Dissertations / Theses on the topic 'Droits-Garanties'
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Paulus, Arnaud. "Protections et garanties du cessionnaire de droits sociaux." Nice, 1994. http://www.theses.fr/1994NICE0011.
Full text-This work is a doctoral law's thesis about somme specific aspects of the purchase of shares or, broadly speaking, purchase of securites. - when the purchase's contract appeared to be less rewarding to the purchaser than contemplated, is there any remedy ? - if there is no question about the validity of consent and in the absence of any wrongdoing from the seller, a legar warranty is available to the purchaser. But legal warranty does not protect much, the purchaser may therefore need to bargain warranty clauses in the very contract to fill the loopholes as far as possible. The aim of this work is to bring out the complexity and many snares and problems behind these clauses (. . . ) And to suggest, according to each case, possible anxwers and solutions
Achouri, Faraj. "Les garanties des droits dans les constitutions des pays arabes." Thesis, Université de Lorraine, 2018. http://www.theses.fr/2018LORR0214.
Full textThe events that took place recently in some Arab countries since the end of 2011 showed the legal shortcomings in these countries with regard to the legal texts governing the rights and their constitutional and judicial guarantees. These events also showed the need to strengthen the guarantees of the rights set forth in the constitutional texts, the need to develop mechanisms to ensure respect by all. This has prompted several countries to make constitutional reforms or rewrite new constitutions in order to respond to popular demands. To understand the situation of rights and their guarantees in Arab constitutions, it is necessary to study, as a first step, the normative guarantees of rights. The objective is to examine the constitutional existence of the rights in the States because even before questioning their contents and their effective guarantee, one must already make sure that they are indeed legal norms. The principle of the separation of powers, which is one of the pillars of the rule of law, deserves to be examined in the Arab countries as an inseparable element of the guarantees of rights in the Constitution. In a second step, the role of the Arab judge in the protection of rights should be highlighted because the proclamation of rights alone is not enough to guarantee the rights against the threats against them, but let him be protected. It is therefore the judge who has the power to find violations of the rule of law and, if necessary, to punish them in order to ensure respect for the law. In this context, two types of judicial sanctions can be envisaged, by the constitutional judge and the judicial judge
Kalakech, Aurélie. "La mise en oeuvre des garanties de cessions de droits sociaux." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1080.
Full textSince the transferee is not immune to the risks associated to the transfer of shares, he inserts guarantees in his contract. But the effectiveness of such clauses is not fully guaranteed. The implementation of guarantee faces some difficulties. These problems have two origins. They are first of all related to poor drafting of the convention. In the absence of a prototype for the development of such clauses, which put the transferee free of occurrence of a liability, this mission is difficult. They are then liked to the absence of legal rules relative to the subject. Judges try to fill this legal vacuum, however the various solutions provided by jurisdictions makes decisions unpredictable. We then try to recommend solutions related to these guarantees, which provides a higher protection to the transferee
El, Kouhene Mohamed. "Les Garanties fondamentales de la personne en droit humanitaire et droits de l'homme." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb375942775.
Full textMuftah, Abdusalam. "La protection des droits de l'homme en libye : garanties législatives et juridictionnelles (1969-2011)." Thesis, Toulon, 2014. http://www.theses.fr/2014TOUL0082.
Full textIn September 1969, a coup led by Gaddafi and his companions will result in a model of government based on the concept of the Republic which finds it’s theoretical references in the content of the Green Book of Gaddafi. The advent of the Republic, also called "Revolution", claimed to implement the exercise of power by the people (Jamahir) through congresses and people's committees. In fact, the first question that faces us is to identify the type of state force in Libya. Raising this point is also questioning the place of human rights in Libya's institutional architecture. And in this light, the idea must be that the organizations of human rights and freedoms are relieving from successive documents: Declaration of 1969; Green Charter of Human Rights of 1988, Freedoms Consolidation Act 1991. Soon after arose the question of the legal status of these texts in the hierarchy of norms, provided there is no constitution in Libya itself. This is a key issue, since from this qualification depend the degree of guarantee of rights and freedoms. The importance of a study of the main features of Libyan legislation is measured. It remains to add that the recognition of the rights affirmed in theory, depends on the order "revolutionary" which imposes the obligation to respect and protect the Republic. Address this point is to show the obstacles that may be the political regime on the protection of rights; it is also questioning the judge's role as a guardian of freedom. The analysis of this aspect involves an approach to the scope and limitations of the control of state action, whether administrative supervision or control of the constitutionality of laws, knowing that the combination of these two techniques are used in principle to provide citizens with a warranty and insurance to fully exercise their rights and freedoms. Yet again, the judicial remedies designed to ensure the protection of human rights are likely to face the kind of diet that emphasizes the protection of the "revolution" at the expense of all other freedoms. It is in another way to support that the institutional system as a whole constitutes a restriction on the Protection of the Rights. Discussing this reality is exposing the barriers within the same practice of power. Ultimately, the nature of the regime and the ideology of the Libyan determine the form of expression of fundamental rights. That's the whole point of the relationship between public power and freedoms that we propose to study in the context of this work
Caffin-Moi, Marie. "Cession de droits sociaux et droit des contrats." Paris 11, 2007. http://www.theses.fr/2007PA111016.
Full textMusbah, Arabi. "La question des droits de l'homme et des libertés en Libye : reconnaissance constitutionnelle et garanties effectives." Thesis, Tours, 2016. http://www.theses.fr/2016TOUR1004/document.
Full textSince its independence in 1951 Libya has given great priority to human rights and freedoms. The Constitutional Declaration proclaimed, on August 3, 2011 following the “Arab Spring”, opened new horizons while laying the foundations for a new democratic state respectful of human rights beyond the Gaddafi era. Indeed, the Constitutional Declaration is specific about the kinds of rights and freedom the new Libyan state would like to support both nationally and internationally. Such rights and freedoms were embedded within the Constitutional Declaration and prioritized in order to protect them from any abuses by the different executive government branches. This means that individual citizens are constitutionally enabled to seek judiciary protection before local courts whenever their rights are infringed or abused. Rights and freedoms are meaningless unless constitutionally protected and supported through providing for non-judiciary guarantees centered on judiciary independence both as process and practitioners i.e. impartiality of judges
Eca, Wa Lwenga. "Les garanties de l'accusé en procédure pénale congolaise : sous l'éclairage comparé des droits belges et français." Université Robert Schuman (Strasbourg) (1971-2008), 2000. http://www.theses.fr/2000STR30017.
Full textThe issues of our research deal with two fundarnental questions. The first issue: does there not exist the risk of violating the rights of the accused in a judicial system such as that which exists in the Congo where it is the prosecutor who later takes part in the trial and who prepares the file? The second question: are the rights of the accused not compromised in a system in which even the magistrate can accumulate all the functions of the penal system before the law courts? The developments are set out in three parts. In the first part which deals with the right of the accused to be presumed innocent, we have exarnined the problem of the responsibility for bringing evidence which should be the prosecutor's responsibiJity, but the law and jurisprudence often put the burden of proof on the shoulders of the accused. We have also dealt with the violation of the presumption of innocence which takes the form of police detention, preventive detention, house-searches and house visits. Finally, we have examined the rights derived from the presumption of innocence which are the right to remain silent and the right not to incriminate oneself. The second part has been devoted to the study of the right to trial with all of its aspects (independence and impartiality), the aspects of the trial (public hearing and the principle of opposing arguments) and the aspects of the verdict (the motivation of the judicial decisions and the remedies at law). The third section deals with the right to a defence and notably to the right to defend oneself and to be aided by a defence lawyer of one's choice. The result of our research is as follows : the accused is practically without rights in the preliminary phase before the verdict in Congolese law ; on the other hand, he does have substantial rights when he appears before the judge. Yet there are two criticisms that can be levelled at this stage of the trial : first, there is a breach of the impartiality of justice due to the fact that before the law courts the same magistrate can accumulate all the functions of penal justice, and also the fact that certain procedural formalities are not adapted to the social realities of the Congo. After comparing the question with Belgian law, French law and European ordinary law, we propose an immediate reform of the Congolese preliminary investigation, notably for allowing the accused the right to be aided by a lawyer from the initial police phase of the case, the right to personal knowledge of the file of investigation, the right to receive a copy of the official report of the hearing written by the competent authority as well as to the establishing of a judicial authority responsible for regulating the appeals made by the parties against the decisions of the examining magistrates during the preliminary investigation. In order to ensure the impartiality of justice in the verdict phase, we propose the abolition of the accumulation of the functions of penal justice by the same magistrate notably by the means of the linking up of the prosecuting magistrates before the law courts. We also propose the abolition of useless procedural formalities and particularly the removal of the confirmation of having the appeal set aside within a limit of three months after the parties have presented il before the jurisdiction which has rendered the decision which has been attacked. Finally, in order to re-establish the citizens' equality before the law, we propose the abolition of the privileges of the investigation established in favour of one category of citizens and in particular the abolition of the procedure called preliminary arraignment by the President of the Republic
Astaing, Antoine. "Droits et garanties de l'accusé dans le procès criminel d'Ancien Régime (XVI-XVIIIe s. ) : audace et pusillanimité de la doctrine pénale française." Montpellier 1, 1996. http://www.theses.fr/1996MON10044.
Full textThe opinions of the criminalists concerning the guaranties of the accused in the criminal procedure of the ancien regime has not been studied. Historians have paid little attention to the protection granted the accused, and have stressed rather, the rigerous nature of secret procedure, the inhuman caracter of the use of torture, the severity of the punishments meted out. In fact, in the light of rules of procedure and innovations of the criminalists, one can affirm that the accused benefited from general protection and specific means of procedure to assure his defense. Often helped by relatives, allies or a lawyer, the accused had possibility to propose, suggest, or protest during a trial. Although the criminalists introduced innovations in criminal procedure, they were reticent to innovate in the protection of the accused and in the fields of evidence and punishment the principles of criminal law remained the same, despite some improvements brought by doctrine. In the case of serious crimes, the use of torture and the uncertainty of the type of punishment seriously limited the protection of the accused
Panhard, Maxime. "Arbitrage international et garanties de passif." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D087.
Full textInternational arbitration became the natural choice when it comes to select a dispute resolution method in international comercial operations. Even if M&A operations followed this trend, some legal complications remained in French law, that have been gradually solved over the past twenty years. Yet, most of the post-closing disputes regard the execution of the so called ‘representations and warranties’ dispositions. These provision show some crucial specificities that parties must take into account when they negotiate an arbitration clause. Given the fast evolution of international arbitration and the practice of the M&A sector, these specificities can change rapidly in comparative law. The current trend in favor of arbitration for representations and warranties disputes make it a judicious research subject, being it from a practical point of view, as well as the insights given for the evolution of the solutions in French law. Thus, this work explores the opportunity of arbitration for international M&A operations, as well as the specific challenges brought by post-closing disputes for the international arbitration practice, with or without the application of French law. The results regard mainly French law practice, studying the opportunity of arbitration for representations and warranties, as well as the technical consequences and pitfalls. They also bring new elements to issues that regard international arbitration
Dodou, Bienvenue. "Le report des garanties accessoires sur l'obligation de restitution en cas d'anéantissement du contrat principal : étude des droits privés français et de l'OHADA." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA024.
Full textThe postponement of ancillary guarantees on the obligation to return the terminated main contract is a rule of the Civil Code in the version resulting from Order No. 2016-131 of 10 February 2016 related to the reform of contract law of the general regime and the proof of obligations. Specifically, the rule is formulated by article 1352-9 of the Civil Code: "Securities created for the payment of the obligation are automatically transferred under the obligation to return without however depriving the surety of the benefit of the term". It is about the codification of case law handed down first in the field of suretyship, then extended to mortgages, and finally, by generalization, to all securities, including solidarity. The scope of such a rule is therefore general in French law. In the uniform business law of OHADA, the revised Uniform Act on the Organization of Security Interests has not provided for such a rule. On the other hand, the recent draft text of the Uniform Act on the general law of obligations in the OHADA area provides, under the inspiration of the solution adopted in French law, for the adoption of the rule in the form of an "extension" of the accessory guarantees on the obligation to return the terminated main contract. Indeed, Article 210 paragraph 1 of the aforementioned draft uniform text states: "The guarantees stipulated for the payment of the original obligation are extended to the obligation of restitution". The wording of the two texts, Articles 1352-9 of the Civil Code and 210 paragraph 1 of the draft uniform text, are different, but the logic and legislative policy of both legal systems converge. This thesis focuses on the determination of the legal nature of the deferral (or extension) mechanism and its regime. It defends the view that postponement (or extension) is not a technical concept. The deferral is actually a double substitution: a substitution in the main report and a substitution in the bond report
Satan, Ali. "Les dispositifs juridiques de lutte contre le terrorisme et les garanties des droits fondamentaux, le cas de la France et des pays du Golfe." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D089.
Full textIn the context of our study, we found that despite a certain degree of conformity of national and regional legislation with the UN strategy and the international conventions on the fight against terrorism, the fact remains that the effectiveness of these texts is relative, despite their number. The proof is the proliferation of terrorist attacks around the world and particularly in France. Indeed, in France, as elsewhere in the world, anti-terrorist measures are taken in the aftermath of the attacks, often under the effect of emotion and with the intention of calming and reassuring the population. However, we do not fight terrorism under the emotion or just to make the buzz and calm the spirits. In reality, only political will, far from economic interests and political calculations, can help deal with the terrorist phenomenon. Moreover, nobody knows, the causes and sources of terrorism are well identified and repressive is surely not the solution. Fighting terrorism means fighting its homes first. Worse still, the repressive and the adoption of measures undermining fundamental rights only feeds terrorism. Indeed, we have noted that in order to confront terrorism, states have put in place policies based on measures that infringe on fundamental rights. They are simply repressive policies where the rights of the accused are simply wiped out. Yet, terrorism is getting tougher and growing. To fight terrorism we must start by defending fundamental rights and freedoms. Indeed, it is injustice and misery that feeds terrorism
Ouedraogo, Daouda. "Démocratisation des Etats et garantie internationale des droits démocratiques : essai sur une contribution des organisations internationales." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0147/document.
Full textIf democracy refers to the political regime in which the state institutional apparatus reflects the will of the people, democratization would thus characterize any process leading to a more open and participatory authoritarian political system. But this democratization is not only the result of internal dynamics, it is also, and increasingly, the result of external actors, in particular international organizations.Since the end of the Cold War, convinced that democracy is the political system that offers the best guarantees of respect for human rights, international organizations, both universal and regional, with the United Nations in the lead, have resolutely invested themselves both from a normative and operational point of view in democracy promotion, sometimes to the point of questioning the well-established principle of State sovereignty. The promotion of democracy by international organizations is governed by a legal regime whose initial ambivalence has gradually given way to a certain coherence. This regime places individual and collective rights on States, the respect for which is monitored or even sanctioned by political and jurisdictional mechanisms, but whose effectiveness appears uncertain, thus recalling the complexity and sensitivity of the democratic question in international law
Bougerol-Prud'homme, Laetitia. "Exclusivité et garanties de paiement." Paris 2, 2010. http://www.theses.fr/2010PA020086.
Full textEl, Hailouch Rachid. "Les garanties pénales de la démocratie au Maroc." Perpignan, 2004. http://www.theses.fr/2004PERP0517.
Full textTurrin, Marion. "La légitime répression de la fraude fiscale." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32001/document.
Full textThe tax fraud repression legitimacy refers to the different prerogatives the fiscal administration implements to prevent, detect and sanction anyone trying to shirk its tax responsibilities. This process, that must be coordinated with the fundamental rights, is part of tax rules.This requirement, part of the Constitution, involves a balance between relations that is difficult to reach.This fight against tax fraud, lawful objective in the way it preserves tax equality, justifies the use of measures that infringes fundamental rights and weakens the legal security any taxpayer has the right to pretend.These guaranties opposed themselves to the tax administration and its ability to appreciate the different breaches it notices without any limitations.The judge role is then fundamental since he has to preserve anyone’s rights and duties, he participates to the creation of a basis of obligations that have to be followed for each procedure, and that are reused afterwards by the legislator
Nongou-Moundounga, Olivia. "Travail et santé au Gabon : quelles garanties de protection pour les salariés ?" Thesis, Nantes, 2018. http://www.theses.fr/2018NANT2011/document.
Full textSince the first laws establishing a labor code in the Gabonese Republic in 1962, the rules relating to the protection of occupational health are based on two fundamental pillars, the prevention and repair of occupational hazards. With the 1994 reform of the Labor Code, special emphasis has been placed on risk prevention in the sense that it should be privileged, with reparation only being required in a secondary way. Despite this development, 20 years after this reform, the protection of workers' health is still essentially based on the reparation of work-related risks and the preservation of the employment of victims of work-related accidents and occupational diseases. Interest in the prevention and promotion of occupational health is perceptible but it remains hesitant. The general finding that emerges from the review of this protection is that it remains largely unimplemented, given many factors related to the essentially legislative and incomplete nature of the texts. The shortcomings are also due to difficulties in the organization of prevention. The implementation of occupational safety and health rules still poses many problems, which contributes to relativizing the protection that workers can claim
Gervier, Pauline. "La limitation des droits fondamentaux constitutionnels par l’ordre public." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40058/document.
Full textThe dialectics of public order and freedoms has been traveling throughout legal thought since the 18th century. Sparked by new forms of delinquency and criminality, the strengthening of public order requirements leads to questioning the limitation of fundamental constitutional rights. Despite its crucible place between public order and freedoms, the limitation process remains undetermined in French law. This research, which aims at determining the limitations to protected rights, identifying the limitations to those limitations themselves, and then redefining fundamental rights through those limitations, not only helps to specify this mechanism, but also to identify the restrictions brought to the enjoyment of rights and freedoms. The Conseil constitutionnel self-restraint reveals a gradual shift in the protection of fundamental rights. Acknowledging the former leads to considering a supra legislative framework to the limitations to protected rights, and advocating in favor of the constitutional entrenchment of such a clause
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 textHernández, Vélez Juan Manuel. "La procédure, matrice des libertés anciennes : aux origines du droit au procès (XVIe-XVIIIe siècles)." Thesis, Paris 2, 2020. http://www.theses.fr/2020PA020002.
Full textThis research traces the dogmatical foundations of due process of law in Ancient Regime’s France. To do so, we propose the more abstract concept of “subjective right to legal forms”. This study analyses the different speeches that in the modern age connect forms, formalities, and procedures to the protection of rights and liberties, making those forms the more adequate defence against arbitrary measures.Procedure constitutes then the source of the “ancient liberties”: it was theoretically shaped by the doctrinal works, translated into an institutional speech by the ancient magistracy, legally accomplished by the royal ordinances, and enforced, although with difficulties, by the judiciary. The examination of the speeches about procedure allows us to notice that the consolidation of the state’s power leads to the subjectivation of the legal statements containing procedural norms. Thus, the specific conception of the ancient liberties resonates with the contemporary version of them
Rigaud, Marjorie. "Le juge unique en droit administratif français au regard des garanties de bonne justice." Toulon, 2002. http://www.theses.fr/2002TOUL0035.
Full textThe object of this present study is to put the single judge in administrative law in relation to the good justice guaranties. So, it does appear, in first time, that this judge can to corne both effectively and efficiently within the framework to the french administrative law system. In this way, the single judge is presenting, above all, like an practical answer about the news developments of administrative's justice. Finally, he appears like answers of realities, which have, bring him in the emergency proceedings and in some category, which depended on collegiates courts. Furthermore, not any principle, even constitutional, is opposed to putting into place. Then, his establishment can't to be performs without the respect of rules which govern the juridiction. So, there are demands that are essentials as well in his existence as his quality. In a second time, this study does appears as well that the proceedings equity isn't ignored by the single judge, even though the legislator has given to him competences in materials which are characterized by proceeding reduction. The legislator has, in fact, established, like a scale in the proceeding rules applications according to the gravity mesures that can take the single judge. These rules, although varies application, go to impose to the judge. Lastly, the debate aiming to do a single judge less impartial than the collegial courts, can't existed considering the protection confered on the impartiality demand. In the end, because the single judge doesn't get away from the actualy protection about the right of fair proceeding, he appears like a viable complement at the collegiates courts
Mbongue, Mbappe Charles Aiméo. "Le traitement des crimes contre l'humanité par les tribunaux pénaux internationaux et les tribunaux français : (étude comparée des garanties de la défense)." Paris 1, 2008. http://www.theses.fr/2008PA010301.
Full textPesneau, Adrien. "L'agent des sûretés dans les financements appréhendé par les droits anglais et français : approche comparée." Thesis, Tours, 2017. http://www.theses.fr/2017TOUR1014.
Full textCredit is essential for the smooth functioning of the economy. It is existing in various forms (crowdfunding, bond issuance, etc.). One of the most widespread is the bank loan, and when this credit is provided by at least two financial institutions, it is a "syndicated loan" that has to fulfil a certain collective organization. It is in this context that a "facility agent" ensures the administration of loan. Depending on the applicable law, it may be an « agent » (English law) or a « mandataire » (French law). Moreover, as these financings are generally provided with security and guarantees, it is frequent to observe the intervention of a "security agent". The latter acts as a "guardian" of the security and guarantees the financial parties are benefiting from as guarantee of the proper performance of borrowers' obligations under the finance documents. Its role is therefore crucial
Machefaux, Erwan. "L'obligation d'information dans les cessions de contrôle." Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D042.
Full textTransfers of control are a particular type of share transfer, with their own legal framework, as they form, at the same time, the main means of transferring companies. As such, they are a major economic challenge; difficult to control since the company itself is a complex construct. Moreover, there is an important imbalance of knowledge in relation to the transferred company between the parties. Also, very frequently, transfers of control disputes arise from an event occurring after the transfer, but which originates during the period of management by the transferor. The transferee is therefore disappointed by the devaluation of the shares and has to deal with the adverse consequences following its acquisition of the company. In the first instance, the main recourses available to the disappointed transferee allowing notably the sanction of the violation of the transferor’s duty to inform are examined within the legal framework. This includes notably the defects in consent (mistake and fraud), the guarantees related to the sale (the guarantee against latent defects and the guarantee against dispossession), as well as the duty to inform formalized by the reform of French contract law dated 10 February 2016. In the second instance, the main agreements which formalize the operation and allow the parties to deal contractually with such duty to inform are analyzed. This comprises notably the liability guarantee, price adjustment clauses and due diligence. The recourse to professional experts and the reliability of information provided are also examined. This analysis through the spectrum of the duty to inform sheds an updated light on transfers of control. It contains the tools to assess the chances of success of the different recourses available and the implementation of a global legal strategy
Wang-Foucher, Haiying. "Pouvoirs de l'administration et garanties du contribuable dans la vérification de l'entreprise : (étude comparative : France, Chine, Royaume-Uni et États-Unis)." Paris 1, 2007. http://www.theses.fr/2007PA010266.
Full textDucroquetz, Anne-Lise. "L'expulsion des étrangers en droit international et européen." Phd thesis, Université du Droit et de la Santé - Lille II, 2007. http://tel.archives-ouvertes.fr/tel-00196312.
Full textLe phénomène de l'expulsion est, par définition, transnational et pousse à une coopération accrue des Etats. Dès lors, la mise en place d'un corpus minimal de droits, assorti des garanties procédurales permettant d'en assurer l'effectivité, est une nécessité d'autant plus pressante. Les organes internationaux de contrôle, à l'instar de la Cour européenne des droits de l'Homme, cherchent ainsi à interpréter favorablement les conventions applicables à cette matière afin de répondre à ce besoin.
Un dépassement de cette approche initiale, attachée au concept de nationalité, semble toutefois aujourd'hui nécessaire. A cet égard, l'Union européenne pourrait constituer un cadre juridique idéal pour la création d'un statut de “quasi-national” et l'autonomisation de la notion de citoyenneté européenne.
Cornu, 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?
Pierron, Luc. "La protection sociale des fonctionnaires : étude critique d’un régime spécial." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020042.
Full textSpecial social security schemes for civil servants belong to the French mythology. Their mention is usually embraced by all, which is spoken of as long-acquired habits, categorical privileges or afterimages of the past. Legally qualify social protection of the civil servants of special social security schemes raise questions. The concept of « scheme » implies a relative overall consistency. The integration to the « social security » means to respect the same principles and operating modes as the rest of the institution. The adjective « special » suggests that the scheme has the same relationship to general scheme as special law to ordinary law. These three items are questionable. Social protection of the civil servants is an iterative construction, spread over more than a century, where the benefits and guarantees each based on its proper logic. A large part of this social protection consists of an administrative cover, endorsed by public employers. The general scheme is not the ordinary social security law. That being said, this is another study of social security in general and social protection of the civil servants in particular who can begin. All for finding an identity crisis: with its integration to social security, social protection of the civil servants succeeds in expressing its uniqueness; but it’s because this social protection tends to be equated with social security that relativity may be deduced from it
Marty, Marie. "La légalité de la preuve dans l'espace pénal européen." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0107/document.
Full textAdmissibility of evidence is one of the most crucial and complicatedissues in the European Union’s area of freedom, security and justice. However, thedifficulties regarding the use of evidence gathered in one Member State inproceedings in another Member State through the mechanisms of judicialcooperation seems to have been underestimated by the European Union legislator,and this despite the success of criminal proceedings with a cross-border characterbeing considered a priority for the last fifteen years. Indeed, the EU’s criminal policyhas been striving for the strengthening of the efficiency of judicial cooperationbetween judicial authorities. This requires the improvement of the instrumentsdedicated to obtaining criminal evidence. Thanks to the principle of mutualrecognition of judicial decisions in criminal matters, based on mutual trust betweenMember States, the differences between and potential incompatibilities of nationalsystems should not be an obstacle to the free circulation of evidence in the EUcriminal justice area.However, this theoretical justification is not sufficient to ensure mutual admissibility ofevidence, as the good administration of evidence remains a national issue, with awide margin of appreciation accorded to the national judge. Furthermore, both thestudy of national procedural norms and the study of the European Union legalframework show deficiencies, requiring a coherent concept for the protection offundamental rights in criminal proceedings at the EU-level. A better and harmonisedprotection of procedural guarantees is the path to ensure the mutual admissibility ofevidence, overcoming national differences
Volkov, Aleksandr. "Le régime juridique des relations gazières entre la Russie, l'Union Européenne et les pays membres de l'Union Européenne." Thesis, Tours, 2017. http://www.theses.fr/2017TOUR1004/document.
Full textThe current legal rules restrain the development of both frameworks now existing – that is, long-term contracts and opened-up markets. The solution to this problem could be the maintain of the first group of relations and the development of the second group. Therefore, it is important to suggest an alternative framework. The basis of such alternative framework could be fixed in an international treaty between Russia, EU and the member-states. This new regulation will also require the adjustment of the local legislation
Dieudonné, Barnabas. "La violation des droits des travailleurs migrants haïtiens et de ceux de leurs descendants en République dominicaine : de la déchéance de la nationalité à l’inexécution des arrêts de la Cour interaméricaine des droits de l’homme." Thèse, 2018. http://hdl.handle.net/1866/22783.
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