Dissertations / Theses on the topic 'Fonction publique droit public europeen'
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Pascal, Laurent. "L'incidence du droit communautaire sur le service public français : entre intangibilité et remise en cause, la reconstruction d'une notion." Grenoble 2, 1999. http://www.theses.fr/1999GRE21002.
Full textThe influence of the communautary law on the french public utilities shows a evolution of the constitutves elements. This influence indicate that the communautary law makes it possible a reflexion and a questioning on the ancien notion in france. Then, the french public utilities undergoing a redefinition in its constitutives elements. Then, the organic element is protected but rationalized. Its the same thing for the material element whitch is circumbscribe thru the general interest. The latter undergoing a more objective definition thru the concepts ofconsummers and citizen
Armbruster, Néda Bracq Stéphane. "L'impact du droit communautaire sur les relations entre l'Etat et les entreprises chargées d'un service d'intérêt économique général vers une contractualisation des obligations de service public ? /." [S.l.] : [s.n.], 2006. http://edoctorale74.univ-lille2.fr/fileadmin/master_recherche/T_l_chargement/memoires/intercomm/armbrustern06.pdf.
Full textSporch, Da Costa Igor. "La fonction sociale de la propriété publique urbaine et les nouvelles conceptions de l'intérêt public : à la recherche d'une gestion des biens publics urbains adéquate au droit à la ville." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D092.
Full textThe research analyzed the current legal basis of urban public property in Brazil and its impacts on the management of urban public goods. In order to be successful, the deductive-interprative method was adopted, which was supported by bibliographical and legislative research in Brazilian sources and in the western Latin European states - Portugal, Spain, Italy and France. This indicates that the research in comparative law was one of the main methods employed. These elements allowed to construct a conceptual and exegetical scheme. Through it the semantic and normative contents of the categories "public interest", "right to the city", "social function" and "social function of urban public property" were defined and the interrelations between, them were demonstrated. Thus, the new theorizing about the public interest identifies it to the realization of fundamental rights, which allows to recognize urban publicproperty as a social function. After all, this proprietary species is justified by the participation of public goods in the realization of the right to the city, which indicates the impacts of the social function of urban public property. It complies with the prerogatives of public owners, non-owners and beneficiaries of little of private use of urban public goods. It determines the exercise of these prerogatives, the possibilities of affectation of these goods and justifies the democratization of the decision-making process about their destiny. Therefore, it can be affirmed that the results obtained with the research provide elements that allow to reconstruct the theory of urban public goods / urban public property and to establish paramaters for the proper management of these goods
Balado, Ruiz-Gallegos Manuel. "La défense nationale dans les institutions espagnoles." Aix-Marseille 3, 1995. http://www.theses.fr/1995AIX32027.
Full textSereno, Sophie. "Le défenseur des droits et les discriminations dans l'emploi." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1049.
Full textSince twenty years, the non-discrimination law continues to enhance specially under the influence of the International and European Law. The multiplication of the norms isn’t however sufficient to achieve the desired effect ; their complexity even makes this law difficult to access for the employees as well as for the employers. The creation of an independent authority (2004), in charge of fighting against discrimination and promoting equality, has strongly contributed to improving the protection overall. The absorption of the Halde by the Defender of rights (2011) could have created a doubt regarding maintaining the objective of fighting against discriminations at work. It is not. The action of this new constitutional authority is involved in the effectiveness of the broad legal spectrum in this area. Evidenced by its contribution to the mobilization and the enhancement of the substantive law and the reinforcement of public action against discrimination in employment, which are probably the largest and therefore significant. If the political question (and constitutional) remains to determine if the the Defender of rights could become a counterpower, it appears that, legally, he helps to enrich the substance of the right of non-discrimination while working on the reinforcement and the multiplication of actions to enabling it’s implementation, especially in employment
Suntaswang, Khuanchai. "La fonction publique en Thailande." Paris 1, 1986. http://www.theses.fr/1986PA010265.
Full textFont, Nicolas. "Le travail subordonné, entre droit privé et droit public /." Paris : Dalloz, 2009. http://catalogue.bnf.fr/ark:/12148/cb41464650q.
Full textBras, Jean-Philippe. "Les approches theoriques de la fonction publique." Paris 1, 1985. http://www.theses.fr/1985PA010056.
Full textBurlett, Richard. "La haute fonction publique territoriale." Nice, 1995. http://www.theses.fr/1995NICE0027.
Full textBiart, Jérôme. "Les incompatibilités dans la fonction publique." Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015USPCD024/document.
Full textThe incompatibilities of the civil service.In order to avoid that any activity, service or private situation constituting an incompatibility with the pubic employment, the law on civil service is based on a strict regime of prohibitions. Therefore, our study consists on identifying standard, general, impersonal constraints, as well as constraints which despite being of common inspirations, have a different reflection with the contribution of the ethical component called "the functional incompatibilities".Additionally, we will precise the new assumptions of a possible modulation of the public employment along with other activities, and the new rules that govern the way distance can be taken with once service (the revolving door).Finally, and since no professional regulation exist without the control of its application and the sanctions of its violation, we will study the relative legal package of prevention and repression
Font, Nicolas. "Le travail subordonné entre droit privé et droit public." Aix-Marseille 3, 2007. 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%3D31.
Full text. The apprehension of subordinate labour by the law is yet another example of juridical polarization. Labour law represents the branch of private law applicable to the relationships that bind a private employer to his emploees. As for the branch of public law, it generally orchestrates the relations between the civil service and civil servants. Although they are opposed theoretically, labour law and civil service law have been built and perfected thanks to a mechanism of reciprocal influences. Considering the fact that a corpus of common rules has been set up, one may think that the juridical condition of civil servants is, in many respects, similar to that of private employees. As a matter of fact, the remaining disparities are more and more questioned. From a sociological point of view, the civil service seems to be a privileged sector, in which the servants are cut off from social realities. From a juridical point of view, public law is witnessing a smear campaign which particularly challenges the validity of the law of the civil service beside the existence of labour law. Subordinate labour thus appears to become a private law concern exclusively. Several recent factors have led to this juridical unificationn: the juridical establishment of the notion of worker, the Europeanization of intern law, the introduction of permanent contracts within the public sector, the emerging idea according to which labour law not only protects workers as much as the civil service does, but also offers a better management of the personnel, etc. Notwithstanding, eventhough the unity of social law may seem ineluctable, it is in fact illusory. Serving the general interest implies the upholding of some specific characteristics within the treatment of the servants who are in charge of its satisfaction, which no privatisation will be able to cancel without totally disrupting what makes French administration so peculiar. In the same way, labour law is undergoing a profound change and takes into account some considerations which are extraneous to professional relations in the administration. Finally, while it seems indispensable to reform the status of the civil service, it is likewise necessary not to do so because one thinks there is just one alternative: the upholding of the status or the privatisation. Indeed, no legal reason except out of date standards commands to exclude contractual tools in the civil service. In fact, as far as the rules applicable to subordinate labour are concerned, the distinction between public law and private law may not be updated but rather displaced. Subordinate work remains and will remain, in the absence of a contradictory political will a concern for both public and private laws
Georgoulis, Stamatis. "" la commission de la fonction publique internationale des nations unies "." Paris 11, 1989. http://www.theses.fr/1989PA111001.
Full textThe international civil service existing today in the u. N system is firstly developed in the league on nations the u. N system (a very large system) employs approximately 50. 000 individuals. The law of those civil servants is not coherent and their statuts are very different. Some agreements set out between the u. N and the other organisations aim the establissment of a "united nations commun system"of salaries, allowances, pensions, career and recruitment development and the creation of an administrative tribunal. In the seventies personnel questions became politicized and the costs hight. In order to find solutions the general assembly established in 1974 an "international civil service commission "or"i. C. S. C. "the commission consists of 15 members whom tow, the chairman and vice-chairman serve full-time. Members are appointed in their personnel capa city as individuals of recognized competence who have substential experience in personnel management. The commission carries out its functions "in respect of the u. N. O. And the specialized agencies wich affiliate in the commission's statute. The commission assumes certain powers of decision and make recommendations in many issues concerning commun personnel policies and standards, and development of commun staff regulations. The commission should aim "at the development of a "single unified international civil service "through the application of commun personnel standards, methods and arrangements. Since its creation she has improved the commun system but commission's competence and integrity are criticized however the commission should play a "key role" to promote the "type of international administration" for the year two thousands. .
SULIMAN, MAGDI NASR. "L'evolution et les grands problemes de la fonction publique en france et au soudan." Rennes 1, 1987. http://www.theses.fr/1987REN11009.
Full textRAHMOUNI, HASSAN. "La recherche de l'efficacite dans la gestion publique au maroc." Paris 1, 1986. http://www.theses.fr/1986PA010295.
Full textKaftani, Catherine. "La Formation de la Fonction publique en France : une contribution à la théorie générale de la Fonction publique." Paris 1, 1996. http://www.theses.fr/1996PA010324.
Full textThe objet of this thesis is to follow the evolution of the administrative model through the formation of the key-concepts "civil servant" and "civil service". After a quick survey of the administrative institutions of the ancien regime (preliminary chapter), we propose to look at the way the practice of public services has been dominated by the concept dating from classical times which requires that all citizens should be prepared to devote themselves to the common will. Thus, during the enlightenment, it was proposed to revive the greco-roman "magistrature", and the functionary of the revolution was appointed primarily in consideration of his civic virtue; the public official of the nineteenth century tended to be involved in the exercise of executive power (first part). After that we see a transition from a plurality of public activities to one single institution : the civil service. The notion of civil service will therefore be used to designate the legal system which specifies the relations between civil servants and the state. This period occured at the time when state power was at its peak, from the late 19th to the early 20th century, when the state, sole guardian of public interest, had to struggle to change man and society (second part). The concept of civil service has entered a new era who has been signaled on the one hand by the metonymic change of the meaning of the word "civil service" - now defined as civil servants -; and on the other, by its division into state civil service, regional civil service and public health care. At the same time, in the last general statue, as well as in previous statues, the word "functionnary" becomes a monosemic term derived directly from the definition devised by the legislator. Could this evolution not contain within itself the seeds of dissolution regarding the future of the unitary civil service model (third part)?
Lamblin, Luc. "La fonction publique de l'Etat confrontée à la concurrence." Paris 2, 2007. http://www.theses.fr/2007PA020068.
Full textVenezia, Réjane. "La pérennisation du contrat dans la fonction publique." Thesis, Avignon, 2016. http://www.theses.fr/2016AVIG2052/document.
Full textThe research deals with the perennial contract, or the contract of indefinite duration in the public service . It is to seek the reasons for the gradual integration of the contract in the public service and to determine whether the indefinite contract actually secures , or whether, instead , it should be seen as a status circumvention attempt
Zouaimia, Rachid. "Un essai d'adaptation de la fonction publique aux exigences du développement : le cas algérien." Nice, 1986. http://www.theses.fr/1986NICE0003.
Full textBabadji, Ramdane. "Le droit administratif en Algérie : mutations et évolutions." Paris 1, 1989. http://www.theses.fr/1989PA010292.
Full textThe administrative law is subject of important mutations and evolutions. Its area of application knows important extension, it has come back again to his initial configuration. The applicable law in organization of administration is caracterized by a clear autoritary tendancy. The law is useless when it obliges the administration. This study has dealt with state's law from 1962 to 1989
Katrougalos, Georges. "La crise de légitimité de l'administration : le cas de la Grèce." Paris 1, 1990. http://www.theses.fr/1990PA010305.
Full textThe legitimation of the administration seems to be the quality of the administration whicht acts in accordance with the principal ideological values and the public interest, in an efficient way. The recent evolution of the concept towards the justification founded upon the methods of the public management and the participation can not hide the symptoms of its inherent crisis, such as the crisis of the administrative law. In addition of these universal features, the legitimation of the greek administration suffers because of the poor efficiency and the politisation of the public service
Lanceron, Virginie. "La fonction de coordination en droit public." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020074/document.
Full textThe study aims to overcome the paradox of an omnipresent, yet inconsistent notion in Public Law.The sparsity of studies on coordination contrasts with the many occurrences of the term in the legalcorpus. How to interpret this doctrinal caution? One answer is to deem that coordination is non existentin Law; another position is to consider that coordination is irrelevant in Law. Theassumption that both statements are wrong is the starting point of this research that had led to a functional definition of coordination seen as a flexible method of ordering the State organization,action and law, congruent with the current plural and complex legal framework that query vertical legal processes. Three figures of coordination in Public Law were identified: a "coordination integration" helping to preserve the cohesion of the administrative structure of the State despite a fragmentation phenomenon; a "coordination-articulation" which seeks consistency in political decision centers in a polycentric context; "coordination-harmonization" which tends to the concordance of legal rules characterized by pluralism
Monzon, Paez Fernando. "La notion de fonctionnaire public comme catégorie du droit administratif : une proposition pour Cuba." Thesis, Paris 10, 2020. http://www.theses.fr/2020PA100086.
Full textThis thesis in the Cuban context analyzes the different conceptions of the public service developed in administrative laws of continental and Anglo-Saxon traditions, and inspired by French experience proposes the introduction in Cuban administrative law of a statute of the public servant (fonctionnaire public) which establishes the category of civil servant, in contrast with those existing of agents of the State, of manager or public employee, as a category specific to the Cuban administrative law
En esta investigación se fundamentan los aspectos jurídicos que deben sustentar la noción de funcionario público en Cuba, que han de servir de base al sistema de organización de los servidores públicos en el ámbito administrativo. Con ello se propugna contribuir al mejor funcionamiento de la Administración Pública y a elevar la calidad de la gestión pública. A tales efectos, se realizan precisiones teóricas que permitan delimitar, gnoseológicamente, la categoría funcionario público en el contorno jurídico nacional. De conformidad con los objetivos trazados, se dedica un primer capítulo al estudio de la función pública, como presupuesto para la noción de funcionario público, y se propone su concepción como técnica jurídica de ordenación de los medios personales al servicio de la Administración Pública. En un segundo capítulo se analizan aspectos de la evolución histórica y construcción doctrinal de la categoría funcionario público y se valoran los elementos teóricos sobre los que debe sostenerse su noción jurídica. Por último, se aborda, en un tercer capítulo, lo relativo a la evolución del sistema de función pública y de la concepción de funcionario público en el escenario cubano, su regulación actual y se proponen pautas para la implementación de la propuesta que se realiza
Kondylis, Vassilios. "Le principe de neutralité dans la fonction publique." Paris 1, 1991. http://www.theses.fr/1991PA010263.
Full textThe examination of the situation of the French civil servants as well as the British and the American ones, from the French revolution till today, proves clearly one variant determination of the legislator and the administrative judge, with unequal results, to eradicate the different types of politicization in the administration of the civil service. But the civil servant has not become a politically diminished citizen, in contrast to that which occured in Great-Britain and the United States. The effort to protect neutrality of the civil service resulted in the adoption of the different laws (statutes) which, from 1946, constitutes one efficient way to shield the (French) civil service from the partisan pressures by assuring its independance impossible without the subordination to the political power. But there are still multiple causes of politicisation. The increasing participation of the civil servants in politics ("fonctionnarisation du pouvoir politique"), the politicization if the higher civil service and syndicalism are also factors which accent the interest int he current debates concerning the better protection of neutrality
Wahed, Marc. "Le P. A. C. T. E. : un contrat de droit public de formation-insertion, facteur d'intégration dans la fonction publique." Nice, 2011. http://www.theses.fr/2011NICE0002.
Full textFrance has 5. 2 millions public service employees. It is the first employer in the country compare to the private sector. The recruitment of the public service employees is very important from an economical and a social point of view. The rate of unemployment for young people aged from 16 to 25 years old has been very high for the past 30 years. The government wants to correct this problem by using the public service. It imagined a new device called the “P. A. C. T. E. ” (A route to access to a career in the Territorial public service, Hospital public service and the French state public service). This mechanism will provide a permanent job for young people by an easier recruitment in the French public service. The government used the law order to create the P. A. C. T. E. The idea is to have a social mix for the public service employees by using a positive discrimination mechanism. The French administration has an immersion and a formation part to play. The French public service normally recruits his employees by using competitive examination. But this way does not satisfy its needs and presents lots of disadvantages. The legislature created some new ways of recruiting and the goal is to substitute the competitive examinations. The P. A. C. T. E. Is one of these ways and it permits to recruit young people who have difficulties finding a job because they don’t’ have important study background. Therefore they don’t have to pass a competitive examination to integrate permanent post in the public service. The P. A. C. T. E. Is a public law contract. The idea of the P. A. C. T. E. Is not new because it was copied on several ways of recruiting in the public service (Handicapped persons, trainees…). It is a different way to access to a public service permanent job. It permits an equality of chances between the candidates who wants to be part of the French public service
Comerre, Dominique. "L'évolution récente de la politique du personnel dans la fonction publique et les entreprises publiques." Paris 1, 1992. http://www.theses.fr/1992PA010281.
Full textPersonnel policy in the public service and in public firms has noticeably developed; the differences between the state as an employer as opposed to the private sector have become less pronounced. By and large, unilateral decisions by the state in the general interest have given way to relations marked by more give and take. Even in the public service, authorities can no longer set up or lead personnel policy without at least referring to the personnel. As personnel policy is marked by strong conflicts of interests, it tends to be relatively independent from external objectives set by the state. The bureaucratic system, which still largely prevails in the public sector, has lost its original meaning: the system is bureaucratic because of the formal aspect of the organization; the system is no longer the sign that the personnel is considered as an instrument but that they defend themselves concerning the employer. Thus the state has seen its sphere of activity being reduced, because it is obligated to abide by the rules it edicted itself, in agreement with the personnel
De, Surville Hervé. "La police municipale." Nice, 1993. http://www.theses.fr/1993NICE0033.
Full textBiotteau-Gate, Juliette. "Transformations structurelles du secteur public et statut des agents publics : contribution à l'étude du lien existant entre la nature des structures et le statut de leurs agents." Paris 1, 2002. http://www.theses.fr/2002PA010318.
Full textCharlot, Camille. "Le droit privé du travail et le secteur public." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D011.
Full textWhile the means of management of public services and the work statutes associated are evolving, private labour law is becoming a reference within public services, to the detriment of the statutory logic that traditionally prevails within public services and state-owned companies. Indeed, if the legal framework surrounding public services retains particular characteristics, its specificity is slowly declining, leaving place to a void which facilitates / encourages the expansion of private labour law, which is becoming ordinary law. This trend raises numerous questions. How does the new public services approach translate into the legal framework of work relations in public services? Through which proves does private law implement itself? To which resistances and distortions is it faced with? Which public law mechanisms can then be used to adapt such implementation? This study shows that the specificity of public services is no longer enough, in its own, to become an obstacle against the continuing implementation of private labour law in the public sector
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
Ki, Zachaël. "Les droits de l'agent public-travailleur dans un pays en développement : l'exemple du Burkina Faso." Perpignan, 1992. http://www.theses.fr/1995PERP0205.
Full textUsually of colonial origin, the civil service in developing countries has often been planned along the lines of its counterpart in the former colonial power. However, confronted with the hard realities of each country, one cannot fail to notice the discrepancy between what is desirable - a defined in terms of a modernity modelled on the civil service of the former pare nt state - and what is possible within the narrow limits set by the underdevelopment that makes the implementation of the legal rights and privileges of civil servants problematic. Burkina Faso has been chosen to illustrate this discrepancy between reality and the law. The study of this discrepancy is conducted along three main lines of enquiry, which constitute the structure of the thesis : first the economic status of government employees (first part), then their "social" status (second part), last of all their professional status (third part)
Lagarde, Pauline. "Le phénomène de contractualisation au sein de la fonction publique : Analyse comparée entre la France et l'Espagne." Thesis, Limoges, 2015. http://www.theses.fr/2015LIMO0114.
Full textPublic administrations use contracts more frequently as part of the implementation of public policies at the expense of unilateral acts. This trend is becoming commonplace, the usage of contracts are to satisfy needs, but are considered traditional, such as for recruitment and the management of public officials; this is the "contracting phenomenon". This finding is more evident in Spain than in France where contracts occupy a prominent place in professional relations, authorities are free to decide case by case between recruitment by competition or by contract. To arrive at this observation: this phenomenon is widespread within the French and Spanish public functions, we should return to the double influence of the European Union laws and the labor law. In parallel, the number of non-permanent staff have increased which raises questions about the legal nature of the contract concerned, whether for a fixed or indefinite period; on the rights and obligations of the agent involved and their place against the statutory civil servants; uncertainties in case of non renewal ofcontracts and insecurity caused by these situations. However, it is the success in a national entry examination that determines the entry into public service; this phenomenon is not with holding the right of the public service. There are questions about the existence of a "status" but also, more profoundly, discussions about the essential foundations of public service. Therefore the comparative analysis of the systems used by both countries is to bring out contemporary questioning that upturns the legitimacy of the institution of the public service today
Kmonk, Katarzyna. "Les mutations des catégories juridiques du droit administratif français." Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLV089.
Full textOriginally, administrative law appeared essentially as the law applicable to public persons. This tendency permeated the legal categories of administrative law, marked by the predominance of the organic element, public person, in the subjection to administrative law. Although the conceptual framework of the past, unchanged today, it is different now.The content of current developments in administrative law is remarkable. On the one hand, the increasing participation of private persons in administrative action, on the other hand, the interventionism of public persons in the spheres formerly reserved for private action, necessarily affect the contours of the legal categories of administrative law. These must inevitably reflect such changes. Two trends are possible to set an example. The first shows that the organic element, the presence of the public person, loses influence in the subjection to administrative law. It is certainly always present in the legal categories, but its role is changing. The second leads to the observation that the idea of function now takes the place of the organ in the logic of submission to administrative law. Our reflection is thus oriented towards the construction of the representation of the very idea of function and, more specifically, of the administrative function. It makes it possible to affirm that the administrative function provides a powerful explanatory basis for the subjugation of legal categories to administrative law. It is indeed the 'specific' function of general interest, in which the legal categories of administrative law appear, which now seems to determine and justify their legal status. However, this trend is not uniformly reflected in the legal categories of administrative law. It is nevertheless progressing steadily and continues to gain new ground
Montfort, Pascal. "La convention européenne des droits de l'homme et le droit français de la fonction publique : entre souveraineté de l'Etat de souveraineté du droit." Lyon 3, 2006. http://www.theses.fr/2006LYO33052.
Full textThis document is destined to analyse the effect the European Convention on Human Rights has on civil service law. Under traditional international law, this is an area that normally falls under the jurisdiction of the state. Generally, a civil servant is regarded as a citizen with limited rights and freedom. By not remaining bound by the definition of a civil servant as laid down by the Court of Strasbourg, this research establishes the extent of possible restrictions that could be applied. It demonstrates that European Convention law applies in a specific manner to State agents and its dismembering. By analysing the fundaments of European Convention law and studying it empirically one is able to identify and determine a common law pertaining to fundamental professional rights and freedom in defence of the civil servant throughout his/her career. This new legal ground has an impact on French civil service law. It is gradually replacing constitutional, legislative and regulatory sources for civil service legislation. Legal texts are being interpreted differently by people using different strategies. As a result we note changes in civil service law particularities : progressive processing of staff management within the civil service as well as formal and material evolvements of the administrative legislation applicable to civil servants. As far as fundamental rights and professional freedoms are concerned, ordinary law is now setting a new juridical framework for civil service
Courrèges, Marie. "Le principe de continuité du service public : contribution à l'étude du droit de grève." Thesis, Grenoble, 2014. http://www.theses.fr/2014GRENA031.
Full textThe principle of continuity of public service is one of those great principles of administrative law that we seldom think to reconsider. His identity is established, its acquired legal status. However, in its report to the right to strike, the study of its manifestations leaves quickly glimpse limitations. If it appears in theory like the opposite of right to strike, it is in actual fact only in special cases where the strike is likely to undermine public order. Frozen in the narrow sense, its scope remains limited . In fact, the balance that should have made the reconciliation of the right to strike and the principle of continuity was never reached , despite their equal constitutional value. Analysis of the characteristics of the principle of continuity information yet its ability to overcome the limitations that have been assigned. Particular, it appears that all his potential has not been exploited, the legislature has not been able to impose a more consistent vision of the contemporary evolution of public service and the relationship between the Administration and its citizens. To achieve this, the relationship of public service with the user must be fully integrated with the objective of reconciling the right to strike and the principle of continuity. Enriched with this new dimension, the principle of continuity of public service is likely to start a new strike system in public services, more balanced, which also leads to adapt the scope of the importance of activities public interest consideration
Aguilar, Yves. "Les catégories esthétiques de l'Etat : un art de fonctionnaires : le 1 % [pour cent]." Paris 1, 1988. http://www.theses.fr/1988PA010254.
Full textThis study deals with the description of the interplay of law and art put in motion by the power which is available to it. After a quick chronological survey, the basis are researched before the exposure of the practical and theoretical forces of the mechanism. Then the analysis of a series of case studies shows that most of the time, art stems from the state. This demonstration is reinforced by the recreation of the careers of artists of the state in constant touch with civil servants of art. This dialectic of the state and art is based upon a legal substratum which is examined through the function one of the limits of which is financial. The eventual outcome is that if "dignitas non moritur", nor does art for it is an integral part of it
Custos, Dominique. "L'adaptation des institutions françaises aux Départements d'Outre-mer : exemple de la Guadeloupe." Paris 1, 1989. http://www.theses.fr/1989PA010290.
Full textSince 1946, in the institutional debate related to the French overseas departments. Adaptation has served as an instrument in the actors varied strategies. If the French development administrative model is assimilated in the overseas departments, the adaptation of the administrative structures to their local environment, is not achieved, and the staff policy lacks socio-cultural rooting
Nassar, Nassar. "Essai sur la notion de libre administration : étude comparée des principes de l'administration communale en droit français et jordanien." Rennes 1, 1991. http://www.theses.fr/1991REN11018.
Full textThe purpose of our thesis is to clarifie the notion of selfadministration (libre administration). To reach this result we tried to put up a comparative study between the township principles in french and jordan systems. We combined the main elements of township liberty in several fields, specialy the administration framework, the procedures of the local assembly, the executuf of township, and the the relationship with central power
Marquis, Jean-Claude. "Les services techniques de l'Etat (Equipement, Agriculture), prestataires de service et maîtres d'oeuvre publics." Lille 2, 1988. http://www.theses.fr/1988LIL20003.
Full textFialaire, Jacques. "De la décentralisation du service public d'éducation nationale." Paris 1, 1987. http://www.theses.fr/1987PA010258.
Full textBerthon, Geoffroy. "Les agents de l'administration et le droit du travail : recherches sur la spécificité du droit applicable aux agents des services publics administratifs gérés par des personnes publiques." Thesis, Tours, 2008. http://www.theses.fr/2008TOUR1004.
Full textSuch principle of specificity is old. During the 18th century an unitary approach was substituted to this distinction within the public agents. Hauriou, Jèze and Duguit consolidated this principle. Based on their works, the legislator and the judges raised the principle of specificity as a mainstay of public law. However, the set of rules that governs public servants is not indifferent to labor law. Recently, the role of labor law emphasized. Those considerations led to the “trivialization” of the law applicable to public servants from which resulted the weakening of the principle of specificity. Although the principle is weakened, it shall not be removed. Privatization would not increase the administration’s efficiency. Besides, it would force the set of rules applicable to public servants to get rid of some requirements which are necessary to the good public service. There is a medium solution which consists in restoring the principle of specificity
Rihal, Hervé. "Le juge administratif et la securite de l'emploi." Angers, 1991. http://www.theses.fr/1991ANGE0005.
Full textIn these circumstances, the administrative juge interferes in two ways. First, he directly interferes when the decides about disbanding and dis,issal measures for civil servants. He indirectly interferes or has interfered when he decides about disbanding autorizations giben factory inspectors and the labour minister. He deals with protected workers and economical disbanding. The judge's supervision and its efficiency can change. Sometimes, he does not infledt his jurisprudence and does not take the worker's presence into consideration + sometimes, on the contrary, he uses efficient systems of supervision
Sun, Xiaowei. "De la relation entre service public et fonction publique. Etude comparée des droits français et chinois." Thesis, Besançon, 2014. http://www.theses.fr/2014BESA0001/document.
Full textIn France, since the 1990s, the traditional polarity public service / civil service is questioned by privatization and public services outsourcing on the one hand, and by contracting and "managerialization" of civil service on the other hand. These trends are also observed in China in the construction of a public services system from 1990s, and in the establishment of a civil service decided in the late 1980s and endorsed by the Law of 27 April 2005 on Public Servants. In spite of the political and cultural differences between the two countries, there is a converging movement : the public administration steps back from the public services management, while the private law grows its influence on the civil service law. Public law, as it traditionally governs the public service and the civil service, is therefore challenged both in its scope and in its substance. As the relationship between public services and civil service distends, the correlation between the purposes of state and the administrative structures is less obvious. In this context, the comparison of French and Chinese laws illuminates the ongoing transformations of public law
Puglierini, Fabien. "Le droit de grève et le service minimum à l'hôpital public en France et dans d'autres pays de l'union européenne." Dijon, 1999. http://www.theses.fr/1999DIJOD013.
Full textDaoussi, Christina. "La tradition hellénique d'auto-administration locale et son institutionnalisation dans l'État néo-hellénique à partir du dix-neuvième siècle." Paris 1, 1992. http://www.theses.fr/1992PA010266.
Full textFrom a legal point of view, the undertaken research is about the setting up and development of local self-administration in the neo-hellenic world from the beginning of the nineteenth century till the middle of the twentieth century. At the same time, we treat the question of the origins of the institution of law and of self-government in the history of the greek world. To this end, we go back in time. This diachronic point of view allows us to study the greek world : the ottoman period, byzantium, the roman republic, the hellenistic age, the classical antiquity, the Homeric world, the apparition of the first peoples speaking greek. Additionally, a study of etymology and of the historical evolution of an important number of legal terms of ancient and modern greek allows us to follow clearly the historical continuity of the greek legal vocabulary from the antiquity until modern time
Quéré, Olivier. "L’atelier de l’État : des Instituts régionaux d’administration pour former les cadres intermédiaires de la fonction publique (1966-2013)." Thesis, Lyon 2, 2014. http://www.theses.fr/2014LYO20099.
Full textEvery year in France, about 700 administrative officers (French attachés) get hired thanks to a competition. They are neither street level bureaucrats nor top civil servants, but these civil servants constitute most of the intermediate administrative staff of public services. Yet, they remain mostly invisible to citizens and little known to social scientists. Since 1970, Regional Administration Institutes (IRA) have been designed to merge and homogenize the recruitment, training, and practices of these public agents. The study of those educational institutions sheds light on the process through which the State assigns these middle managers a specific mandate.Combining sociological approaches of public administration and of socialization, three perspectives related to the middle managers’ training are being developed. First, a socio-historical analysis of the reforms of the IRA sheds light on hardships encountered by the administration in establishing an inter-ministerial “corps”. This approach allows us to understand compromises between ministries that allow the stabilization of the training’s organization. Then, within the IRA institution, the study of prescribed and taught knowledge enlightens the different activities entrusted to middle managers during their training. These skills shape various figures of the public services' middle managers. Finally, an ethnographic approach of processes of socialization within the IRA institution shows that the mandate of the attaché also stems from various modes of appropriation and discrepancies from institutional expectations.These three sites of investigation constitute an interesting vantage point of two type of deep-seated tensions among middle management. First, the tension between the unification of the group and its scattering. Then, that between the attachés’ autonomy and their participation in the “dirty work” chain of delegation. Both manager and managed, both technician and non-specialist, both legal expert and team leader, the mandate of these middle managers fluctuates depending on what the State wants to achieve with its administration
Dion, Fabrice. "Contractualisation et emploi public." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020023.
Full textThis research consists in a study about the most appropriate status for civils servants and more generally, people who work for public utilities. It appears that it is a twofold question: first, it might be possible that every worker could have the same status created by a contract or an administrative decision. Secondly, an other system could be enacted, the coexistence of a special status for some of them, and a contract for the others. If this second option is chosen, the question is which kind of harmonisation between the status and the contract. The aim of this thesis is to answer to these questions. The first part is an analysis of the conditions of the work of the people who are linked by the public administration with a contract. They are called “contractuels”. The notion and its regime are analysed (especially, the condition of the recruitment and the career of these workers). The second part of the thesis consists in a larger study. Because of the logic of competition and performance, and under the influence of Europe, public utilities have changed. Their missions are different. So the status of the people who work for these services has changed too. This new status is a mix of contract and traditional administrative rule. A new kind of management and a new public law appear. The differences between civils servants are less and less important and, in the same way, their similarities with workers from the private sector are more important
Hamad, Hamad. "Les garanties disciplinaires du fonctionnaire dans le droit libyen." Thesis, Brest, 2019. http://www.theses.fr/2019BRES0028.
Full textIn observing the disciplinary activity of the administration, we note that there are many cases where the requirements and guarantees given by the legislator in favor of the civil servant during the disciplinary procedure have been clearly violated.Indeed, the importance of this study and its objectives are as follows:Disciplinary safeguards play an important role in the public service, as they protect the rights of the civil servant who is the subject of a disciplinary investigation and limit the arbitrary and extremism of the administration vis-à-vis its employees, in order to conduct a fair disciplinary investigation.To study and demonstrate the legal value of the disciplinary guarantees intended to ensure the protection of the civil servant, especially in our time when the number of civil servants in Libya exceeded, according to the latest statistics, the threshold of millions of civil servants; This makes them the largest socio-professional category.The intervention of the State to satisfy the needs of its citizens is done through the public services whose efficiency depends on that of the official. And since the principle of efficiency requires the administration of a certain disciplinary power to sanction the offending official, secure the job and reassure the employee are also necessary, in order to stimulate his ambitions and improve his performance. That is why the existence of the principle of guarantee and the balancing of this principle with that of effectiveness is necessary.The study also aimed to inform public servants that there are many guarantees for which they must be informed in order to protect their rights in case they are subject to disciplinary sanctions, when a large majority of them have no other financial source besides their salaries. Because they may lose their treatment, this is provided by law in case of suspension during disciplinary proceedings or for always in case of revocation.In the fact that it compares two disciplinary systems, namely the Libyan and French systems, while making reference to other systems, in order to identify its shortcomings and propose appropriate solutions. And this undoubtedly illuminates the way for those responsible for the evolution of Libyan legislation concerning the public service
Papazian, Patrick. "La séparation des pouvoirs civil et militaire en droit comparé." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020027/document.
Full textThis comparative study aims to demonstrate that the principle of separation of civil and military powers is a fundamental part of States with liberal tradition. In law it takes the form of incompatibilities. In law, it takes the form of incompatibilities. Initially, following the experiences of confusion of civil and military powers that separation has taken the shape of an incompatibility between the military and the voter. In a second step, this separation has taken the shape of a mismatch between the military and the representative
Alkazagli, Mohamed. "La réforme administrative et son rôle dans la construction d'un nouvel État en Lybie." Thesis, Université Grenoble Alpes (ComUE), 2017. http://www.theses.fr/2017GREAD006/document.
Full textThis study is related to the Libyan state who testified of weakness and instability since the Ottoman Empire until the fall of Gaddafi, which hindered any administrative reform effort that could have been undertaken to confirm the concept of state, which has always struggled even a real absence. The country lives without state since Gaddafi's fall in 2011, although the transitional period has passed through several stages such as the introduction of a new Constitution and elections to put in place the important institutions. The thesis also exposes the various changes and modifications that have occurred administering, analyzing their objectives and impacts. The objectives of the administration should be in line with those of the state and the needs of society in general and in particular citizens.The need for an effective management system in the state has resulted in considerable changes in political, administrative and social levels. Among the concerns listed on the political agenda since the fall of Gaddafi’s regime are the institutional reforms. This reflects the deeply degraded nature that has characterized and still characterizes the relationship between the State and the Libyan society, this situation resulting, in most cases, the weak state apparatus and organizational deficiencies and supervision that followed. It should however be clarified that the public administration is a sphere of the state, it cannot therefore represent only the administrative state. Thus, it must act in close cooperation with the political state and social bodies. For this, necessary both an entrenchment of the institution in its traditional values and openness to new public management.Keywords: State, administration, administrative reforms, centralization, decentralization, organization, sociology, public service, society, state power
Tcherkessoff, Pierre. "Cohérence et légitimité du ministère public." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020022.
Full textAt a time in which the institutions of the judiciary are at the heart of public debate, it is apparent that the status and role of the Public Prosecutor are key issues in judicial reform. Further to rulings from the European Court of Human Rights and inconsistencies within the French model itself, the office of the Public Prosecutor in France is undergoing a profound crisis of legitimacy. A theoretical assessment appears necessary in order to produce an appropriate and coherent model giving indisputable legitimacy to those representatives of society who are to protect public interest and individual freedoms. Such legitimacy is to be considered in light of the position of the Public Prosecutor in the apparatus of State, the procedures he must follow and the objectives he must pursue. Having highlighted the lack of statutory safeguards applicable to the office of the French Public Prosecutor, and considering its legitimacy within the judiciary, it appears that by the very nature of its various criminal, civil and commercial functions, and given the tasks entrusted to it, the office of Public Prosecutor must be fulfilled by members of the judiciary who benefit, as such, from the same statutory guarantees as judges