan, der Vlist Samuel. "La participation des salariés à la direction de l’entreprise, étude critique." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020069.
Full textThe Employees’ right to take part in the company's management is a fundamental right established by the Preamble to the Constitution of 1946. However, the legal instruments struggle to give concrete effect to this right. The analysis of its deployment highlights the shortcomings of the legal framework and the prospects in order to overcome it. These legal limitations arise throughout the employees’ participation’s legal framework: identification of the interlocutor for employees’ representatives, the decision-making process’ apprehension, the characteristics of the company within which the participation takes place, the representation and the sanction mechanisms. The lack of sharing of the manager’s power is the most prominent weakness: without this power-sharing, the realty of employees’ participation cannot be ensured. The current participatory processes are thus widely formal. Taking into account the participation’s basis highlights the need to strengthen it. The participation of the employees, which originates from the workers’ right to participate to the companies’ management, is also based on the entrepreneurial freedom. The law cannot yet recognize the fundamental value of the entrepreneurial freedom and the participation’s right without trying to truly implement it. This objective is all the more necessary that the employees’ participation to the company’s management rest on democratic symbols such as the common interest and the election
Zabel, Anne-Lise. "Prérogatives et responsabilités des institutions du personnel d'entreprise : contribution à la théorie des droits-fonctions." Thesis, Paris Est, 2010. http://www.theses.fr/2010PEST2008.
Full textIn the business world, the liability of the employer or its representatives is related to their powers. Is it the same concerning the staff representatives ? Answering this question need to determine the nature of the powers available to the mandate holders. Thus, the aim of thisstudy is to propose a classification of the functions of staff representatives, as presented in theLabour regulations. Analyzing their nature leads to put them essentially in the category offunction-rights and often not in the category of the powers. The consequence is not, as expected, the rejection of any responsibility. The label of function-rights leads to an original system of liability, which is able to punish the default of duty to act. The lack of power ofstaff representatives does not mean immunity
Lee, Eunjoo. "La modification de la relation de travail : étude comparative des droits coréen et français." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100027.
Full textThe labour contract is continuous over a long period of time. The worker's working conditions could be modified or adjusted at any time during the duration of a labour relationship with various reasons. Changes in working conditions, or more generally, changes in the labour relationship directly affect the worker's private and professional life and therefore it has a profound impact on both the worker and the employer. The possibility that a worker could negotiate his labour contract with his employer at the time the contract is hard in practice. It is therefore necessary that the regime for amending the labour contract ensures that the working conditions agreed at the time of conclusion of the labour contract cannot be unilaterally modified by the employer regardless of the worker's opinion. The Korean and French legal systems are based on the binding power of a contract. It is therefore obvious that the worker's consent is required to modify the working conditions of the labour contract. The regime for modifying the labour relationship depends on limiting the employer's authority. In France, since 1996, a jurisprudential system has been introduced distinguishing between change of the working conditions and modify of the labour contract. With the evolution of precedent, the regime of modification of the labour contract focuses on the labour contract, it attaches value to the worker's opinion by considering the worker as a party to the contract. Whereas, in Korea, the precedent has focused on interpreting the exercise of employer authority on the basis of “reasonable cause”. Moreover, unlike France, where the regulation of employment has a limited scope, the Korean regulation of employment plays a similar role to that of a labour contract in practice. In this respect, if the amendment of the regulation of employment change unfavorable to the worker, the consent of the group of workers is required.Even if the consent of worker is demanded and even if the worker has a right of refusal about the suggestion of employer, the worker who refuses is still exposed to dismissal. The concept of the consent of worker is often too fragile to be satisfied with its existence. Also, it is difficult to assume that workers' consent is fully protected. Therefore, it is necessary to find method for reflect the worker's real intention. The change in the labour relationship must not be focused on the employer's exercise of authority, but must be interpreted concretely in the context of the changing work environment and the worker's professional life
Delagrave, Anne-Marie. "Le contrôle de l'apparence physique du salarié à la lumière de la Charte des droits et libertés de la personne." Master's thesis, Université Laval, 2009. http://hdl.handle.net/20.500.11794/21194.
Full textLoufrani, Yvan. "Pour la perception du risque juridique dans la perception de la gestion des ressources humaines." Corte, 2008. http://www.theses.fr/2008CORT1054.
Full textWon, Yong-Soo. "Les organes de direction et d'administration dans les sociétés anonymes en droit français et en droit coréen." Paris 5, 1990. http://www.theses.fr/1990PA05D006.
Full textMaul-Sartori, Mathias. "Droits européens d'information relatifs à la relation de travail : la directive 91-533-CEE et sa transposition en droit allemand, français et britannique /." Paris : LGDJ-Lextenso éd, 2008. http://catalogue.bnf.fr/ark:/12148/cb41405148s.
Full textMaul-Sartori, Mathias. "Droits européens d'information relatifs à la relation de travail : la directive 91/533/CEE et sa transposition en droit allemand, français et britannique." Nantes, 2007. http://www.theses.fr/2007NANT4006.
Full textThe present doctoral thesis examines directive 91/533/EEC and its Implementation in France, Germany and Great Britain. The directive confers rights upon employees to be informed about the essentiel points of their employment relation. The employer is obliged to put the information down in writing and to transmit the document to the employee. The information can take the form of a written contract or a unilateral statement by the employer, called "Nachweis" in Germany and "written particularities of employment" in Great Britain. The information can also be transmitted on a document originally serving other purposes. This is the case in France, where the payroll record containing the necessary information assures the transposition of the directive in the first place. The analysis addresses the subjects, who is an employee in the sense of the legislation, which are the essentiel points of the employment relation to be covered, the formalitiei imposed and their enforcement by way of reference to an employment tribunal. It demonstrates the purposes of the information, which to improve the transparency of the labour market and to protect workers against infringement of their rights. Legal consequences of the information rights are presented, their influence on the rules to apply, how they result in compensation and fines or helps the employee to prove his working conditions in legal procedures. The requirements made by community law and its interaction with national law are scrutinised. Where community law preserves national prerogatives, the different solutions developed in France, Germany and Great-Britain are presented and compared
Bernard, Marie-Luce. "Droit du travail et gestion du personnel : recherche sur des interferences." Bordeaux 1, 1991. http://www.theses.fr/1991BOR1D015.
Full textWhen it's a matter scarching conjonctions between work law and personnel management, two trends of opinion, which constitute the two parts of the thesis, can be picket out. At first, work law was received, perceived like a contraint, because one of its functions is to restore the balance between employers and salaried employers. The coming of jurists in the firm has transformed this initial vision and law has become an instrument in the service of the personnel management. This "instrumentalisation" of law gave birth to new practices the legislator couldn't be unconcerned about. That's why the second part, through meaningful examples, demonstrates how the legislator can react to these new practices by rejecting them or by integrating them
Mouzaki, Dionysia. "La médiation des différends civils en droit de l'Union Européenne et ses incidences sur les droits français, anglais et grec." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3021.
Full textWith regard to the Directive n° 52/2008CE of the European Parliament and the Council of 21 May 2008 in certain aspects of mediation in civil and commercial matters, as well as the Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC also the Regulation (EU) n°524/2013 of the European Parliament and the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), this thesis examine the main lines for the development of mediation set out by the European Union. How the tendency to develop mediation within Europe, represented by the directive the European texts above has been reflected in the three legal systems examined? How mediation works in systems where law is rigid and its infringement is being severely sanctioned (civil law applied in France and Greece) and how does it work in common law (applied in the United Kingdom)? Mediation law is nowadays largely presented as a flexible way to avoid court’s costs, longevity and complexity. But should it be integrated in procedural law as a kind of complementary justice within the courts? Can positive law, courts and amiable dispute resolution cooperate in an effective manner? An effective cooperation of public justice and mediation could be of major importance for the improvement of procedural law, as access to justice is not always guaranteed. Public justice has not always being successful, since the severe application of law has been proven unable to create a social and dynamic legal system. Thus, it often cultivates “bitterness” against judicial adventure. In this regard, mediation promises a profound change in the way of settling disputes. However, the idea of a “private” justice based in contract law does not go without mistrusts. The imbalance between the parties is usually obvious in contract law and fosters the strongest party. The question then is to know if a secure legal framework of mediation based on the particularities of national legal systems could facilitate its proper implementation. The main concept of the thesis is to present a legal structure of mediation combined by the European law’s directives and their implementation in the three national laws. But the nature, the process, as well as the relation of mediation with courts are examined in parallel with the conformity of mediation in the article 6 § 1 of the European Convention of Human Rights, the fundamental right of a public hearing by a tribunal
Dervaux, Catherine. "Images et applications du droit du travail dans les PME : contribution à l'analyse du processus de construction des configurations d'usage du droit du travail par les dirigeants de PME." Lille 1, 1997. http://www.theses.fr/1997LIL12018.
Full textConstraint, instrument, resource or simply, an element of the management, the labor law perception by the sme managers is multiform. The main topic of this research is to clarify the managers' mental pictures and feeling concerning the labor law by linking them to their legal choices. After a review of the rules' objective reality, our analysis is organized around two main questions. Which kind of patterns emerge from the observation of the sme implementation of law? which are the criteria's underlying these patterns? the chosen empirical-inductive approach allows us to realize the analysis according to more and more complex successive levels. The labor law's cognition of the sme managers constitutes the starting point of our study. It leads us to the linking forces which are structuring the law implementation patterns and which give them consistency, between rules' value and managers' experiences
Przybyszewski, Arnaud. "Etude sur la notion d'intérêt du service en droit de la fonction publique." Reims, 2003. http://www.theses.fr/2003REIMD008.
Full textThe service interest is a recurrent notion in the french public offices law since 1821. As a disruption of the general interest applied to the public offices law, it is mostly an adaptable notion allowing the "ministers", high civil services heads of department to enforce a strong, athoritary hierarchic power, up to arbitrary. Without even this arbitrary being punished by administration judges ot that the heads of departments would be able to rule their administration without authoritary management
Maniatis, Vassilios. "Union européenne, entreprises et éducation : gestion des compétences et " Education tout au long de la vie "." Grenoble 2, 2005. http://www.theses.fr/2005GRE21025.
Full textBenhenni, Abdelkader. "Le constitutionnalisme et la pratique institutionnelle en Algérie / Benhenni Abdelkader ; [sous la direction de] Pierre Lunel,. . ." Paris 8, 2003. http://www.theses.fr/2003PA084218.
Full textRoebben, Jean-Dominique. "Gestion des ressources humaines et Brevets." Paris 2, 2005. http://www.theses.fr/2005PA020081.
Full textVoynnet-Fourboul, Catherine. "Management stratégique du Comité d'Entreprise Européen." Lyon 3, 2000. http://www.theses.fr/2000LYO33021.
Full textBOUALI, BOUMEDIENE. "Le secteur de l'industrie des hydrocarbures en algerie : statut general du travailleur? autonomie des entreprises, et motivation du personnel." Paris, CNAM, 1997. http://www.theses.fr/1997CNAM0277.
Full textIn algeria, the shift from a centralized and planned economy to a free-market system involving selfgovernment policy has been experiencing its transient stage since 1988. In this field, the human resource function stands for the central parameter of the analysis of this dissertation. Within this function, the analysis deals particularly with the variable motivation at work. As an additional part, an on-site survey has been conducted within a set of sixteen hydrocarbon firms. The question here is to find out the necessary means to conciliate the set of the social and political system parameters, with the management policy of the state-owned enterprise. Hence, the statement of the problem subtending this work : "following the failure of the current centralized system of the management of the human resources function variables - developing within + rigid system of a planned economy - in using this function as an economical lever to strengthen the efficiency of the state-owned firm in general and especially the hydrocarbons industrie's units , more particularly through the socialist organization of the enterprise and the algerian labor code (s. G. T. ), how and to what extent the new economical reforms of autonomy, once integrated within a still centralized and unified framework, could put that reinforcement in, concrete form ?" the analysis has been conducted towards three directions : (1) the management systems of the algerian state-owned enterprise since the independance, (2) the development of the hydrocarbons sector in algeria, and (3) the industrial psychology theories and the analysis of their concepts with regard to personnel motivation within that sector. The stimuli will be essentially traced within the firm's management policy. In this analysis, the skinnerian environment will be essential. Finally, this work tries to define the requirements for conciliating the current situation with the liabilities related to thirty years of centralized human resources management (1966-1996)
Wanègue, Mickaël. "Du risque au péril, dialectiques de la protection du vulnérable : la pratique du mandat judiciaire en direction des majeurs protégés." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM3009.
Full textSubsequent to court decision, authorized representatives (MJPMs) intervene in the lives of vulnerable adults ostensibly to ensure their protection. When contemplating statutory legislation and one-to-one interaction with vulnerable person/s, the central question is: How do MJPMs enact their perceived protection missions? Questions surround both debate and the choices proposed, and the strategies employed by authorized representatives when implementing the requisite protection policies. Professional practice investigates the notion of activity via a combination of ergology and language interaction. Interviews with MJPMs and their managers, and field observation of the interaction between MJPMs and protected adults elucidated the reality of the mission of protection. Priority is given to the human relationship institutionalized through a legal framework and confrontation with vulnerability. MJPM practices are crossed by three axes that have been identified and which intersect each other, i.e., the authority of the judiciary, vulnerability, and the self-autonomy of the protected person according to the legal reform of 5 March 2007. For the MJPM, debate surrounding the perceived norms, together with some main values, starts from this nodal point. The purpose of this study is not only to explicate and emphasize these values, but to underscore their value as training needs for the better fulfillment of the MJPMs’ mission
Cauchon, Hubert. "Le privilège parlementaire de gestion du personnel des assemblées législatives au Canada." Thesis, Université Laval, 2008. http://www.theses.ulaval.ca/2008/25837/25837.pdf.
Full textBarredy, Céline-Hélène. "Le choix de la société anonyme à directoire et conseil de surveillance dans la société familiale cotée comme mode de gouvernance." Bordeaux 4, 2005. http://www.theses.fr/2005BOR40022.
Full textLe, Nabasque Hervé. "Le pouvoir dans l'entreprise. Essai sur le droit d'entreprise." Rennes 1, 1986. http://www.theses.fr/1986REN11012.
Full textDi, Francesco Dimitri. "La doctrine administrative de la commande publique." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020024.
Full textContrary to the tax doctrine, the administrative doctrine of public contracts, even though its foundation is old, has only recently been an object of study. However, being an essential tool for the administrations, the administrative doctrine demonstrates the unilateral nature of the public action because it is the instrumentum by which the Direction of Legal Affairs of the economic and financial ministries (DAJ) gives an interpretation of this technical law field. An empirical and prospective study of this administrative doctrine should lead to highlighting all these underground sources of public contrats on which all the actors relies
Sjöden, Eric. "Les raisons impérieuses d’intérêt général en droit de l’Union européenne." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020058.
Full textThe mandatory requirements in the European Union law are reasons who can justify restrictions to the differents freedom of movements. So, those mandatory requirements are a justification method. An essentially jurisprudential justification method because it is the Court of justice who theorized it. It established thoses reasons in the Cassis de Dijon case, extended their application to every free movements and regulated their application. So, those mandatory requirements are also subject to the will of the Court and to its uncertainties. Therefore, if the jurisprudence is uncertain about interests named as mandatory requirements and even conflicting about its conditions, the mandatory requirements are an essentially jurisprudential justification method. Although, if some European Union law texts resume the jurisprudential made theory, they are truly loyal to the jurisprudence. Those texts, both primary and secondary law, pick up essential elements of the theory, in particular the conditions created by the Court. But those texts also copy the Courts imperfections about the theory. They even have a border between mandatory requirements and other justification methods equally blurred in the texts and in the jurisprudence. Thus, despite the retake of the theory of mandatory requirements in texts, this justification method stays essentially jurisprudential
Viterbo, François. "Le Controle de la constitution et les nullités des sociétés anonymes, selon la première directive européenne du 9/03/1968, en droits français et italien." Paris 1, 1997. http://www.theses.fr/1997PA010259.
Full textThe first E. E. C. Directive on companies, dated march 9th, 1968, imposed the E. E. C. Members the institution of a preventive control on the set up of companies incorporated with limited liability. The result of this control would be to reduce the causes of nullity assigning these companies. It is obvious that these two prescriptions were not carried through in the french law. The control of the company's register clerk is not a judicial one, and the causes of nullity are still the contract-based one's. It is important to proceed to the study of italian law to realize what forbids the french law to a fully integration of the directive. The italian law accurately transposed the directive as soon as it was published. It constitutes an example of the difficulties that followed and the advantages it generated. The italian law shows that a correct integration of the directive needs a lightening of the effects of the will's autonomy at the constitution time (part one). In the same time, the lack of consideration of the associate's initial will should be noticed in the nullity regime (part two). It allows to specify the field and range of each and every cause of nullity listed by the directive, to seize the important matters and to avoid misinterpretations. Finally, the establishment of some modern companies theories allows the italian law to demonstrate the inapplicability of a number of mechanisms, among them simulation, to the companies incorporated. The application of these two basic principles sets up the most necessary development course of these companies. The italian contribution is significant in this field. Innovative mechanisms are set up, making up for stemming from the contractual concept of the company
Diarte, Elsa. "Les informations sanitaires à visée économique relatives à la spécialité pharmaceutique remboursable émanant de la Direction des études et de l'information pharmaco-économiques." Bordeaux 2, 1999. http://www.theses.fr/1999BOR2P054.
Full textLajoie, Dave. "Les représentations sociales du harcèlement moral au travail des travailleurs et des travailleuses dans un Centre de santé et de services sociaux au Québec." Master's thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/30096.
Full textIlieva, Valéria. "L’exigence d’objectivité en droit du travail." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100120/document.
Full textAny employer’s decision has to meet the requirement of objectivity, implying that his power cannot be arbitrary, i.e. the employer is prohibited to base any decision on his own personal views. Thus, the employer has to base each decision, outside his discretionary power, on provable factual premises. The objectivity test applies to vocationnal assesment, dismissal, and differenciation between employees. However, the objectivity test is ambivalent as some employers exploit this requirement to restrict employees’ fundamental rights in the name of the company’s interests or some other specific interests. This is all the more easy as judges’ control on employer’s objectiveness is rather loose. Therefore, employers’ staff management have to be scrutinisied on some other legal grounds. On the whole the objectivity test has rather a relative importance
Dumont, Hicaubert Léa. "La conciliation entre la protection des droits des travailleurs et la promotion des libertés économiques. Le cas du détachement de travailleurs dans le cadre d’une prestation de services." Thesis, Pau, 2020. http://www.theses.fr/2020PAUU2072.
Full textStudying the question of conciliating the protection of workers' rights and the promotion of economic freedoms in the framework of the posting of workers shows that, as the European Union is based on the promotion of economic freedoms, the Court of Justice favors freedom to provide services. However, we note that it is a real choice of legal policy because in other areas, or in the context of other legal orders, such conciliation does not produce the same results. The intervention of the Union legislature by the adoption of a directive on the posting of workers has not changed these conclusions. However, these solutions lead today to a paradoxical situation from an economic point of view, the western States of the Union denouncing significant social dumping by the part of the companies established in the Central and Eastern European States. This dumping led to the adoption of a new directive in 2018 which aims to restore a balance between the protection of workers' rights and the promotion of the freedom to provide services. However, the in-depth analysis of the text and the influence of the judgments of the Court of Justice, allow some lingering doubt regarding the achievement of such a balance
Mezouar, Mehdi. "L'analyse en droit comparé, français italien, des méthodes de lutte contre l'évasion fiscale internationale pratiquée par les grandes entreprises via les prix de transfert." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1020/document.
Full textThe aim of my thesis is to improve the fight against manipulation of transfer pricing by introducing legal mechanisms that take account of the economic reality of the same group of companies . Intra-company trade accounts for 60 % of world trade , it is essential to require multinational groups as well as various European governments in particular to a constructive dialogue in order to secure public finances of each State, but also the taxation of these companies in their thus avoiding potential enhancement and spreading the problem of double taxation. To do our analysis is carried in the first place on the value of goods and services or how to quantify this value in accordance with our liberal economic theory . Then we took a look at ciritique the theory and practice of tax law in this area by adopting a comparative approach between France and Italy . The goal is to improve existing and create new ways such as the European Agreement Preventive Accord on tranfer pricing which impose our Member States to reach an agreement on the tax treatment practice on transfer pricing within a group on European territory. And to enhance the effectiveness of tax correction multinational groups we propose the establishment of the European Agency for Tax Audit (EATA) who would enjoy a certain autonomy and whose function is to conduct audits on larger groups located in Europe and propose a common rectification and solving the problem of double taxation
Ranquet, Marie. "L'accès aux archives publiques en France. Le droit et la pratique vus par les archivistes depuis 1979." Electronic Thesis or Diss., Paris, Ecole nationale des chartes, 2016. http://www.theses.fr/2016ENCP0002.
Full textFrench archives are ruled by several laws and decrees. First of them go back to French Revolution : it is the law of Messidor 7, year II, by which the idea of free access to archives for citizens is brought out. This idea is nevertheless still quite far from the French Freedom of Information act taken in 1978, in the general context of « laws of 3d-generation rights of men ». The Messidor law is amended during the 19th century to take into account the necessary protection of the interests of State and families. It is repealed by the law n°79-18 of January 3d, 1979 ; this law establishes for the first time the principle of terms for accessing to archives. It is in turn repealed by the law n°2008-696 of July 15th, 2008, which comes after decade-long controversy about access to Second World War archives in particular: even if the mere existence of secret is well accepted, the terms themselves under which these secrets should be held expired are a public issue.Despite a well-shared idea, restrictions on archives'accessibility keep getting stronger. Specific access regimes such as classified informations or medical secrecy gradually become conflicting with the general right of access to archives.The 2008 law arouses many practical interrogations among archivists, confronted with a modification of the communicability terms as well as a deep change in method, these terms being now determined by the degree of sensibility of the information rather than by the nature of the document itself
Barège, Alexandre. "L'éthique et le rapport de travail." Lille 2, 2006. http://www.theses.fr/2006LIL20009.
Full textWorkplace dynamics is often thought of as solely based on conflicting individual and group interest ; whereas work ethics, is often considered as a mere management tool. This way of considering workplace dynamics is wrong, because it does not account for the fact that the concept of work ethics is two-fold. To study work ethics and workplace dynamics, one must consider the former just as aregulation tool. On the one hand, work ethics is concerned with the values of society. Companies are at both the generating and receiving ends of social values. Therefore, they can be considered as intermediary structures of the society. The success of a company depends on its employees ; therefore, the wellbeing of its employees must be one of its purposes. This brings about the idea of corporate social performance. On the other hand, work ethics can also be seen from a behavioral point of view. Every member of a company must abide by the rules and accept the social values of the society. This brings about the idea of a work ethics based on consensual agreement. We need to transcend the concept of work ethics as a simple matter of conflicting interests. A relational contract law defines and clarifies workplace dynamics because it takes into account its full ethical dimension
Gualco, Elena. "La non-discrimination en raison de l’âge en tant que principe et droit fondamental dans l’ordre juridique de l’Union européenne." Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100087.
Full textThis thesis focuses on the development of the issue of age discrimination in the EU context and in the Court of Justice leading cases. On the one side, the paper underlines the weaknesses of this specific ground of discrimination due to three main elements: i) the variability and universal impact of the “age factor”; ii) the existence of some provisions (such as art. 6, Council Directive 2000/78/EC) which seem to be unable in ensuring a complete protection in this field; iii) the role of age as an intrinsic criteria of labour market legislation, meaning that, in some circumstances, differences in treatment may be justified under legitimate aims. On the other side, the analysis of recent ECJ case law addresses other reflections concerning, first of all, the horizontal direct effect given to non-discrimination on ground of age as a general principle of EU law; then, the role and the importance of the European Charter of Fundamental Rights and its provisions on age discrimination; furthermore, the necessity to balance the protection of this fundamental right with Member States discretion concerning employment policies
Clément, Emmanuelle. "L'établissement distinct en droit du travail." Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20026.
Full textThe separate establishment has become an unavoidable concept in the life of the companies and a recurring notion in the legal texts and the jurisprudence. In the simplest case, the company has only one work unit, consisting of activities and personnel in one place. The enterprise and the single establishment are then merged. But since it develops a large workforce and its complex structure requires the establishment of a suitable organization, it is dismembered and divided into establishments. The separate establishment then becomes a center of activity of the company geographically or materially isolated. Labor law attempts to seize the distinct establishment in multiple dimensions and does not adopt the same approach depending on the utility that its recognition can bring to the company. The purpose of this research is to grasp the multiplicity of realities encompassed by the distinct institution and to clarify how the legislature and the courts tend to optimize it according to the role assigned to it. Concomitantly, it is a question of verifying the desirability of refocusing the relations of labor law at the level of the establishment rather than at the level of the enterprise and the resulting consequences
Dalix, Jean-Christophe. "La dérégulation de l’invocabilité objective d’exclusion des directives européennes." Thesis, université Paris-Saclay, 2020. http://www.theses.fr/2020UPASH004.
Full textMore than forty years after the Court of Justice, through the Van Duyn judgment, lifted the inability of directives to have a directly applicable character, the question of their invocability or their legal effect within national legal orders remains a point sensitive in terms of doctrinal debates and constant controversies within the Court of Justice. In fact, by decompartmentalizing the regulation of the normative intensity of the immediate effect of directives and, more generally, that of the com-pulsory secondary law of the orthodoxy of Article 288 TFEU, the Court of Justice has upset the normative ba-lance that ensued. However, faced with the decisive issue involved in the invocation of directives from the point of view of the distribution of powers, the mistrust expressed by certain constitutional courts to address the Court of Justice, led the Luxembourg judge to reconsider his posi-tion. Thus, from 1979, he will associate with this decompartmentalization a process of recomposition of the crystallization of the normative equilibrium initially decided by article 288 TFEU. By this process of recom-position, on the one hand, he will adjust in the form of limitation the extent of the subjective direct applicability of substitution for directives and, on the other hand, he will readjust in the form of restriction the extent of their direct applicability exclusionary objective. From this device, it emerges the rupture of the deep unity of the legal order of the Union, the origin of which derives from the deregulation of the objective invocability of exclusion of directives causing on the one hand, by the fragmentation of its conditions for application the etiolation of the objective justiciability of exclusion from Union law and on the other hand, by the bursting of its foundation the destructuring of objective justiciability of exclusion from Union law. Therefore, in order to recover an overall rationality, it seems reasonable to place the objective invocability of exclusion of directives in the logic resulting from the judgment Verbond nederlandse ondernemingen (VNO)
Phillips, Gavin Peter. "Cyclostationary direction finding." Thesis, University of Birmingham, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.433698.
Full textCincotti, Alessandra. "Vers un droit européen des biotechnologies ?" Thesis, Paris Sciences et Lettres (ComUE), 2018. http://www.theses.fr/2018PSLED083.
Full textThe development of biotechnologies applied to health has inevitably be followed by a large debate regarding the legal protection that should be granted. This thesis addresses the legal protection of biotechnological inventions in the health sector under industrial property law and, in particular, from the legal perspective of Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions. The main assumption of this thesis is the emergence of a European biotechnology law, an original area of law, slippery, changing and very labile, like the living. Similarly, the concept of “biotechnology” is itself slippery and evolving. This thesis provides a reflection on the place of patent law with respect to biotechnologies. It focuses on the adequacy of Directive 98/44/CE with regard to the legal protection of new biotechnological inventions applied to health, which includes CRISPR/Cas9 gene editing technology. The study focuses on European patent law and the national laws of some of the Member States (primarily, French law and Italian law, taking into account the legal background of the author). In addition, relevant comparisons with United States patent law have been conducted. Indeed, the United States are a leading market for biotechnology companies
Sefiani, Kaouter. "Droits de l'homme et droits des peuples en Afrique." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb376098520.
Full textSefiani, Kaouter. "Droits de l'homme et droits des peuples en Afrique." Paris 1, 1987. http://www.theses.fr/1987PA010282.
Full textGury, Geoffrey. "L'accord collectif de groupe : contribution à l'étude du droit des groupes." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020082.
Full textThe globalisation of the economy has greatly contributed to the creation of groups of companies both nationally and internationally. The recognition of the group collective agreement by the judge, followed by the law of May 4th, 2004, has effected a partial adaption of French employment and labour law to its reality. In harmonising the employment standards and methodology enforced in the various entities composing the group, it has contributed to forging its identity. Even in considering only the agreements signed in France, many difficulties remain, whether about the conclusion of the agreement (scope? parties? content?) or its legal framework (enforcement and impact?). More so than strictly-national agreements, transnational ones give rise to complex questions, due to the difficulty in clearly defining their legal framework. Proposals herein are made in respect to the liberty and autonomy of the social partners
Franzén, Fernando. "Direction Finding : Determine the direction to a transmitter with randomly placed sensors." Thesis, KTH, Skolan för elektroteknik och datavetenskap (EECS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-253204.
Full textDet finns många individer och mobila platformar som använder sändare idag. Vissa vill bli hittade, andra inte. I vårat moderna samhälle är det en stor efterfrågan på rörlighet och kommunikationsmöjligheter. Detta innebär att många mobila plattformar skulle kunna spela in signaler för att användas i radiopejling. Denna uppsats identifierar möjligheten att bestämma riktningen till en sändare med slumpmässigt placerade sensorer. Genom litteraturstudien identifierades de välkända riktningsmetoder som Time Difference Of Arrivial (TDOA) och MUltiple SIgnal Classification (MUSIC) som vidare valdes som metoder i denna analys. Två antennstrukturer används i analyserna. Den ena är en Uniform Circular Array (UCA) och den andra är en Random Circular Array (RCA). RCA är genererad med slumpmässigt utplacerade sensorer. Prestandan i riktningsuppskattningen undersöks när det existerar ett tidssynkroniseringsfel, olika antal sensorer i antennstrukturerna, varierande radier och olika signaloch brusförhållanden.Ä ventvetydigheter undersöks i strukturerna för att säkerställa att en entydig riktningsbestämning kan utföras. Resultaten implicerar att noggrannheten i riktningsbestämningen är beroende avantalet element, SNR, elementens position och radien i antennmatrisen. Utöver detta visar resultaten att en UCA har högre noggrannhet än en RCA då elementen är slumpmässigt utplacerade inom en cirkelradie, R. Slutligen, om tidssynkroniseringsfel uppstår mellan sensorerna kommer detta resultera i minskad noggrannhet när MUSIC metoden tillämpas.
Frugis, Maurizio Raffaele. "Les pouvoirs de l'employeur public en droit comparé franco-italien." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020027/document.
Full textThis research consists in a comparison between the legal instruments of human resource management in the French and Italian public service sector. The objective is to evaluate their efficacy and uncover the main problems linked to their implementation. In the Italian public service sector, the manager is assimilated to the employer found in private firms. The link between the public servant and the administration is first regulated by a specific law, then by collective bargaining and labour law. In the French system, labour law isn’t applied to the public service sector. However, labour law has an influence on it, and vice versa. Collective bargaining doesn't have any formal rule because the civil servant must accept conditions imposed by the administration. Despite appearances, throughout their evolution the two systems seem to increasingly resemble each other, particularly in the realm of human resource management legal instruments, the use of temporary jobs and the rule of collective bargaining. It seems that flexibility in human resource management isn’t necessarily associated to the nature – public, private or mixed - of the link between the public servant and the administration. The choice between unilateralism and negotiation, administrative law and labour law doesn’t matter so much. Though French statute law is flexible, there are some political and administrative customs which are damaging. In both Italy and France, public administrations do not need to ignore - respectively - privatisation and statute law in order to become more effective. It seems that public administrations do not use all the possibilities offered by existing laws. They have to invest in human resources in order to transform office directors into real managers, rather than to continuously work on useless or damaging radical reforms
Bouffard, Jennifer. "La transposition de la directive de 2005 relative aux pratiques commerciales déloyales." Thesis, Montpellier, 2019. http://www.theses.fr/2019MONTD029.
Full textConsumer law is a subject about which the European Union has made a lot of interventions. Since the early 2000's it has been done through full harmonisation, a method which tends to unify national laws. The 2005 directive concerning unfair commercial practices is the first to expressively state that its measures are full harmonisation ones. Starting from the defective compliant transposition of the directive, I study the reasons of the failing of this transposition in compliance with the directive, then I look for a better transposition. This consideration also permits to discuss the relevance of the use of the method of full harmonisation
Wilcox, D. C. "MIMO radar direction finding." Thesis, Queen's University Belfast, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.546432.
Full textPike, Stephen. "Spiritual direction for pastors." Theological Research Exchange Network (TREN), 2000. http://www.tren.com.
Full textLe, Guern Hervé. "La Direction du budget." Lille : A.N.R.T, 1985. http://catalogue.bnf.fr/ark:/12148/cb361055677.
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