Dissertations / Theses on the topic 'Litige administratif'
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Bouchaud, Benoît. "Stratégie procédurale et litige administratif." Bordeaux 4, 2010. http://www.theses.fr/2010BOR40058.
Full textAdministrative procedure is an art of performance. It does not resolve to a sequence of abstract legal acts. All strategic bet is to define an applied law’s knowledge. Defined as the understanding of implementation for legal rule to obtain claim’s satisfaction, strategy seeks to account for the dynamics of the dispute : whether the use of asymmetric information in litigation, design and conduct the litigation records’. The shared goal is therefore to achieve an ultimate answer, legality, an essential legality to preserve social peace. The strategy cannot be denied : freedom is his genius and his demon. When broken, the choice does not lead to legal search of truth : what is at stake is in full disagreement with expected standard’s behaviour, it is random or opportunistic. Law, forged in the tumult of litigations, need not be frightened of it have some paradoxes : it makes it more human. The trial is only words uttered solemnly to cover the ills of society. Words. . . It’s mysterious power. They are the most powerful of all means of action. By action and by the pen, the strategy writing a new chapter of law. It bridges the divide over legal rule and its practical realization
Duval, Christian. "La liaison entre la compétence et le fond du droit en droit administratif français." Aix-Marseille 3, 1994. http://www.theses.fr/1994AIX32021.
Full textThe argument developed here is that there is not necessarily a link between the jurisdictional order - administrative of judicial - to which a lawsuit is refered ant the public or private nature which is applied to its settlement. The connection corresponds to no scientific necessity, be it on a theoritical level or on that of its practical value. Its relevance appears to be highly questionable. The frequent harmony of administrative and judicial precedents in problems common to both and the large number of procedents borrowed by either judge from the other type of law make it impossible to recognize the principle according to which the competence determines the substance. The analysis of positive law also allows us to question the other side of the same principle namely that the competence follows the substance. Finally the theoretical establishment of the rules does not correspond to the requirements of rigid construction. The foundations supposedly perceived in the very origins to the dual jurisdictional system prove to be fragile and the way in which the principle was conceived by doctrine remain affected by serious causes of precariousness
Manla, Ahmad Jassem. "Les modes alternatifs de règlement des litiges administratifs en droit français et en droit syrien." Thesis, Université de Lorraine, 2017. http://www.theses.fr/2017LORR0226.
Full textHaving been ignored, for a long time, by the doctrine as well as by the positive law, alternative means of dispute resolution (ADR) have recently aroused a particular interest in both French and Syrian administrative laws. Conveniently, theses alternative modes would designate a set of processes with the objective of putting an end to the administrative disputes without going through an administrative or judicial process. The administrative recourse, arbitration, mediation, conciliation and transaction have all been haphazardly found out and grouped together. It is the study of their restrained place in the resolution of the administrative disputes in France and in Syria, as well as the study of the perspectives of their desired development in French and Syrian administrative laws that the present study is devoted to. In this sense, this is a comparative study between the French system and the Syrian system
Le, Reste Simon. "La résolution des litiges sportifs." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1089.
Full textSport disputes resolution has shown an extraordinary strength over the past twenty-five years through the interaction between the three main forms of justice as component of the "sport justices", i.e. the internal justice of the sport organisations (disciplinary and administrative justice), the alternative justice (ADR, arbitration and independent authorities) and the state justice (French and European justice).Through the dialogue between the various sport judges, we will also analyze how these three justices, despite their differences, enlighten each other, stand each other, respect and complete each other. This research also aims at highlighting the very existence of the dialogue between the different sport judges. This dialogue plays a part in the improving of sport disputes resolution and more generally of the sport rules.Through the dialogue of judges, the internal justice of the sport organisations has significantly changes to the benefit of the members of sport organsisations whose rights are more guaranteed. Alongside, thanks to the dialogue between judges, the development of the alternative justice is considerable, showing its significant efficiency in sport disputes resolution. Nonetheless, these two justices cannot pretend covering the whole sport litigation and handing down final and binding decisions. Despite the positive evolution of the internal justice of sport organisations and the development of the alternative justice, the involvement of the state justice remains indispensable in the good resolution of sport litigation
Lin, Ching-Lang. "Arbitration in administrative contracts : comparative law perspective." Thesis, Paris, Institut d'études politiques, 2014. http://www.theses.fr/2014IEPP0023/document.
Full textWhile arbitration has traditionally been considered as a means to resolve private disputes, its role in disputes involving administrative contracts is a crucial question in administrative law. In brief, the three specific questions are (1) Can arbitrators or arbitral tribunals decide issues involving administrative law? and (2) Is there, or should there be, any limitation on the authority of arbitrators or arbitral tribunals? (3) Moreover, after the issue of an arbitration award, what role should the State play in the judicial review phase? The first question, the issue of arbitrability, is discussed in part 1 (FIRST PART: ARBITRABILITY). The second question will be discussed in part2 (SECOND PART: PARTICULAR QUESTIONS OF ADMINISTRATIVE MATTERS IN ARBITRATION PROCEDURE). Finally, on the question of what happens after the arbitration award, we will discuss judicial review in part 3 (THIRD PART: JUDICIAL REVIEW AND EXECUTION OF ARBITRATION AWARD). We compare legal systems between the four countries: in France, in Canada, in China and in Taiwan. We believe that an administrative contract, at least in its function and conception, is gradually becoming different from a private contract. Innovation with respect to administrative contracts will also reflect the concentration and function of the administrative litigation systems in each country. In addition, the “objective” or “subjective” function of administrative litigation will also affect the degree of arbitrability, as well as arbitration procedures. Taken together, arbitration will be more acceptable in systems whose function is more “subjectively oriented” than in those whose function is “objectively oriented". Finally, “the arbitration of administrative matters” traditionally has been an important question in administrative and arbitration law. In the future, we will continue to see it shine in the doctrine and jurisprudence of both the administrative and arbitration law fields
Ikonomou, Alexandre. "Les modes non jridictionnels de règlement des litiges administratifs." Paris 2, 1993. http://www.theses.fr/1993PA020070.
Full textDuring the past twenty years in french administrative law, interest has reappeared in the area of non-juducial modes of administrative litigation settlements. Such modes have consisted in mediation ("mediateur de la republique"). As well as other modes of conciliation, or obligatory petitions before the administrative authorities ("recours administratif"). The main characteristic of these non-judicial modes is informality, which translates into a lack of adequate regulations, especially in the case concerning "recours adminsitratif". These observations lead us to formulate certain propositions based on the spirit of conciliation
Vrignaud, Muriel. "Les modes non juridictionnels de règlement des litiges administratifs." Thesis, Nantes, 2016. http://www.theses.fr/2016NANT3027/document.
Full textInflation of administrative contentious and the obstruction of state courts have caused these last years a renewed interest for conciliation, mediation and administrative appeal. The current context, marked by the will of the public authorities to improve quality of the relations which maintains the administration with administered, is moreover particularly conductive to the development of non-jurisdictional modes of regulation of administrative contentious. More human justice, flexibility, speed, reduced costs … in spite of their various origins, these mechanisms present many common virtues indeed. In spite of specific obstacles to the matter, the non-jurisdictional modes of regulation of the contentious have managed to adapt to the modern requirements of the administrative life. The coherence of this concept is however weakened by the anarchistic development of these processes, and particularly by the multiplication of the obligatory prior administrative appeals whose objective – quite different from that of the optional procedures of non-jurisdictional regulation of the contentious – is above all to limit the access to the courtroom. This proliferation of unmethodical procedures with no regard for interests of administered harms the image of the non-jurisdictional modes of regulation of the administrative contentious. It therefore appears more than ever necessary to clearly define the concepts of conciliation, mediation and administrative appeal and to accompany these mechanisms by a certain number of warranties so that they can finally have their full effect
Ndigo, Nzié Samuel. "Le système camerounais de prévention et de réglement des litiges de l'administration." Bordeaux 4, 1997. http://www.theses.fr/1997BOR40040.
Full textDiemer, Marie-Odile. "La juridiction gracieuse en droit administratif." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40031.
Full textThe notion of non-contentious jurisdiction is traditionally connected to the activity of the civil judge. Still, the administrative judge administers contentious as well as non-contentious justice. Understood as the activity of the judge outside of any litigation, it is little studied in administrative law but widely examined in private judiciary law. Nevertheless, it is interesting to compare the way judges consider their office in a non-contentious frame as well as analyse further the common points and the differences between the two juridical regimes. However, the development of such an activity can appear paradoxical when courts keep being more and more congested and when the attraction for alternative ways of settling disputes keeps developing. Yet, the progression of the certification activity of some administrative acts, including transactions, can make it possible to avoid the length of a trial. This new procedure can thus favor the renewal of the principle of juridical security and makes it possible to consider from a new point of view the definition of the jurisdictional function of the administrative judge
Ponsard, Anne-Laure. "La transaction administrative." Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100200/document.
Full textLa présente thèse se propose d’étudier la transaction administrative à l’aune de son environnement juridique : un mode transactionnel de règlement des litiges administratifs peut-il valablement se développer en droit français ? Il apparaît alors que la transaction administrative s’est développée là où elle est désignée pour ce faire. Promouvoir ce mode de règlement des litiges supposait d’en clarifier la définition et le régime juridique. En l’occurrence, comme la transaction de droit privé, la transaction administrative est caractérisée par trois éléments : l’existence d’un litige ─ relevant du juge administratif ─, un accord de volontés et des concessions réciproques. Leur appréhension fait, en revanche, l’objet de quelques adaptations de façon à tenir compte des problématiques du droit administratif que soulèvent nécessairement les litiges administratifs. C’est donc une transaction largement inspirée de la transaction de droit privé et faiblement dérogatoire au droit commun que le Conseil d’Etat a façonnée. Depuis, la transaction administrative s’est effectivement développée. Toutefois, un plus grand développement encore ne semble pas envisageable, du moins à court terme, tant les entraves sont importantes. Celles-ci sont nombreuses, de nature hétéroclite et pour certaines, difficilement remédiables. Ni le système juridique français, ni les caractéristiques propres de la transaction ne se prêtent à un développement massif de ce mode de règlement des litiges. Il est donc probable que la transaction administrative demeure, en droit français, un mode secondaire de règlement des litiges. Mais secondaire ne signifie pas nécessairement mineur, et si des progrès sont encore envisageables, le bilan de la transaction administrative est, pour l’essentiel, très honorable
Il, Léa. "La liaison du contentieux." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020094.
Full textIf expression link of contentious is commonly used in administrative case law, in manuals and books of administrative contentious, it is to be confused with the rule of administrative decision. But the link of contentious is vaster than this last, it returns in a different reality which remains to discover. The practical study of link of contentious reveals that it is in interest of litigants and that itis the working instrument of the judge because without it, litigation cannot be settled out of court. And as litigation is before the affair of litigants, it is them who will have to link contentious. The judge, addressee of the link of contentious, is going to play a part of link of contentious’srealization while he resided outside this one initially. The juridical analysis of the link of contentious shows that it exercises in the same time a strong hold, at all the law suit, over the litigation which it delimits. In effect, the contentious, which linked in front of the first investigation magistrates, is crystallized after the expiry of the deadline of submission for a legal settlement before being completely irremovable at the close of investigation of the case. Litigation, such as it was linked, is possibly “transferred” in other proceedings to be re-judged. The link of contentious continues then in front of the judge of appeal and cassation but while ensuring to the litigation his uniqueness
Thierry, Pierre. "Les modes alternatifs de règlement des litiges administratifs : une contribution au renouvellement de l'état de droit." Montpellier 1, 2000. http://www.theses.fr/2000MON10048.
Full textAuvert, Anne-Julie. "Les écritures populaires aux marges du droit social : plaintes, litiges, protestations." Paris 8, 2011. http://www.theses.fr/2011PA083968.
Full textHow can one read thousands of letters addressed by individuals to welfare state bureaucracies in order to get an aid, support or supervision ? If one is compelled to write about his personal situation to have access to a right, does it lead to a reflexive moment and to a redefinition of one’s social identity ? What is at stake in those settings to writing ? This dissertation analyzes several corpus of letters in which their authors reveal themselves, tell problems of their ordinary life, asking for and trying to obtain a protection. Throughout thousands of letters – written complaints notified to a police station in the 1950s, writings linking the unemployed with agents of an employment agency, letters received by a quasi-Department – one discovers injunctions that bear upon their authors, summoned to give away or to actualize elements of their personal situation in order to fill the social law categories or to assert a right. This analysis also concerns the word-to-word level, based on what the letters condense and seek to produce, on what they think they are acting on. Because they can hardly fit in the administrative and juridical structures, negative answers lead to new instances of settings to writing. Don’t we have here a circular relation, where ways to define oneself and acting codifications keep sending the authors back to their privates affairs ? Here, the writing is a problematic moment, all at once familial, economical and personal. As a reflexive gesture and cooperation with state-defined categories, it actualizes a social relation linking intimacy to politics
Nakasene, Vanthong. "L'ordre administratif : vers une réforme du système judiciaire en RDP Lao." Phd thesis, Université de Bretagne occidentale - Brest, 2013. http://tel.archives-ouvertes.fr/tel-01058665.
Full textOspina-Garzón, Andrés Fernando. "L'activité contentieuse de l'administration en droit français et colombien." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020029/document.
Full textDispute resolution activity is commonly considered as a wholly judicial function. Judicial actions against the administration and the procedure followed by Courts would be referred as “contentious”, while actions and procedures before administrative bodies would be described as “non-contentious”. Still, both Colombian and French administrations may resolve disputes on a daily basis as a result of longstanding “contentious” missions. Therefore, a vision that reduces this “contentious” to the solely judicial activity distorts this reality in power organization theory. The administrative resolution of disputes is an incidental prerogative of the public administration. It is characterized by its attachment to the main administrative mission, it is an instrument for the purposes of administrative action. The administration resolves disputes as part of its administrative function: administrative “contentious” decisions have not the force of a final judgment, and could be subject to judicial review. Administrative “contentious” missions seem to conform to a non-rigid vision of the separation of powers shared by Colombian and French systems. However, the administration does not performs a “contentious” activity every time an administrative action or an administrative sanction procedure is undertaken, or when it has to decide a controversy opposing two individuals. Administrative “contentious” activity demands a real “contentious” to be materialized before the administration, which also decides the bottom of the dispute. In that case, the administration does not perform a judicial or quasi-judicial mission, but just a real “contentious” mission
Bakkali, Hicham. "Le règlement amiable du litige fiscal au Maroc." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D077.
Full textGiven the complex legal nature of the tax and its close connection to a changing environment in Morocco, the conflict between the tax administration and its users become an inescapable reality. The judicial process was and is the traditional tool to adjust, but the Moroccan tax practice today reveals that this route is not always the best way to meet the needs of litigants. From this angle, the Moroccan tax legislator wants to introduce new tax disputes resolution tools for new relations between the tax authorities and taxpayers. The Moroccan tax administration examines now the different dimensions of his disputes with the different categories of taxpayers. The long term goal is to achieve participatory management of disputes. To this end, the DGI seeks to put in place following the new instruments that provide new ways to see the disputes that may arise between different tax services and their users. The current approach focuses on the most important elements of the conflict between the administration of the taxpayer, and that impact on how to approach and manage. This approach offers alternative methods of settling tax disputes cooperative style first to identify mutual interests for a consensual solution. These non-judicial methods of settling tax disputes evolve very quickly in the Moroccan case. They aroused passionate debate in the theory of public law, both on the substance of the plan on the level of form. Moroccan specialists have indeed discussed the various legal possibilities of integrating them into the overall system of dispute resolution, which have been under investigation to test their compatibility with the tax system. The accepted and mastered by DGI modes are negotiated settlement of tax disputes techniques such as negotiation and transaction. Other collection methods and under different and innovative forms in tax matters are being explored to integrate into the system. This reflects the rise of the authority of the advisory function in tax matters. In practice, this leads to the invention of administrative or legal instruments to the tax authorities that facilitate dispute resolution mechanism. Thus, the incorporation of alternative dispute resolution recognizes the growing interest to deal with tax disputes, but some improvements are still to be made, since the mechanism needs a legislative and legal support in Morocco, but also a real willingness to eliminate tax disputes from Moroccan citizens
Huglo, Christian. "Le juge, la prévention et la résolution des litiges en matière d'environnement." Paris 2, 1994. http://www.theses.fr/1994PA020050.
Full textAbu-Rass, Thabit 1955. "Jurisdiction and spatial control in Israel: The case of the Little Triangle." Diss., The University of Arizona, 1997. http://hdl.handle.net/10150/284360.
Full textAmbeu, Akoua Viviane Patricia. "La fonction administrative contentieuse en Côte d'Ivoire." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30048/document.
Full textGenerally speaking, the contentious administrative function can be arrested as all the jurisdictions asked to know disputes resulting from the activity of the authorities. She represente the jurisdictional activity in administrative subject. Consequently, the contentious administrative functio has to dread as long under the angle of a jurisdiction, that under that of his judge. The institution of a contentious administrative function (office) in Ivory Coast goes back up to the colonial time. However, following the example of most of the French ex-colonies, it is that after the independence in 1960, that the Ivory Coast contentious administrative function asserted itself as autonomous jurisdictional office towards the French system. The not contentious administrative procedure, as the contentious administrative procedure question of which it is in the study knew big progress both in France and in the French-speaking countries of Africa for which the system of jurisdiction administrative as the right at which it aims at checking constituted for a long time, according to the Jean RIVERO's beautiful formula, a voucher " produced by export " French. Ivory Coast does not escape this report. So, the study of the contentious administrative office in Ivory Coast has for object to draw the general face of the Ivory Coast administrative justice half a century after her institution to underline the elements of durability or change
Guilleminot, Solange. "Litiges et criminalité dans le présidial de Caen au XVIIe siècle." Caen, 1985. http://www.theses.fr/1985CAEN1000.
Full textSu, Yii-Der. "Les litiges en matière de marque : contribution à une étude de droit comparé entre la France, la Chine continentale et Taïwan." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA029.
Full textThere continues to be significant developments in intellectual property law in the wake of the technological revolution and the globalization phenomenon. This thesis seeks to analyze procedures for settling disputes by comparing three decidedly different judicial systems: France (the « cradle » of Civil law legal system) on the one hand, contrasted with two entities of diverging judicial traditions, namely Mainland China and Taiwan. We will take up two trends in particular: a strengthening of administrative power and at the same time a movement toward harmonizing settlement procedures.The strengthening of administrative power is evidenced by its “specialization” and extension of its competence in the area of intellectual property rights. Thus, in Mainland China local administrative authorities can enforce administrative laws to expediently deal with intellectual property disputes. In France, on the other hand, the growth of administrative power can be seen in the transposing of the 2015 future directive regarding the harmonization of trademarks within the European Union, which attributed competence to the INPI for the first degree examination in the revocation and invalidity procedures.The harmonization of trademarks is also visible in the introduction of a reinforced “customs seizure” mechanism in Mainland China and Taiwan. Furthermore, with the establishment of specialized courts, the Taiwanese legislature became the first of the three justice systems to create an intellectual property court in 2007
Kessentini, Imed. "La prévention et le règlement non juridictionnel des litiges fiscaux : contribution à l'étude des voies de prévention et règlement non juridictionnel des litiges fiscaux en droit fiscal interne." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020082.
Full textAs part of the ongoing search for the reinforcement of consent to taxation and, more broadly, to legitimize taxing authority action in general, the public authorities have created and accumulated various processes designed to prevent and resolve the amicable settlement oftax disputes in the domestic order. The aim ofthis is this thesis is the study of the roles of modes of prevention and the non-jurisdictional resolution of tax disputes following the public authorities approach which tend to reinforce the taxpayer's situation in its relationship with the tax administration. lt is specifically designed to demonstrate their contribution in the constant process that wishes to establish a relationship of trust between these actors, while revealing their limitations proved in their implementation and the major issues that will face the taxpayer who resorts to them. The first part will be dedicated to present the development of the modes of prevention and amicable resolution of tax disputes to be an expression of the movement toward improvement of the relationship between the taxpayer and the administration. The second part will deal with the limits of these procedures and the conceivable prospects for their improvement, in particular to counter their drawbacks and thereby protecting the taxpayer
Jiao, Jinfeng. "Pride and licensing effects: when being good gives us permission to be a little bad." Diss., University of Iowa, 2015. https://ir.uiowa.edu/etd/1856.
Full textWesterdahl, Erik. "Little Green Men? A Frame Analysis of the Ukraine Crisis." Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-346487.
Full textRoquet, Cédric. "Juridictionnalisation des rapports sociaux à l’hôpital : du contentieux du management au management du contentieux." Thesis, Rennes 1, 2019. http://www.theses.fr/2019REN1G015.
Full textSocial legal litiges in public hospital are more and more provided. Can this observation be put into perspective with hospital organizations specificities, as continuity of care, or hospital reform, in conjunction with economic situation ? In social law, equilibrium and proportionality are tow issues, and the breacking point is never far. It is precisely this proximity between this equilibrium and this breacking point , potentially triggering social legal dispute, which makes that research topic, an interessant prism to study the evolution of social reports in the hospital institution. Investigate the elements at the basis of legal social litiges in hospital, it is to study managerial relationships, taking into accompte specificities of hospital structure. This thesis examine this social reports crisis, considering juridic and managerial aspects, in order to better understand the causes of this legal litiges upsurge. Then, this thesis describe and take into account this managerial new reality, in the daily management of public hospital centers. The results demonstrate the necessity for this ones, to optimize their juridic and managerial performance to rebalance their economic performance in favor of their social performance, and so limit this legal litiges upsurge phenomen
Rinaberger, Joshua, Zoë Garner, and Luis Riofrio. "So Many Mobile Games, So Little Visibility : A dissection of the problems surrounding visibility and discoverability in mobile gaming." Thesis, Linköpings universitet, Företagsekonomi, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-148272.
Full textRask, Anton. "“Attitude is a little thing that makes a big difference” : Exploring the impact of marketing appeals on sustainable consumption." Thesis, Luleå tekniska universitet, Institutionen för ekonomi, teknik, konst och samhälle, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:ltu:diva-85642.
Full textRoberts, Kristopher. "your little voice: An autoethnographic narrative on philosophy, technology, relationships, and the arts." The Ohio State University, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=osu1525293031814062.
Full textRivera, Marcos D. ""Scary but a Little Bit Motivating": Understanding the Lived Experiences of Academic Probation and Deciding to Participate in an Academic Intervention Program." The Ohio State University, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=osu155500243951416.
Full textXu, Chen. "Les contentieux fiscaux devant l'arbitre." Thesis, Bourgogne Franche-Comté, 2018. http://www.theses.fr/2018UBFCF005.
Full textThe two disciplines, arbitration and taxation, are traditionally considered to be distinct, and exclude one another. On the one hand, tax sovereignty is vital for the state. On the other hand, arbitrator, being a private judge, has always been suspected, rightly or wrongly, of not being sufficiently sensitive to the public interest. However, the developments observed over the last decades have shown that this incompatibility between the two disciplines was not or is no longer the case. Indeed, with economic globalization, the challenge of the state is no longer how to tax its taxpayers but how to keep them in or even to attract those of other states to its territory. In this context, states become more flexible in resolving disputes involving tax issues. Arbitration of these disputes has thus become a reality in practice. However, in reviewing the law and the jurisprudence, we find that arbitration is not suitable for resolving all kinds of tax disputes, especially considering the interests of taxpayers. Arbitration of tax disputes in domestic law has been proved to be a failure. A form derived from arbitration, called baseball arbitration, appears to be more appropriate for resolving double taxation disputes. However, in international investment law, where the jurisprudence in tax matters has developed considerably over the past twenty years, we find that arbitration is an ideal way to resolve tax disputes related to this area, because arbitrators, in their practice, have found a balance between the protection of the host State's tax sovereignty and the protection of taxpayers-foreign investors
Sjölund, Mikael. "With a little help from our friends : The European Union and its relation to Ukraine concerning regional cooperation." Thesis, Växjö University, School of Social Sciences, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:vxu:diva-1122.
Full textThis study examines the European Unions (EU) promoting of regional cooperation, included in its programme, the European Neighbourhood Policy (ENP). The thesis is based upon the agreed activities in the EU/Ukraine relation concerning regional cooperation.
The aim for this thesis is to visualise the policy outcome of the ENP concerning the EU/Ukraine relation and regional cooperation. The following questions are posed: What are the goals for the EU; what are the achievements and planned actions and what instruments are used by the EU in the ENP concerning the EU/Ukraine relation and regional cooperation?
The theoretical approach assumes that the Union is a power in international relations. It’s well suited promoting its policies in an asymmetric power environment, where the EU is the supremacy.
This study is conducted with a qualitative research method, based on text analysis on the European Unions official documents.
The result shows that the goals for the Union are the protection of its prosperity and its energy supply. Ukraine shall assist the EU, reaching these goals. In exchange, is the EU promising integration to the Unions internal market for Ukraine. But the EU has problems when this contravenes to Russia’s interests. This confirms the theory.
Peketi, Essodjilobouwè. "Essai critique sur la notion d’homologation judiciaire." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020078.
Full textJudicial approval shows in a remarkable way how the function of judging contains different aspects. This Judicial activity is in itself a judicial procedure which ensures the control of agreements validly concluded between parties or which will become valid if their conformity with the requirements of substantive law is judicially recognized / if their conformity with the requirements of substantive law is established/ if these agreements fulfil the conditions required by the substantive law.If there is no doubt that the process of judicial homologation is unique, it must be however observed that the homologation procedures according to their purposes are distinct from each other. In fact, the procedural rules of judicial approval/judicial depend considerably on the substantive law to be applied. That’s why, it can be said in this context, that substantive law controls procedural law; for it is substantive law which determines the judge's procedural conduct when judicial approval is requested. The degree or level of the judicial control exercised over the agreements of the parties is a proof of this.What about the registration judgment regime? It is inspired by the substantive law of each subject in which the registration judgment is rendered. We could give more examples. Let us confine ourselves to the authority of res judicata, allowed in the approved agreement on divorce by mutual consent, and refused in the approved notarial deed on change of matrimonial regime. The authority of res judicata is also considered to be admitted for certified transactions in administrative matters, but rejected for certified transactions in civil matters. These brief indications probably support the idea that judicial homologation is primarily a matter of substantive law. In other words, contrary to what is often said in doctrine, homologation is a matter of substantive law before it is a procedural matter
Gomes, Filippo Luciano. "La performance en droit fiscal : un nouveau paradigme (perspectives comparées)." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020032.
Full textThe economic reality lived today primarily by European countries, along with a natural concern, brings a new horizon of thoughts, a breath of new ideas. The practice has already shown that cutting public spending is not the most reliable output to the Government debt crisis. What is intended to demonstrate with this thesis is that the investment in tax collection performance can be a powerful prophylaxis. Instead of reducing spending accomplished with the most diverse public services, the best policy to be adopted is the development of tax administration performance. In the text, we describe as performer the Administration which manages to raise the resources needed to perform its functions, the State with the least expenses for the minor nuisance caused possible for taxpayers, in which their interests and satisfactions to be preserved as much as possible. This is a general definition that is not restricted to a particular land-use analysis. Our goal is to build a universal notion applicable anywhere. Similarly, we seek to identify a general meanswhich promotes the objective of making the effective tax administration. There is no doubt that this goal can only be achieved if the work of the Administration becomes more practical. The "principle of practicality" helps exactly in the reduction of multiple tasks. This is complemented through the privatization of some activities related to tax collection. In addition to reducing the work of tax authorities, we understand that it is necessary to invest in control measures and reduction of disputes, which in addition to degrade the sensitive relationship between administration and taxpayers, slows the receipt of taxes, causing a negative impact on the level of revenues. This goal can be achieved, mainly through the development of consent to tax and the adoption of alternative means of dispute resolution
Maugain, Géraldine. "La modélisation du procès civil. : émergence d'un schéma procédural en droit interne." Thesis, Dijon, 2010. http://www.theses.fr/2010DIJOD004.
Full textThe 20th century has initiated a new dawn for procedure as a tool to defend the rights of the persons subject to trial, a change motivated by a constant care to guarantee the supranational pattern of due process of law. At the end of the century, new stakes focused on more financial aspects also emerged. The efficiency of justice merged with the quality of the judicial decision to create a concept of smooth-running of justice. These common values generated an emerging procedural pattern reflecting the civil justice of the 21st century. At the level of procedural structure, a schism in the contentious stage developed into a strong readiness for trial and a complementary judgment stage. Now, both phases must be preceded by a consensual phase, which is still scarcely used though everyone seeks it. Regarding decision-making, the judge’s role must remain the same, stating the legal position. The main goal is then to give the judge what it takes to fulfil his function through the regression of his minor roles, thus defining more accurately what his original role is
Assongba, Cossi Hervé. "Les contentieux en transport maritime de marchandises par conteneurs." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20005/document.
Full textThe container shipping has become universal because of its multimodal nature. The success of this mean of transport is also linked to the involvement of many professionals from both private and public sectors. However, the container shipping constitutes a field of litigation sometime ignored. The use of these boxes involves not only litigations of private nature but also of administrative nature. Although some international conventions regulate shipping in general, the unsuitability of some of these norms does not help the settlement of these litigations. And, as the customs administration is upstream and downstream involved in the execution of the contract of carriage, its involvement is a source of disputes whose settlement implies two different kinds of courts
Espinosa, Romain. "Analyse économique de la norme juridique : des origines constitutionnelles à la mise en oeuvre par le juge." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020044/document.
Full textThe legitimacy and the stability of political systems have very often been studied in economics separate from considerations about legal norms’ enforcement. My objective is to combine these different approaches, and to place the question of the legal enforcement at the heart of the debate about institutions. This work is made of cinq empirical and experimental investigations that deal with each of the stages of the political and legal process.This first paper analyzes the impact of constitutional rights on public expenditures. The second article explores the influence of self-serving biases on the demand and the supplyof redistribution. The third analysis focuses on the decisions of the French Constitutional Council. The fourth work deals with the recent reform of the judiciary map of Frenchlabor courts. The last study investigates the relationship between the composition of the elected jurors in French labor courts and the way cases are terminated.Our investigations rely on econometric and experimental techniques. They use standard estimation methods (OLS, GLS, Probit, Logit, Within OLS), selection models (Heckman,Triprotibt), techniques for endogeneity correction (2SLS), and methods to estimate systems of equations (3SLS). The experimental analysis makes use of standard statistical tests(permutation tests, proportion tests, two-group mean-comparison tests), and more recent methods to solve heterogeneity (wild clustering)
Carlier, Peggy. "L'UTILISATION DE LA LEX FORI DANS LA RÉSOLUTION DES CONFLITS DE LOIS." Phd thesis, Université du Droit et de la Santé - Lille II, 2008. http://tel.archives-ouvertes.fr/tel-00287077.
Full textPrenant acte de ce constat, qu'il fonde sur des considérations sociologiques (ethnocentrisme) et pragmatiques (bonne administration de la justice), l'auteur entend réhabiliter la loi du for. Sans aller jusqu'à un legeforismo, dont la traduction pratique serait l'application systématique de la lex fori, un équilibre réaliste est proposé à partir d'un rapprochement des critères de rattachement et des chefs de compétence. Le vade-mecum de ce rapprochement offre alors les clés de la complémentarité qui doit exister entre la lex fori et la loi étrangère.
Chiasson, Frédérique. "L'homologation et l'entérinement des ententes issues de processus de règlement amiable des litiges administratifs." Thèse, 2011. http://hdl.handle.net/1866/6171.
Full textThis study examines the homologation or approval of a settlement agreement reached under administrative mediation or conciliation. The first part aims to clarify the concepts by defining the preferred terminology in a comprehensive way. The implementation of these applications is then analyzed according to the jurisdiction of administrative tribunals and courts of law with respect to a conciliation agreement or a transaction concluded under administrative proceedings. The formalities relating to the submission of the demand are exposed. The tests for compliance with the law and with public order are then circumscribed to complete with an examination of the consequences of the agreement on eventual remedies, as administrative review or judicial review.
Tavadian, Alexandre. "Statutory, judicial, and administrative stays in immigration matters." Thèse, 2010. http://hdl.handle.net/1866/4432.
Full textThe vast majority of cases heard and determined by the Federal Court of Canada relate to immigration law; approximately 80% of the cases adjudicated by the Federal Court of Canada are immigration matters. Most immigration cases that reach the Federal Court of Canada eventually result in the individual’s removal. A motion for a stay of removal is generally the last recourse a person can seek in order to avoid or, at least, delay his or her removal from Canada. Nearly 800 such motions were adjudicated by the Federal Court of Canada in 2008. Despite such a considerable number of cases and the important role these proceedings play in a person’s life, no author has ever attempted to organize and present the legislative and jurisprudential rules that govern stays. No books, articles or commentaries have been written to analyze the cases rendered on motions for a stay of removal. No document compiling decisions relating to stay of removal has ever been prepared. Similarly, universities and other institutions do not offer courses or professional development training on this subject. The law relating to stays consists exclusively of cases decided by the Federal Court. A lawyer is expected to prepare a stay motion almost intuitively. Yet, the urgent nature of these proceedings makes it practically impossible for inexperienced counsel to conduct adequate research and properly represent the interests of their client. Hence, many strong cases are lost due to a lack of experience and inadequate preparation. Many excellent lawyers practicing immigration law refuse to introduce such proceedings before the Federal Courts because they are not familiar with the principles governing stays. The law of stays in an immigration context resembles a legal patchwork because the case law is often inconsistent and at times contradictory. This book organizes, presents, and explains, in a clear and concise manner, the law of stays. In particular, this book examines the three types of stays: legislative, administrative and judicial. Judges and practitioners alike will find this quick reference tool very useful when dealing with motions for a stay of removal.
Hood, Karen Michele. "Patients as consumers the influence of DTCA and "becoming little doctors" /." 2009. http://trace.tennessee.edu/utk_graddiss/38.
Full textProst, Patricia. "Édition et analyse de l'enquête du péage de Mézel (1407) : enjeux, procédure et stratégie." Mémoire, 2009. http://www.archipel.uqam.ca/2029/1/M10845.pdf.
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