Dissertations / Theses on the topic 'Ministère public – France – Histoire'
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Lachèze, Alice. "Le ministère public près les juridictions financières françaises : paradigmes juridictionnels, paradoxe institutionnel." Paris 1, 2011. http://www.theses.fr/2011PA010310.
Full textMorin, Geneviève. "Le monde de la pratique saisi par la communauté des procureurs au parlement de Paris (1670-1738)." Doctoral thesis, Université Laval, 2020. http://hdl.handle.net/20.500.11794/66307.
Full textCe travail prend appui sur une source jusqu’ici largement sous-exploitée et qui appartient à la communauté des procureurs au parlement de Paris sous l’Ancien Régime. Source aux apparences familières en ce qu’elle se rapporte à un ordre disciplinaire commun à de nombreuses compagnies judiciaires et corps de métiers de l’époque, son objet est pourtant passé inaperçu : la pratique. En 1670, est établie sous l’autorité du Parlement une Chambre de la postulation qui a pour objectif de poursuivre les faits d’entreprise supposée sur le ministère de procureur au parlement de Paris. Les registres par elle produits entre 1670 et 1738 forment la matière première de ce travail en consignant des usages qui forment autant d’écarts à une mise en ordre opérée par la communauté que de fenêtres sur le monde de la pratique. La postulation saisie dans ses rapports entre le postulant et le procureur qui prête son nom devient, une fois sortie des registres et articulée à d’autres corpus de sources, un outil pour sonder la vie des études de procureurs, la difficulté du métier et son accès disputé par divers praticiens sans titre. En tant que manifestation d’une inscription sociale et professionnelle, la postulation mise en lumière par la communauté des procureurs éclaire divers usages du monde de la pratique où le déploiement de l’exercice du procureur s’accommode mal de l’étroitesse du titre.
This work is based on a source hitherto largely underused and which belongs to the community of attorneys (procureurs in French) in the parliament of Paris under the Ancien Régime. The source seems familiar in that it relates to a disciplinary order common to many judicial systems and trades of the time, yet its object has gone unnoticed : la pratique. In 1670, a Chambre de la postulation was established under the authority of Parliament, the objective of which was to prosecute alleged corporate acts against the ministry of the attorney in the Parliament of Paris. The registers produced by this chamber between 1670 and 1738 form the raw material of this work and reflect uses which form as many deviations from an order made by the community as windows on the world of practice. The postulation, caught in its relations between the postulant and the attorney who lends his name, becomes, once out of the registers and articulated with other corpora of sources, a tool to probe the life ofthe attorney’s office, the difficulty of the profession and its access as disputed by various untitled practitioners. As a manifestation of social and professional registration, the postulation, brought to light by the community of attorneys, sheds light on various uses inthe world of the pratique where the deployment of the attorney’s pratique is ill suited to the narrowness of the title.
Demonteil, Marion. "Des corps à l’ouvrage. Les inspections du ministère de la Culture face au new public management (1959-2017)." Thesis, Paris Sciences et Lettres (ComUE), 2019. http://www.theses.fr/2019PSLED001.
Full textThis dissertation addresses the paradoxical institutionalization of inspectorates in the French ministry of Culture. While state control over culture is taboo, this administration has significantly strengthened and made visible its inspection capabilities between 1959 (creation of the ministry) and 2017. The conditions of possibility of such a reversal constitute a historical and sociological puzzle, that our dissertation seeks to explain. Our argument is based on the idea that state control over cultural policies managed to appear and be explicitely undertaken as such since the 2000s, provided that it is presented as a depoliticized surveillance modality. Through the case of the administration of culture, and more particularly the political uses of its inspections, we question more broadly the depoliticization of the political decision. The survey started in 2013 relies on a mixed methodology, which closely associates qualitative and quantitative methods, at the service of a diachronic perspective covering the period 1950-2017
Girard, Marina. "L'indépendance du Ministère public." Toulouse 1, 1998. http://www.theses.fr/1998TOU10036.
Full textIf the issue of dependence has been raised today it is because the Ministere public (public attorney) continues to vindicate the defence of society's interests, and public opinion continues to credit it with this intention, while in fact suspicion is undermining the political sphere. Should the link between the executive branch of government and the prosecuting attorney be cut or, on the contrary, should it be reinforced by an in-depth change to the nature and competence of the latter ? Should the way in which state prosecutors and attorney generals are nominated and promoted be modified, as a number of our European neighbours have done ? As in all endeavours, sophistication is required and the advantages should be weighed up against the drawbacks of each solution and each system. It remains nevertheless necessary to enhance this function by restructuring activities and eliminating the possibility of the minister of justice monitoring individual cases. The mere existence of this ability to intervene annoys any value the decisions of the Ministere public (public attorney) may have. It thus appears essential to preserve the "position and role of the Ministere public (public attorney) in our French legal system because it constitutes a guarantee of individual freedom, a factor of equilibrium and moderation and because it helps to maintain the independence of judicial authorities" (J. Volff)
Figini-Véron, Véronique. "L'Etat et le patrimoine photographique : des collectes aléatoires aux politiques spécifiques, les enrichissements des collections publiques et leur rôle dans la valorisation du statut de la photographie : France, seconde moitié du XXe siècle." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010733.
Full textPhotography in France, after a long period of silent accumulation in public cultural institutions, became the object of specific collecting in the second half of the twentieth century. This had a bearing on its status. From the late 1930s onwards, curators in the print cabinet of the Bibliothèque Nationale in a process of re-evaluation at last came to consider the photograph as an object for collection. They set out therefore on a daring collection program with a double focus: documentation and artistic quality. With this the BN declared its ambition to become the leading museum of photography in France. Alongside documentary photographs, which remain a priority, conservatorial interest centered on both large groups of 19th century photographs intended to inaugurate a history of photography modeled on art history, and on contemporary creators. This was a pioneering, and durable approach, but insufficient for a recognition of photography as a national art. Some forty years later, in 1976, the secretariat of Cultural Affairs took over questions concerning photography. But the four ministerial branches concerned by photography reacted in an unequal manner. In a photographic environment evolving towards a cultural orientation, national collections were initiated at the Fondation National de la Photographie, Lyon (FNP), in the Musée National de I' Art Contemporain (MNAM), at the Fonds National d'Art Contemporain (FNAC) and at the Musée d'Orsay. At last photography was recognized as an art. During the 1980s, thanks to the combined effect of the City of Paris, 'Month of the photo', and the favorable policy towards contemporary art of Jack Lang's ministry, one of the major artistic events of the late 20th century took place: photography entered the realm of the plastic arts
Thierry, André. "Le rôle du ministère public dans les procédures collectives." Paris 10, 1991. http://www.theses.fr/1991PA100059.
Full textThe public prosecutor is playing a new part with regard to predicaments faced by firms. Both the texts and their applications have modified the bankrupttcy proceedings which take into account such concepts has the protection of employment and the maintenance of activities or economic sectors. On that context, the public prosecutor is practising a new mission which is a less repressive one and calls upon economic, financial, social and taxation concepts. He has now an active share in preventing and solving the predicament faced by the corporations. Being bestowed the main party capacity and better informed, he can open the bankruptcy proceedings and must assume a mission of keeping tracks as they progress. Nevertheless his new part comes up against difficulties : inadequate information, shortage in manpower, initial training and traditionally repressive function rather far from business world, position of supeiority compared with other parties sometimes extremely difficult to justify. Being fully acknowledged as a full organ in bankruptcy proceedings, the public prosecutor must therefore play an active part in business life. It is an everyday experience which must be realized tactfully and is not to be turned either into a previous permission or intoo severe control
Lawson-Body, Latékoué. "Le Ministère public devant la Cour de cassation." Saint-Etienne, 1999. http://www.theses.fr/1999STETT052.
Full textMoinian, Mohammad. "L'évolution du ministère public en droit iranien." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32021.
Full textThe Islamic Revolution of 1979 broke up the constitutional monarchy then disbanded the public prosecution institution to make an attempt to solve the chronic issues encountered by the judicial system since the beginning of the century. The institutional system was entirely overhauled, in the interest of the new system and in the purpose to establish a new model integrating the historical link between religion and institutions with a political kind of Islam. The revolutionaries, barely prepared, lacking of experience and knowledge, noticed the failure of the new judicial politics. The public prosecution was essential to the fulfillment of the regalian functions, including the maintenance of public order and domestic security, along with the functioning of justice. This institution, existing under varied shapes since antiquity and modernized in the beginning of the century with the constitutional Revolution, has been restored in 2002
Leveel, Carole. "Les garanties d'indépendance du Ministère public en France et en Italie." Toulon, 2002. http://www.theses.fr/2002TOUL0034.
Full textRecurring subject - often polemical - in public debates, the public prosecutor's Department is in the center of the judicial, administrative and political organization of numerous states. Countries of close traditions, France and Italy proceeded, nevertheless, to different choices involving their justice, generally, and the place of the prosecution, in particular, should occupy. Strong differences appear during the comparison of French public prosecutor's departement and Italian : for example, institutional guarantees more widened in Italy than in France, or another procedure to accusatory tendency or inquisitoire which supposes a balance of the privileges and the different control mechanisms. Having said that, these national institutions know indisputably a coming together because of the progressive reorganization of the judicial services in France and the emergence of an European status of the judicial magistrates based, notably, on the notions contained in the European agreement of human rights and on the jurisprudence of the European court which punishes its application. In this legal frame become, and in spite of the French tradition and the history there, can one develop the French prosecution towards more internal and external independence, as knew how to do it Italy at other time ? This study wants to be a different vision and a stake in perspective of the French institution. Without aspiring to the exhaustiveness or proceeding to predictions, the objective of the comparison is to demonstrate that the French public prosecutor's department should evolve towards more independence, to take its just place within the society and to guarantee, with the magistrates of the seat, the functioning of the state of right
Mathias, Éric. "Le ministère public : des magistrats pour partie ? : une approche historique et comparative de l'impartialité du ministère public en France et en Allemagne." Paris 1, 1997. http://www.theses.fr/1997PA010327.
Full textThrough a comparative law analysis, the author brings up a problem arising from the french practice to husch up criminal cases by conclusively closing these matters (such a practice does not exist in germany). How to explain these drifts when the public prosecutor's impartiality is constitutionally declared ? The doctrine offers a statutory answer. Coming from a governement initiative, these closed affairs must proceed from state prosecutor's hierarchical subordination : without any statutory warranties, they are contrained to resign, or otherwise said, to defer to the lord chancellor's injonctions. Studying the prosecution in france and in germany suggests another explanation. In each country, the prosecutor's impartiality is declared, they are submitted to the "executive power" (governement) and have a margin of assessment before starting legal proceedings. Those analogies should not hide a foundamental difference : while french law qualifies the prosecutor as a litigant and consequently separates prosecution functions and investigation functions, german law challenges this position. This dissimilarity needs to interest the french doctrine : the french public prosecutor's judiciary authority is not reconcilable with their litigant position and the closed affairs for convenience matters states more of a statutory problem (should the prosecutors be independant ?) Than a procedural one (can a magistrate be a litigant ?). The absence of impartiality as illustrated with closing affairs without national matter exists above the hierarchical relations : prosecutor's submission does not base this drift but rather declines it. The way to establish public prosecutor's impartiality resides in the abolition of the separation between prosecution and investigation, and in the correlative institution of a separation between prosecution and inquisy, and at last in the creation of warranties able to control the regularity of the practice of closing affairs for opportunity reasons
Tcherkessoff, Pierre. "Cohérence et légitimité du ministère public." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020022.
Full textAt a time in which the institutions of the judiciary are at the heart of public debate, it is apparent that the status and role of the Public Prosecutor are key issues in judicial reform. Further to rulings from the European Court of Human Rights and inconsistencies within the French model itself, the office of the Public Prosecutor in France is undergoing a profound crisis of legitimacy. A theoretical assessment appears necessary in order to produce an appropriate and coherent model giving indisputable legitimacy to those representatives of society who are to protect public interest and individual freedoms. Such legitimacy is to be considered in light of the position of the Public Prosecutor in the apparatus of State, the procedures he must follow and the objectives he must pursue. Having highlighted the lack of statutory safeguards applicable to the office of the French Public Prosecutor, and considering its legitimacy within the judiciary, it appears that by the very nature of its various criminal, civil and commercial functions, and given the tasks entrusted to it, the office of Public Prosecutor must be fulfilled by members of the judiciary who benefit, as such, from the same statutory guarantees as judges
Massé, Peggy. "Les manifestations de la subordination hiérarchique du parquet au garde des sceaux." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32061.
Full textLassus, Marianne. "Jeunesse et sports : l'invention d'un ministère (1928-1948)." Bordeaux 3, 2009. http://www.theses.fr/2009BOR30061.
Full textBertrand-Fabre, Danielle. "Etre curé en Languedoc au XVIIIe siècle : l'abbé Jean-Batiste Fabre entre ministère et littèrature occitane (1727-1783)." Montpellier 3, 1999. http://www.theses.fr/1999MON30056.
Full textJeanne, Nicolas. "Juridictionnalisation de la répression pénale et institution du ministère public : étude comparative France-Angleterre." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010283/document.
Full textIn France, like in England, the Public Prosecutor is historically intended to ensure the judicial nature of criminal justice. Reciprocally, the strengthening of the judicial nature of the criminal justice traditionally restricts the prerogatives of the Public Prosecutor's Office. However, the link between the reinforcement of the judicial nature of the criminal justice and the existence of the Public Prosecutor, albeit obvious, evaporates slowly in multiple shades. The French and the English lawmakers, supported by case law, have come to considerably strengthen the Public Prosecutor's investigation and pre-trial powers, thus ousting the judicial nature of the criminal justice. Although it may seem that the judicial nature of repression is preserved when the Public Prosecutor is required to obtain coercive measures or ultimate retribution, it turns out to be deprived of substance. An a priori control by a judge who grants judicial investigative powers to the Public Prosecutor is always formalistic, whereas an a posteriori control by a judge who may annul decisions taken during the investigation is flawed and random. However, a guarantee of a regular use of investigative powers and of treatment of offenses cannot come out of the strengthening of judicial nature of the Public Prosecutor. A comparative analysis of the structure of the Public Prosecutor’s Office in France and in England reveals that the dues that are to be considered -independence and impartiality of the French Public Prosecutor -do not suffice. It is a reestablishment of the judicial functions of the body, coherent with its true ratio, that should be implemented
Arroudj, Christophe. "De la fonction ministérielle : contribution à l’étude de la constitution de la Cinquième République." Lyon 2, 2007. http://theses.univ-lyon2.fr/documents/lyon2/2007/arroudj_c.
Full textThe minister's situation under the Fifth Republic reveals a certain ambivalence. Notoriety and subservience, power and submission, these extra-judicial manifestations are found to have an institutional connection rendering this authority particularly conspicuous. There is a marked contrast between the minister's condition and his actual function. His condition as minister is affected by a weakening of the institution's status. In his existence as minister, as in the handling of his attributions, the minister is dependant on the highest of executive authorities. Moreover, devolution of directive power is not in his favour. Despite several attempts, he does not hold the right to access statutory competency. The ways and means of ministerial power can however be more indirect, even implicit. A true emancipation in ministerial function is then possible. The latter results from both the juridical disparity between ministers and the implementation of hierarchical powers, the minister detaining power outside the written regulations. He is able to dictate certain acts and behaviours that are not directly ascribable to him. The study therefore shows that the very essence of ministerial function entails the acquisition of a certain power, perpetuating a true ministerial continuum, unshakeable and unaffected by institutional evolution
Dornier, Orane. "Juges et membres du ministère public dans l'avant-procès, l'exemple de l'Allemagne et de la France." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D019.
Full textIn 2009 the “Léger Commission” proposed new guidelines for judicial criminal pre-trial which were very much like the ones found in the German judicial system. The main suggestion was to suppress investigating judges and give the Public Prosecutor Office most of their powers and trusts. However, France gave up the idea after a former German Minister of Justice launched a warning against it in the Council of Europe on the grounds that it might only serve personal interest. Yet, why should a German Minister of Justice issue such a reminder? As a matter of fact, there are currently no Investigating Judges in Germany and the Public Prosecutor as a public official is still strongly connected to the Executive Authority. Could there be differences which would explain why the German judicial system is compatible with the main principles which apply to proceedings in criminal matters, even though the French “Léger Commission” guidelines, which are very close to the German system ones, have been criticized by the Council of Europe? In what ways can comparative law help us further understand the legal issues raised by the investigating judges, source of continuing concern in France? This PhD thesis aims at providing some answers to these questions while trying to avoid an outsider’s dry approach to a country’s laws, what Jean Carbonnier referred to as le mythe du législateur étranger. The purpose is to go deep into the heart of the German and French proceedings in criminal matters by comparing them thoroughly and considering the paramount influence of the European Union and of the Council of Europe. There will be a critical approach towards the proceedings and an assessment of the pre-trial operational balance acknowledging the leading principles of penal procedure, judicial independence and neutrality, as well as the fundamental rights and freedoms of those affected. In order to decide whether there should be investigating judges, it is necessary to examine more deeply the role played by those who would replace them, namely Public Prosecutors and other pretrial judges like the liberty and custody judge in France or the judge of the investigations in Germany. Would their legal status, duties and effectiveness be different? There will also be a thorough analysis of the principles governing mandatory and discretionary prosecutions, principles which have been applied differently in Germany and in France, and which can have a real influence on the existing national judicial system balance
Lansac, Alain. "L'enquête préalable et l'exercice des poursuites : essai d'analyse et redéfinition du rôle des administrations dans l'action judiciaire." Toulouse 1, 1999. http://www.theses.fr/1999TOU10010.
Full textThe introduction sets out the nature of national and local criminal policy, then public prosecution, its organisation, its ethics, how it is expressed in compared law, and finally public action, those entitled to pursue it, the principals of legality and opportuneness of prosecution, the questions raised by instructions sent to the prosecution department. The first part looks into matters where the civil service has power of inquiry, but not of prosecution: labour law, consumer law, fiscal law. The second part looks into matters where the civil service, over and above its power of inquiry, ha its own action: customs law, indirect taxation. The third part looks into matters where the civil service, over and above its power of inquiry, can itself implement public action: civil aviation, post, highways, freshwater fishing, forests. The author concludes that, in reality, only the public prosecutor is invested with the necessary legitimacy to implement public action
Shiyab, Tayil. "Le ministère public en matière pénale : étude comparative entre le droit français et le droit jordanien." Poitiers, 2006. http://www.theses.fr/2006POIT3010.
Full textThe public prosecutor's office is the legal expression by which one refers to the whole staff of magistrates who are in charge of defending the interests of Nation before a court. In French, it is also called "Parquet". The Parquet has a major role in criminal proceedings and its presence is mandatory before all the courts, common courts as well as special courts. The study of this legal institution in criminal matter leads to put in light two fundamental aspects: the first one is organizational and the second one is more functional. What is, at the present time, the structure of the public prosecutor's office? What kinds of functions are attributed to this legal institution? Does the public prosecutor's office is the same in the Jordanian criminal law? Can we, by comparing French law and Jordanian law, find out the weak points of the Jordanian criminal law? These are the problems we will try to answer by analyzing the public prosecutor's office in the French criminal law and in comparison with the Jordanian law
Mourou, Max-Williams. "Les moyens d'action du ministère des Colonies de 1894 à 1914." Paris 1, 1993. http://www.theses.fr/1993PA010657.
Full textChosson, Jean-François. "L'institutionnalisation de l'utopie : de l'éducation populaire à la mise en place d'un service public d'éducation permanente au ministère de l'agriculture." Toulouse 2, 1987. http://www.theses.fr/1987TOU20053.
Full textPreamble. How french society passed, in the rural class, from a social movement of popular education (1945-1965) to the setting of permanent education institutions (1965-1985). . 1st part. Mental training : for a plurality of models. The method of mental training, imagined within a militant framework, has been later adapted by the institutions in terms of their specific constraints. . 2nd part. The saga of socio-cultural animation at the ministry of agriculture. The socio-cultural animation, an intervention method on the social groups, has adapted her objects and methods in relation to the evolution of the socio-historical context and to the finality of the actors. . 3rd part. The epic of the institutions of professionnal education and agricultural training, or how an institution conquered a new audience using the methods of the social movement of popular education. . 4th part. Education of agents from public utility service. The objects of an estimated formation policy for administration staff can combine with the imperatives of the juridical framework and the fight against disparity of chances relying on social basis. . 5th part. Action-research and adult education. During the last 20 years, a specific methodology of action-research gradually emerged, combining the contribution of applied human sciences and the social thought of the actors. . Conclusion. The influence of the social movement for popular education let work out public intervention forms allying the vertues of continuity and the adaptability of social request
Fontaine, Clotilde. "Le procureur général Ladislas de Baralle et le ministère public près le parlement de Flandre (1691-1714)." Thesis, Lille 2, 2019. http://www.theses.fr/2019LIL2D002.
Full textThe 17th and 18th centuries appear as a period of conquests and territorial changes in Europe, particularly in Flanders. In 1668, the southern part of the former Spanish Low Countries are attached to the French crown. To bring peace back in the province, Louis XIV decided to create a court for the newly conquered territories, the conseil souverain of Tournai. This sovereign court replaced the former councils of Flanders and Mons and the Great Council of Malines to judge in appeal the cases brought before the courts of the annexed territories. In 1686, the institution obtained the title of parlement to be definitely assimilated. During its first years of existence, the parlement of Flanders had to assert its particularities. Indeed, when Louis XIV created the court, he promised to keep the Flemish customs and privileges. He therefore appointed local jurists who knew them. In 1691, Ladislas de Baralle became General Procurator. He had one of the longest careers, twenty-three years of office. If today the prosecutor’s function mainly applies to litigation, his role during Ancien Régime was much larger. He embodied the King’s prerogatives and ensured the enforcement of royal legislation in the parlement’s jurisdiction. In spite of his promises, Louis XIV tried progressively to enforce “French” law and procedure in the realm while Flanders asserted its particular Coutumes and privileges. Born in Flanders but representing Louis XIV, how could Baralle balance both roles ?
Le, Den Mariette. "Grossesse et maternité à l'adolescence : socio-histoire d'un problème public." Amiens, 2013. http://www.theses.fr/2013AMIE0006.
Full textAt the moment of a generalisation of contraception in France, coupled with the evolution of sexual and reproductive standards, pregnancy and motherhood in adolescence distrubs and is perceived by the community as a major social problem. However, spatio-temporal variations exist in the way this fertility is perceived and is more or less accepted depending on the epoch and cultures. Starting with the assumption that the perception of adolescent pregnancy and motherhood as a problems and historical models which have been developed by certain Anglo-Saxon authors, this thesis proposes to retrace these events and the career of thus phenomenon as a public problem at the centre of French society since the beginning of the 20th century, a key period for women and situation, constructed largely though the work of doctors who enjoyed a position of social power and occupied a central place with regards to the strandads of female fertility, its appears that the adolescent pregnancy and motherhood problems have been built for more than a century, during throughout the evolution of sexual, reproductive and familial strandads. The problem has only really become formalised, as such, since the 1980' during which, age progressively replaced matrimony as a criteria of (correct) motherhood
Miloudi, Farouk. "Le procureur de la République et la procédure judiciaire." Nice, 2010. http://www.theses.fr/2010NICE0015.
Full textThe defense of the personal freedoms is assured by magistrates of the judicial order. This protection has to be made in the respect for the standard and for the law and order. In defect, the procedural balance could be questioned. The magistrates, and more particularly the prosecuting attorneys, play a decisive role in the judicial procedure. The question of the status of prosecutor finds all its acuteness at the time of the reforms. On one hand, every new arrangement can allow public prosecutor to assert more its influence on the procedure. On the other hand, it is this statutory failure which makes of the public prosecutor's department, a magistrate who is competed during his decision-making. It seems that the procedural balance is dependent on the status of public prosecutor. Indeed, if the legislator wants to protect and to maintain the procedural balance, he has to take into account this statutory datum before operating some procedural reform
Voldman, Danièle. "Histoire d'une politique : la reconstruction des villes françaises de 1940 à 1954." Paris 1, 1995. http://www.theses.fr/1995PA010527.
Full textIn France during the world war ii, the rebuilding of bombed cities begun early. In autumn 1940, the Vichy government set up agencies to coordinate the first clearance of rubble and to examine the elements of a consistent policy of urban development. Those policies were continuated after the liberation with the "Ministère de la reconstruction et de l'urbanisme". The history of town planning politics from 1940 to 1954 involves administrative, social, financial and architectural issues. It includes the analysis of networks of architects and town planners, with a description of relations between central policies and local decisions (11 case-studies). At the end of the process, town planning follows the reconstruction of cities with the same agencies
Duroy, Stéphane. "Contribution à l'étude d'un service public local : la distribution d'eau potable." Paris 2, 1992. http://www.theses.fr/1992PA020106.
Full textSouza, Guimarães Márcio. "Le rôle du ministère public dans les procédures collectives : approche de droit comparé français et brésilien." Toulouse 1, 2011. http://www.theses.fr/2011TOU10014.
Full textThe bankruptcy law is in broad development. The general issue is to safeguard the company to secure employment, the circulation of wealth and sustaining economic activity. Is more than a directive, it is a challenge to balance public and private interests to maintain social peace and economic development. France and Brazil are major players in this movement. The first country is involved in finding solutions to maintain its economic and financial consolidated position as world leader. The second is in net growth, and relies on a vast field of business development, attracting investors. In this modern movement of bankruptcy lax, the French's and Brazilian's Attorney general's office play a crucial role as guardian of the public economy. The French and Brazilian prosecutors have been erected as the guardians of the public economy. Bankruptcy procedures involve the private interests of creditors and the debtor and seem to lose interest in the public interest. Nevertheless, it is the economic aspect of the procedure which requires the intervention of the Attorney general's office. The economic role of the Attorney general's office is to balance the private interests and the public interest for the maintenance of the social and economic stability. The Attorney general's office modern purpose is an economic role based on the right to be informed and the intervention in cases of bankruptcy. The presence of the prosecutor in the course of the procedure ensures the balance of private and public interests. The traditional role of Attorney general's office ensuring the mora is not, however, shunned by the laws of France and Brazil, where the floor is now asking for sanctions against unfaithful directors, and to monitor the profession of trustee. These two legal systems provide examples of efficiency in accomplishing this issue. The cross-analysis of French's law and Brazilian's laws suggests answers to fill gaps and improve the treatment of bankruptcy firms in both countries
Racine, Maryliz. "Le " danger allemand " L'évolution de la perception des membres du Ministère des Affaires étrangères françaises envers la menace allemande (1945-1954)." Thesis, Université Laval, 2013. http://www.theses.ulaval.ca/2013/29531/29531.pdf.
Full textMeneghello, Sarah. "Théâtre privé/théâtre public de la fracture aux rapprochements ? : pour une genèse de leurs relations." Paris 3, 2006. http://www.theses.fr/2006PA030022.
Full textTheatre reveals two territories : private and public. Some professionnals bear witness to difficult relationships. This dualism finds its origin in history. Before yet 1959, rivals are therefore identified as the seal is on the break up. At that point, disagreements emerge under other terms : with privileges/" théâtre de foire ", official/independant, not liberal/commercial, elite/popular, art theatre/light comedy, scholary/distraction, traditionnal/creative theatre. . . From competition to coexistence, from warmongering to pacifism, this work has certain similarities to theatrical geopolitics. Evoke some model enterprises and manager personalities allows us to outline the great lines of strength. To stir up history, to draw portraits, to break the clichés. . . Those particular relations question the nature of theatre in its relationships to art, money and power, expose identity problems. This systemic study shows how modes of production affect theatrical esthetic
Aebischer, Sylvie. "« Mettre l’élève et le management au centre du système » : sociologie d’un moment réformateur : le ministère Jospin (1988-1989)." Thesis, Lyon 2, 2010. http://www.theses.fr/2010LYO20094/document.
Full textThis thesis looks back on the elaboration of the guidance law on education of 1989 and considers the conditions for circulation of educational ideas in the Ministry of Education. It explores the links between innovative teaching techniques and the managerial reform of the state and offers a dual perspective on the genesis of this law. It investigates at first the timing of the reform by a detailed study of actors, activities and discursive productions of Jospin’s advisers. It then offers a historical contextualization through an history of educational policies and teaching positions defended by both the Socialist Party and the Fédération de l'Education Nationale. The circulation of ideas issue is processed through professional, political and labor cultures, and through the concrete mechanisms the actors appropriate and restitute ideas
Olmi, Janine. "Les femmes dans la CGT : stratégie confédérale et implications départementales, 1945-1985." Nancy 2, 2005. http://docnum.univ-lorraine.fr/public/NANCY2/doc190/2005NAN20006.pdf.
Full textBetween 1945 and 1985 three generation of woman trade unionist sought to promote the second sex, within one of the male formation traditionally : the trade union. It is resistant post office employee, Mary Couette which opens the door of female promotion within apparatus CGT by obtaining the introduction of a national council of the women. However grafting does not take. The CGT adopts dice 1948, a reorganization which affects construction of a female integration. In 1949, the post of confederal secretary of Mary Couette resigner, falls to metallurgist Olga Tournade, also employed, resistant and communist. In 1952, it publishes the review of the hard-working women, stamps Antoinette. At the time of 39 congers of 1953, it posts the disillusioned assessments of an activity confronted with the sexism. In 1955, its sector is entrusted to another post office employee Madeleine Colin. Supported by Benoît Frachon, George Séguy and Henry Krasucky, its contribution is achieved during 20 years according to two priorities. Introduction of a network assaimant on the ensenble of the hexagon, on the one hand. In addition, the launching of a magazine female Antoinette single in its kind in the trade-union universe, the day before Christmas. Between 1960 and 1977, carried by the context of the feminist revival, the period symbolizes the apogee of the specific method initiated by Madeleine Colin. The disputes which have occurred at the time of a national conference into 1977 sound the end of the cycle of the female trade-union conqutes. The weakened commissions disappear in 1985. Antoinette survivves to them until 1989. Under the emblem of co-education, the troisieme generation of a leading manages the decline of a construction which was failed on the shelf of the levelling dream. Research tried to distinguish, through strategy of apparatus confronted with the implications of the department of Meurthe et Moselle, why the failure intervened of 40 years of functioning
Mboumba, Claude Mpessa Bewekedi. "Les impositions de toutes natures : contribution à l'étude de la théorie de l'impression." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/out/theses/2009_out_mboumba_c.pdf.
Full textThe concept of " impositions of all natures " holds a main place in the current theory of tax in France. As planned in the article 34 of the constitution from October the 4th 1958 which stipulates that the “law (. . . ) determines the rules related to a basis at the rate and the method of recovery of the impositions of all natures. It leads, probably in favour of the increase role in the constitutional counsel tax matter, to supplant the concept of tax become, with many regards less useful. However, the criteria which can allow the identification of it, the construction of a related typology as well as the determination of a legal system cannot be easy to understand. Nevertheless, one can find in the law, jurisprudence and in the doctrines of the authors, the elements necessary to the achievement of a similar work. As for the identification, the essential criterion ensues from the provisions of the article 34 in constitution. On the base of those, which indicates the imposition of all natures it's the ability of the legislator in the fixing of the rules related to a basis, rates and recovery of impositions of all natures. Beside of this dominating criterion, since drawn from the provisions of the article 34 of the constitution, the jurisprudence has released a beam of indices making it possible to identify an imposition of all natures. In general, the method enabling to succeed to this result is that of the excluded third or the eliminatory analysis which allows to identify an imposition of all natures per elimination of the qualification of royalty to returned services or contributions of social security, for example. A deduction in advance is an imposition of all natures because it's neither a royalty, nor a contribution of social security. Characterized by the diversity and the plurality, the construction of a typology of impositions of all natures answers not only to an educational concern but equally to a functional use i. E. With the need, among others, to categorize the impositions of all natures according to their legal statuses. In this respect, it is advisable to distinguish synthetic typologies which go to the detail of the legal status of impositions of all natures to display their particularisms. If, for the first the composition summarizes itself to three great sets, i. E. The taxes, the tax taxes and the impositions sui generis and their subdivisions, the second unit carries the mark of multiplicity: one can count there peels mixes, typologies which take account of rules of the basis, rates and liquidation, for example. The most representative typology of this second unit, and undoubtedly most used by the doctrines, which is that distinguishes the direct impositions to the indirect impositions. This typology enables, in particular to explain and justify the clause of devolution of jurisdictional tax matter abilities. Finally; the impositions of all natures do not have the advantage of a unified legal status. The rule on the matter is that of the singularity and each imposition is, in a general way, governed by a legal status which is suitable for him. It has been necessary however, to note the emergence for a few years of legal rules of general application. It is thus for example rules which govern the abuse right, the arbitrary assessment, the legal mortgage, the rule of contradictory
Pinaud, Pierre-François. "Histoire des finances publiques au 19e siècle : le Ministère des Finances : 1789-1870 : techniques financières et prosopographie des gestionnaires." Paris, EHESS, 1995. http://www.theses.fr/1995EHES0005.
Full textBehind a big evolution complexity from 1789 to 1870, the public finance were always updated during eighty years. This reform went throw the new ministry of finance, the treasury, the "inspection generale des finances", the court of accounts and "receveurs generaux" creating. In all department new service were created to collect taxes. From 1789 to 1870, a new tax system was created. Public finance idea was borned during this period. The administrators biographies showed the continuation of the "ancien regime" dynasty and especially among directors, state accountants. The "financial revolution" was finished only on 1830 when a new state of the public finance was created. Thepublic finance during the first half of xix century existed only to play the transition between the "old" public finance came from xviii century and the xx century modernism. The public finance search a new identity between rupture and continuation
Buchheit, Nicolas. "Horizon universel, horizon régional : Réseaux et territoires des commanderies hospitalières de Basse-Alsace au XIIIe et au XIVe siècle." Strasbourg, 2010. https://publication-theses.unistra.fr/public/theses_doctorat/2010/BUCHHEIT_Nicolas_2010.pdf.
Full textThe commanderies were the basic institutions of the order of the Hospital of Saint-John of Jerusalem. They provided money and recruted men for the charitable and military missions of the order in the East. Their appearance in Lower-Alsace was relatively late and their territorial expansion during the 13th and 14th centuries was distinct other regions. As interfaces, their geography show the participation of a military order, which action was universal, in a regional construction. The foundations of the commanderies of Dorlisheim, Rhinau and Sélestat in the 13th century were commanded by territorial policies. They were at first supported by a high aristocracy, then by the low nobility. This conducted to a development limited to Lower-Alsace in the 14th century. The influences of some families' strategies of domination were important. In this context, the order's autority was put to the test. During the same time, the commanderies were incorporated in Strasbourg. The foundation of a commandery in the city in 1370-1371 was a decisive step. It had one's origins in the mystical yearning of the burger Rulman Merswin and in the project of reform of the order in Germany. Finally, the reorganization of the Hospitallers' establishments in Lower-Alsace, which were progressively focused on the commandery of Strasbourg at the end of the 14th century, contributed to the definition of the territory of Strasbourg in the Rhine valley
Chanut, Véronique. "L'état employeur et l'état didactique : politique de gestion et formation au management public des cadres supérieurs du ministère de l'équipement." Paris 1, 2001. http://www.theses.fr/2001PA010063.
Full textBénard, Florence. "L'huissier de justice aux XIXème et XXème siècles : fonctionnaire public ?" Montpellier 1, 1998. http://www.theses.fr/1998MON10027.
Full textCélard, Alain. "Le partage du pouvoir réglementaire de l'État : (contribution à l'étude du système normatif du droit public français)." Lille 2, 1995. http://www.theses.fr/1995LIL20010.
Full textAlthough the doctrine of public law has long been highly concerned with the power to implement regulations, the question of the distribution of the power to implement regulations has nevertheless not it would seem received the full attention it deserves. On the other hand the urgency of this question and perhaps its significance were perceived as relatively unimportant before it became apparent that there was a progressive penetration of the rules of constitutional law into those of administrative law. But from the time that constitutional law has been seen to be imposing certain options, notably in the field of jurisprudential action, the question of the distribution of the state's power to implement regulations must be considered both by accounting for the points of view of the authorities concerned by this distribution of power, and the principles which dictate the mode of distribution
Oger, Benoit. "Histoire de la Caisse nationale d'épargne : une institution au service du public et de l'État, 1881-1914 /." Paris : l'Harmattan : Comité pour l'histoire de La Poste, 2006. http://catalogue.bnf.fr/ark:/12148/cb40137585j.
Full textClapié, Michel. "De la consécration des principes politiques, économiques et sociaux particuliérement nécessaires à notre temps : étude de droit public." Montpellier 1, 1992. http://www.theses.fr/1992MON10038.
Full textThe "principes politiques, economiques et sociaux particulierement necessaires a notre temps" (political, economic and social principles particularly, necessary to our time) were proclaimed and laid down in preamble to the french constitution of 27. 10. 1946 which today part of the preamble of the constitution of the vth republic. These principles were established very late as real juridical and constitutional principles, and even then the conditions of their restablishment were questionable. Their establishment comes up against resistance which give substance to the very disputable argument of a relative rule in the french constitutional law. This establishment is still ambivalent insofar as the conseil constitutionnel and the conseil d'etat have not always the same way of understanding the principles. The search of a unity in the interpretation comes up against difficulties which lead to think about the autority of the interpretation given by the conseil constitutionnel in its decisions
Berrivin, Renaud. "Les contrats centre-périphérie comme levier de modernisation du management public : analyse comparée des stratégies de changement et du pilotage de deux grands réseaux de services publics, Ministère de l'équipement, EDF GDF Services." Paris, Institut d'études politiques, 1995. http://www.theses.fr/1995IEPP0015.
Full textThis thesis in sociology deals with the implementation of managerial contracts between center and periphery of public organizations. These contracts should improve the quality of the internal relationship between center and periphery and stimulate on the one hand the engagement of actors and on the other the efficency of these organizations. This thesis is based on the empirical analysis of two comparable processes of managerial change which promote the contractual philosophy or model, and the evaluation of their impact : the policy of modernization of the ministry of equipement and the reform of EDF GDF services (distribution of electricity and gas). With the comparison of these two programs, two models of center-periphery regulation emerge. This thesis demonstrates that the impact of center-periphery contracts is contingent. There is no automatic positive consequence and contracts can be in certain cases counterproductive. Nevertheless, this study emphasizes that these kinds of contracts can be, under certain conditions, an efficient tool to reform French public management. But, this change depends on the capacity of the center, as a real leader, to drive strategically a program of change which is extremely complex. It also means an important investment in knowledge and. .
Lacroix, Annick. "Une histoire sociale et spatiale de l'Etat dans l'Algérie colonisée : l'administration des Postes, Télégraphes, Téléphones du milieu du XIXème siècle à la Seconde Guerre mondiale." Thesis, Cachan, Ecole normale supérieure, 2014. http://www.theses.fr/2014DENS0051.
Full textThrough a case study of the French Postal and Telecommunication administration (PTT), this dissertation undertakes a historical study of the colonial state focused on the Algerian territory and on social issues. Between the 1850s and the Second World War, the network of communications expanded continuously. The way this network was shaped provides insight into how France took control of the colonized territory and then used communication facilities as a tool of colonial settlement to the profit of the European population. While the PTT administration was mostly organized on the same model as in France, local decision-makers sometimes had to take into account specific features of the colonial context. The Postal and Telecommunication administration offers a complex picture of colonial society. Men and women, citizens and natives, and people from different social backgrounds were employed as mailmen, telephone operators, middle managers or postmasters. The users of these services were extremely varied, too. This dissertation offers a detailed analysis of interactions at work and within the colonial context. Gradually, letters, telegrams, money orders, and even voice circulated throughout Algeria. Although pre-colonial networks had already carried information and although the PTT waited until the interwar period to bring facilities to villages (douars), more and more Algerians gained access to literacy, money exchanges and a new kind of technical modernity
Aubert, Laura. "La troisième voie : la justice pénale face à ses dilemmes." Doctoral thesis, Université Victor Segalen Bordeaux 2, Bordeaux, 2007. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/224214.
Full textDechepy-Tellier, Johan. "Les mutations de la chambre de l'instruction." Rennes 1, 2010. http://www.theses.fr/2010REN1G020.
Full textThe French pre-trial system is set to be submitted to profound changes that the current news related to the draft project of criminal procedure, has once again revived. Its edifice is progressively cracking under the pressure of international instruments protecting fundamentals rights. The preliminary investigations, procedural framework constantly shaped by the necessities related to fair trial, must therefore, in the longer term, giving way to an overall structure in which the values if defends will be widely disseminated. Fully part of those values, the Court of second instance must see its existence and its operating procedures rethought so that the major axes of ideological and technical change of our penal institutions are defined. The attention that the work has paid to the evolution and the powers of the Court of criminal appeal, has allowed to identify remedies for numerous and constant dysfunctions of our procedure
Berthet, Jean-Marc. "La Place du pont à Lyon : archéologie d'un espace public et histoire sociale." Perpignan, 1997. http://www.theses.fr/1997PERP0274.
Full textKaftani, Catherine. "La Formation de la Fonction publique en France : une contribution à la théorie générale de la Fonction publique." Paris 1, 1996. http://www.theses.fr/1996PA010324.
Full textThe objet of this thesis is to follow the evolution of the administrative model through the formation of the key-concepts "civil servant" and "civil service". After a quick survey of the administrative institutions of the ancien regime (preliminary chapter), we propose to look at the way the practice of public services has been dominated by the concept dating from classical times which requires that all citizens should be prepared to devote themselves to the common will. Thus, during the enlightenment, it was proposed to revive the greco-roman "magistrature", and the functionary of the revolution was appointed primarily in consideration of his civic virtue; the public official of the nineteenth century tended to be involved in the exercise of executive power (first part). After that we see a transition from a plurality of public activities to one single institution : the civil service. The notion of civil service will therefore be used to designate the legal system which specifies the relations between civil servants and the state. This period occured at the time when state power was at its peak, from the late 19th to the early 20th century, when the state, sole guardian of public interest, had to struggle to change man and society (second part). The concept of civil service has entered a new era who has been signaled on the one hand by the metonymic change of the meaning of the word "civil service" - now defined as civil servants -; and on the other, by its division into state civil service, regional civil service and public health care. At the same time, in the last general statue, as well as in previous statues, the word "functionnary" becomes a monosemic term derived directly from the definition devised by the legislator. Could this evolution not contain within itself the seeds of dissolution regarding the future of the unitary civil service model (third part)?
Soulié, Jean-Louis. "Le traitement de la prostitution en France : inadéquation d'un système." Grenoble 2, 1999. http://www.theses.fr/1999GRE21030.
Full textBeaurain, Christophe. "Action privée, action publique : le libéralisme à l'épreuve de l'intérêt public : la législation dans le secteur des télécommunications en France et aux Etats-Unis entre 1840 et 1930." Paris 13, 1993. http://www.theses.fr/1993PA131028.
Full textThis thesis aims at showing how, in the setting up of a telecommunications legislation between 1840 and 1930, liberal co ncerns to insert services in the market economy adapted to the protection of the public interest. Then it is proved that in the setting of a affirmation of individual liberty, the action supporting the widest access to the services offered was continuously refered to the impulse given by the society as a whole to set up a public regulation respecting nationa l modalities of the affirmation of individual rights. A comparative approach conducted on the basis of arguments put forward by some economists on the subject of public regulation of the means of communication enables us to measure the differences which exist in the national modalities of such an arrangement. The positions of a. T. Hadley and r. T. Ely in united states, those of the "french liberal school" and those of l. Walras and c. Colson in france, are successively analysed. This analysis also reveals us that the decisive contribution to the setting up of a long-lasting regulation lies in the ability of each models of public action to use elements of a foreign model
Karavokyris, Georgios. "L'autonomie de la personne en droit public français." Paris 2, 2008. http://www.theses.fr/2008PA020008.
Full textGuglielmi, Gilles J. "La notion d'administration publique dans la théorie juridique française : De la Révolution à l'arrêt Cadot (1789-1889)." Paris 1, 1990. http://www.theses.fr/1990PA010271.
Full textCardoni, Fabien. "La garde républicaine, d'une République à l'autre 1848-1971 : un régiment de gendarmes à Paris." Paris 4, 2005. http://www.theses.fr/2005PA040250.
Full textThis work presents at first the conditions of the demobilization of the municipal guard just after February 1848 and of the beginning of the Republican Guard during the early weeks of the Republic. It follows this last guard between the barricades of June 1848, then details the purges than affect it, from 1849 to 1850, and, at last, its attitude at the time of the 1851 coup. During its first years, the Republican Guard, composed at the start of citizens-soldiers, moves slightly into a praetorian guard, which the republicanism appears secondary nay undesirable. Next, Second Empire offers the means to examine its daily missions, the place of this atypical unity within gendarmerie and army, its links with municipality and its tutelary authorities, and then the guards, these soldiers not like the others. If this regiment of gendarmes, at the service of Parisians, is still financed by the city, is also a government weapon in Paris. In first line or laid by reserve in case of riots, the guard is a major actor of the public order. Parallel to the increase of the uniformed policed starting in 1854, the guard takes part of the elaboration of a new kind of street control. The long-term study of the guard role in Paris and specially of its action during the troubles of the two last years of the Empire, helps to understand the emergence of keeping, in the modern sense of the term. From September 4th 1870, the guard becomes spectator of Paris history and it fades into the mass of the capital defenders. Its return to the front scene, the 18th of March 1871, is a fiasco which turns into a drama and which opens a new chapter of its history