Dissertations / Theses on the topic 'Fonction publique – Droit'
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Damsou, Ndah-Adiah. "La fonction publique tchadienne : entre la fonction publique de carrière et la fonction publique d'emploi." Paris 1, 2011. http://www.theses.fr/2011PA010301.
Full textSuntaswang, Khuanchai. "La fonction publique en Thailande." Paris 1, 1986. http://www.theses.fr/1986PA010265.
Full textThomas-Tual, Béatrice. "Droit de la fonction publique et droit du travail." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37619003s.
Full textFont, Nicolas. "Le travail subordonné, entre droit privé et droit public /." Paris : Dalloz, 2009. http://catalogue.bnf.fr/ark:/12148/cb41464650q.
Full textFressoz, Pierre. "Décentralisation et droit de la fonction publique." Paris 1, 1996. http://www.theses.fr/1996PA010312.
Full textThe intersection of decentralization and public office concepts mainly concerns the local public office (though, decentralization also affects the state public office). Four paradigms measure the consequences of decentralization on the local public office: are the state and the local civil servant's statutes on all fours? Is the local civil servant's statute united or not? Is it subdued to public law or not? Does it shelter the local civil servants or not? The local civil servant's history shows that their statute has progressively gone public, united, protective and equal to the state civil servant's statute. The law no 84-53 of Jan. 26, 1984, consecrates this evolution in order to improve decentralization; but this law did not satisfy the local-government authorities. Therefore, the two main reforms (laws of Jul. 13, 1987, and Dec. 27, 1994) of the law of Jan. 26, 1984, have increased the local "autonomy", to the detriment of the unity and parity of state and local civil servant's statutes. And finally, these two reforms have not improved decentralization
Burlett, Richard. "La haute fonction publique territoriale." Nice, 1995. http://www.theses.fr/1995NICE0027.
Full textColin, Frédéric. "L'aptitude dans le droit de la fonction publique /." Paris : LGDJ, 2000. http://www.gbv.de/dms/spk/sbb/recht/toc/319763811.pdf.
Full textColin, Frédéric. "L'aptitude dans le droit de la fonction publique." Aix-Marseille 3, 1998. http://www.theses.fr/1998AIX32030.
Full textWe can consider "aptitude" to be a vital prerequisite to becoming a civil servant and the fundamental principle in the relationship between the civil servant and the state. Civil servants are required to be able to carry out the work which is assigned to them. Juricial control of aptitude has been developing as the result of a growing number of cases which allow us to attempt a definition of a concept which nevertheless remains a standard. The purpose of this study is to demonstrate the specificity of this concept and to distinguish it from those cases where the idea of discipinary fault is applied. The strengthening of the concept has been progressive, but its use always involves a problem. "aptitude" allows us to redefine the extent and the limits of judicial protection of civil servants, in particular concerning tenure. Aptitude can be understood as the compatibility between the civil servant and the work to be accomplished. Parallels can be seen between the public and the private sectors. Aptitude, both physical and professionnal, is to be evaluated throughout a civil servant's career. A similar legal concept is found in other national legal systems as well as in european, community and international law. The concept has a constitutional law component, either directly or indirectly. The first part of this study examines the concept of aptitude in its role as the fundamental principle governing the relationship between the civil servant and the state. The second part concentrates on its effect on civil service law : it achieves a balance between the interests of the state and those of the civil servant and facilitates their collaboration. The role of administrative courts in the development of this concept is not yet very great. Finally, the concept of aptitude may be a means to rehabilitate the civil service in the eyes of the public. Far from being an elusive concept, it goes from division to interdependance, and acquires the dimension of complexity
Bras, Jean-Philippe. "Les approches theoriques de la fonction publique." Paris 1, 1985. http://www.theses.fr/1985PA010056.
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
Zarca, Alexis. "L' égalité dans le droit français de la fonction publique." Paris 1, 2004. http://www.theses.fr/2004PA010297.
Full textKondylis, 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
RAHMOUNI, HASSAN. "La recherche de l'efficacite dans la gestion publique au maroc." Paris 1, 1986. http://www.theses.fr/1986PA010295.
Full textDa, Costa Stéphanie. "La rémunération des fonctionnaires : contribution à l'étude du droit des rémunérations publiques en France." Lyon 3, 2007. https://scd-resnum.univ-lyon3.fr/in/theses/2007_in_da-costa_s.pdf.
Full textCivil' servants remuneration is an issue which has always been topic to political and economic discussions. One could get the impression, if this topic is of any interest of economists, it catches also jurists' curiosity. Firstly, given the size of personnel spending on the public budget and the national debt, influence on financial law can't be underestimated. In fact, it's the mix of financial law and civil servant law which forms public remuneration law. Secondly, because of the requirements of transparency and of the multiplication of the criticism levelled against civil servants' secondary remuneration, the remuneration system's virtues and the breaches of duty have to be explained in order to emphasize the traditional management's repercussions and the modern management's limits. Lastly, because of the expansion of new public management and so of the culture of result, this analysis demonstrates that civil servants' status was adapted in order to make performance related pay become effective. In short, if for the moment, civil servants' remuneration system respects legal specificities, the progressive introduction of public management may transform civil servants' law on public work law
Kaftani, 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)?
Pesquer, Anne. "Le principe d'égalité dans le droit de la fonction publique d'Etat." Reims, 2005. http://www.theses.fr/2005REIMD004.
Full textSince the "French declaration" the access to elective public doesn't need anymore nobility titles, but only talents and merit of each citizen. This principle newly asserted, will sporadically be subjected to the fluctuations during the following government, but nowadays this principle still govern the right of state civil service, beeing reinforced since the intervention of the constitutional council, in the officers careers. From the beginning, competitive examination seemed to be the best thing for the respect of the Equality principle, but the exhaustive study of this process reveals many unequal pitfalls. Also the other process existing statutorily doesn't offer any more objective conditions of selection from that moment, we can't Iegitimately, infer that the principle of equality exist, in the entrance in civil service; the same conclusion is to be made concerning the agents careers. In fact, despite the explicit affirmation of an equality principle in the treating of state employees, the infectivity of this principle is demonstrated, in particular in the grading system, promotion stricto sensu, or retirements of the agents. We also conclude to the inoperative character of the Equality principle, during the state employees' career, but more of the relative character of the said principle in the right of state civil service
Cattoir, Didier, and Anne Hochart. "La modernité de la fonction publique territoriale." Lille 2, 1996. http://www.theses.fr/1996LIL20005.
Full textCreated by the decentralization, territorial civil service was based on three principles of equal importance unity, parity with the state civil service and the local specificity recognized through the assertion of free administration of local authorities councils principal of constitutional value. Gradually, and through out the changing policies, the local representatives in their quality of territorial authorities responsible for managing their own personnel, denounce the strict rules of the general status presented as limits. In 1987, the low maker gave them satisfaction by deregulating the recruitment of non-permanent members of staff, which, together with job cuts and reduction in working hours will disrupt the system. Faced with this situation, some local representatives prone a change of status, whereas the government wishes to reform it, in agreement with associations of local authorities. It is thus, that general status has its twenty fourth legal modification with the voting of the 27 December 1994 law. By favouring local specificities, the legislator increases the influence of politics in local civil service, corollary of modernisation of territorial administration. The quality of local civil service depends on and effectively protective status. Replacing the status by a form of collective labour agreement would radically endanger the notion of territorial civil service in particular and the civil service in general
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. .
Venezia, 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
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
Biotteau-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 textFont, 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
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
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
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 textLamblin, Luc. "La fonction publique de l'Etat confrontée à la concurrence." Paris 2, 2007. http://www.theses.fr/2007PA020068.
Full textRioux, Michael. "La fonction publique face aux maladies multifactorielles." Thesis, Le Mans, 2016. http://www.theses.fr/2016LEMA2002.
Full textIn the working environment, multifactorial disorders such as musculoskeletal and mental disorders are the main cause of officially recognized disability in France. Their particularity lies in their complex etiology, which makes claims for compensation difficult. They can be caused in part by working conditions, but other factors are involved, with no single clearly identifiable cause. Their compensation mechanisms are mainly based on hundred-year-old employment arbitration law, to which other legislative and jurisprudential compensation mechanisms have been added. These disorders can only be prevented by a complex shift in attitudes to work and in the perception of proper working conditions. For civil servants, the current system causes disparities between agents, due to differences in their legal status and recognition of the disorder in each department.Under the current system of compensation, the cost of these work-related disorders is covered by social security, which is untenable, but any new form of compensation must be cost-efficient. However, as there are no figures available to estimate the number of recognised occupational disorders and hence the proportion of multifactorial diseases, it is not possible to estimate their cost. From the data collected in this study for the year 2008 it is possible to calculate the number of agents affected by multifactorial diseases. The results indicate that the only long-term and appropriate way to deal with this problem in the civil service is through partial compensation combined with incentives to prevent these disorders
Babadji, 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
TOURE, ABDRAMANE. "Le droit malien de la fonction publique : effectivité de la norme et problèmes d'application." Dijon, 1991. http://www.theses.fr/1991DIJOD003.
Full textMontfort, 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
Bomstain, Jonathan. "Le système français de fonction publique face à la construction européenne." Toulouse 1, 2009. http://www.theses.fr/2009TOU10062.
Full textSince the end of the Second World War, European law has kept aspiring to an important place within national legal systems. Until then, French authorities considered that their staff management came under kingly prerogative, isolating it on principle from any surpranational influence. This view was rapidly questioned on the basis of two major European objectives. First, the desire to establish a Common Market based on freedom of movement for workers. And second, the development of a common European social law. The successive reforms of the French civil service system made it possible to facilitate the access to civil service to nationals of the Member States of the European Union, but also gradually involved a change of the civil servant status bases. Formerly centred on a career system, the contract is now upgraded to such an extend that we can think of a swing to an employment system. Thus, the civil service staff management tends to use techniques used in the private sector. This putting together especially manifests itself in the taking into account of "New public management" trend. The will of our Government does not seem to let think of the death of the civil service status, but the reform proposals in 2008 show an increasing use of the contract technique. The question is : what will be, in the upcoming years, the civil service employment model in France ?
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 textCristea, Simona. "Problèmes juridiques de la fonction publique roumaine : étude comparée avec la France." Paris 1, 2003. http://www.theses.fr/2003PA010270.
Full textMonzon, 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
Lebreton, Gilles. "Le pouvoir discrétionnaire exercé par l'administration française sur ses agents : évolution depuis le XVIIIe siècle." Paris 2, 1988. http://www.theses.fr/1988PA02T071.
Full textWahed, 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
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
Saneh, Georges. "Identification de la mesure disciplinaire en droit de la fonction publique au Liban et en France." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb37595161r.
Full textZhu, Guobin. "La réforme de la fonction publique et son évolution en droit chinois : vers l'établissement d'un nouveau régime." Aix-Marseille 3, 1994. http://www.theses.fr/1994AIX32016.
Full textThe aim of this thesis is to study the important events during the reform of chinese civil service system from nineteen seventy eight to the promulgation of the first general statute relative to the state civil servants in nineteen ninety three. It is composed of three parts. The preliminary part discusses the general background concerning the political institutions, the dominant ideology and the evolution of the system. The first part aims at the study of the important changes of reform between nineteen seventy eight and nineteen eighty seven. The main themes are about the new political orientation as regards cadres and personnel, the devolution of administration and new managements systems and procedures set up during this period. The second part specially deals with the establishment of a new regime of civil service in china. It lays emphasis on the elaboration and the promulgation of the first general statute of the state civil servants ; it also treats the experimental application of this new regime. The general statute now with the title of provisional ordinance relative to the state civil servants is published as an annexe at the end of this thesis
De, Surville Hervé. "La police municipale." Nice, 1993. http://www.theses.fr/1993NICE0033.
Full textAbdessemed, Salim. "Le droit disciplinaire algérien." Paris 10, 1988. http://www.theses.fr/1988PA100038.
Full textThis thesis concerns a preliminary chapter about the evolution of disciplinary power to a disciplinary law in Algeria and three parts. The first concerning the fault as foundation of disciplinary action, the determination of the faults with regard to obligation of the worker, the classification in Algerian law and employers powers in matter of crimination and qualification of faults and their limits. The second part, studies the summary punishment especially their definition, their classification in Algerian law, the principles applicable to a summary punishment and the choice of punishment by the employer and their bounds. The third part studies the disciplinary procedure especially the disciplinary guarantees, the equal organs of discipline and their list, the disciplinary decisions and the appeal ways versus these decisions. This thesis concerns the study of Algerian disciplinary law in the public office, the public sector and private sector
Gautier, Yves. "La délégation en droit communautaire." Université Robert Schuman (Strasbourg) (1971-2008), 1995. https://publication-theses.unistra.fr/restreint/theses_doctorat/1995/GAUTIER_Yves_1995.pdf.
Full textIn this thesis, three moments has seen observed. First we have depined delegation. Basis's definition : representation whide way be "perfect" or not. Secoudly, we try to apprehend relations between community and member states, using delegation. We establish that community's powers are not delegated by member states. Community's powers has been transpered by members states but they are new, not delegated. Secondly, we try to know if the community may delegate powers to member states (for example, regulation's execution by member states; directives's execution by member states). We establish that hypothesis where community delegate powers to member states are exceptionals in a thrird way, we apprehend "horizontal delegations", that's to say between conucil and commission, "intra institutionals" delagation, and delegation to an internal or an external bodies. Were concluded that delegation is, in europeen waw, specific (ef. Control of the delegation's author)
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
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 textCindric, Olivier. "La place du syndicalisme dans le renouveau des fonctions publiques." Lille 2, 2008. http://www.theses.fr/2008LIL20028.
Full textIf Trade Unionism allows some associations of persons pursuing the same occupation, the same (or even related) profession, to get themselves organised in order to defend their professional interest ; Trade Unionism in Civil Services takes on a particular dimension. During the 19th century, the administrative rigour makes hardly imaginable the creation of civil servants associations, which objects would consist in defending their professionnal interests. However, the evolution and the developments thet have been materialized progressively within Civil Services allowed the constitution of civil servants Trade Unionism in the 20th centuey. Those professionnal organisations are commissioned to defend particular interest or profession's collective interest but they also contribute in defending general interest
Daïoglou, Hélène. "La gestion de l'emploi précaire dans la fonction publique : l'évolution vers une logique d'emploi privé." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32012.
Full textThe interest shown by the doctrine to the interaction between the Public Service law and the labor law is not new but this problem is now galvanized by the identity crisis of administrative law. Not only do public and private sphere juxtapose themselves, they become entangled. The question of the management of precarious employment offers a field of privileged comparison because the public and the private sectors are facing similar difficulties : the satisfaction of the objectives of employment flexibility and stability of contractual relationships. The reflection conducted on the consequences of the growing strength of labor law in the contractual public servants law allows to qualify a differentiated approach to the management of precarious employment. The decline of the specific features of the missions of the administration calls into question the validity of uniqueness of the law applicable to the Public Service. The model of private firm is opposed to the administration as a model of economic efficiency and the « common law » of labour law is the reference to the modernization of the Public Service. Under combined influence of Community law and mechanisms contract from the labor law, the contractual arrangements of the Public Service marks a shift toward a logical employment sector
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
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)
Charlot, 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