Dissertations / Theses on the topic 'Prérogative de puissance publique'
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Pecheul-David, Tania-Marie. "La prérogative de puissance publique." Paris 2, 2000. http://www.theses.fr/2000PA020017.
Full textNgome, Ayong Paul. "La prérogative de puissance publique dans la jurisprudence du Conseil d'Etat." Paris 2, 1998. http://www.theses.fr/1998PA020062.
Full textJouffroy, Bruno. "Les prérogatives de puissance publique." Thesis, La Rochelle, 2012. http://www.theses.fr/2012LAROD030.
Full textAt a time when administrative law has become « common place », it is with a renewed interest that one should to ponder about the specificity of this law, its outrageousness. The prerogatives of the public authorities are at the heart of this issue. Our study will show that the prerogatives of the public authorities are within the scope of the functional notions. However, despite our research, we cannot firmly assert that the prerogatives of the public authorities are a conceptual notion. No general criteria can define these prerogatives as they are diffused and contingent. They do not have an abstractly determined content once for all. Their content changes with the evolution of administrative law. We can, however, try to give a definition as a basis, that is to say a definition which would gather a majority of prerogatives, without including them all. The prerogatives of the public authorities would then be defined, for most of them – concept of hard core – and not in their totality, as outrageous means of action or of protection of the ordinary law, resulting from the public authorities, held by a person in charge of administrative action so as to satisfy the general interest. Yet, this definition as a basis contains some inaccuracies. That is why the prerogatives then are not a conceptual notion in their totality
Dagbedji, Obougnon Gbénou Charlemagne. "Arbitrage OHADA et prérogatives de puissance publique nationales." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3044.
Full textParagraph 1 of Article 2 of the AAU enshrines the capacity of legal persons governed by public law to compromise. As such, they may be parties to arbitration on the same basis as private persons. Paragraph 2 of the same article thus excludes recourse to domestic law to challenge the validity of the arbitration agreement or the capacity to compromise. On the basis of a teleological analysis of this paragraph, it appears that the OHBLA legislator excludes from the arbitration involving public entities the exercise of State prerogatives. Two arguments support this interpretation. On the one hand, the objectives of legal and judicial security are incompatible with any derogation from the requirements of arbitration. On the other hand, the prerogatives of national public authorities are defined by national laws. By prohibiting recourse to domestic law, the legislature implicitly prohibits the opposition of derogatory privileges to the common law of arbitration.But it appears that public persons continue to exercise de jure or de facto certain prerogatives derogating from common arbitration. This suggests that the legislature has failed to reconcile arbitration with the exorbitant prerogatives of the public parties. The question then arises of the conciliation of arbitration with the status of parties to exorbitants under common law.It follows from the analysis that the legislature has ensured access to arbitration to public entities. But his indifference to the privileges they enjoyed made the system of public participation in arbitration an unfinished business. This regime is manifestly characterized by various contradictions. These are generated by the inadequate legal framework of subjective arbitrability of public persons. Thus, the effects of these contradictions make it possible to measure the extent of the inadequacy of privileges to the standards of arbitration. But it is possible to reconcile the requirements of arbitration with the specifics of public parts. The balance between the two institutions will have to be realized by a framed reduction of the exorbitant privileges of the public parts. To this end, the basis of arbitration must be revised: moving from the autonomy of the will to the values of a fair trial. Consequently, the privatization of these prerogatives can be envisaged by different contractual mechanisms
Antoine, Aurélien. "Prérogatives de puissance publique et droit de la concurrence." Grenoble 2, 2007. http://www.theses.fr/2007GRE21041.
Full textAs the powers of public authorities are subject to a public legal regime, they seem to be incompatible with the competition law, supposed to govern relationships between private people. The confrontation of the competition law and powers of public authorities thus leads to questioning their traditional conception. The inequality between public administration and citizens it entails to be reduced. Administrative decisions are closer to economic actors because they take the market into account in a better way. The impact of the competition law imposes a thorough examination of the exorbitant means of public authorities. It enriches legal rules applied to powers of public authorities, and makes the content of older norms clearer. The economic analysis imposed by rules of competition is also likely to modify the judge's control in a process in favour of an increased protection of citizen's rights
Raclet, Arnaud. "L'encadrement des prérogatives de puissance publique nationales par le droit communautaire des affaires." Paris 2, 2000. http://www.theses.fr/2000PA020053.
Full textLaval, Mader Nathalie. "La compétence du juge judiciaire en matière administrative par détermination de la loi." Toulouse 1, 1994. http://www.theses.fr/1994TOU10024.
Full textFor the past two centuries French legislators have transferred to the court judge a number of administrative disputes. The problem is to decide whether these transfers are simple exceptions to the traditional repartition of competence or if they herald an evolution tending to widen the competence of the court judge. This study's aim is to answer two questions : 1) in administrative matters what is the extent of the court judge's competence. 2) What are the repercussions of this evolution. In a juridical, ideological, political context which is evolving the acceleration of statutory changes raises the following questions : 1) will it not weaken the traditional french jurisdictional duality. 2) will it not endanger the legality of rulings in administrative matters and thus remove administrative cases from the administrative courts. This devolution of competence is nevertheless counterbalanced by the specific and irreducible competence of the administrative judge in French law when the prerogatives of public power are fully exercised
Ajjoub, Muhannad. "La notion de liberté contractuelle en droit administratif français." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020016.
Full textConcluding on the subject of freedom of contract in French administrative law is not easy. It depends essentially on how to raise the issue. So if the question is whether public persons have, as individuals, contractual freedom, the answer, in the best case is that this is a special character to freedom. Indeed, in practice, this freedom is very limited, its manifestations are marginal, which prevents us from truly speaking of a "happy freedom." But if the question is whether the French administrative law, from its peculiarities, its originality and its normative rules can recognize such freedom in favor of public entities, then the answer is negative. The public interest, the prerogatives of public power, competence, sovereignty, efficiency of public procurement, proper use of public money and the fundamental principles of public procurement, etc., are fundamental obstacles not only to the recognition of freedom of contract to public persons but also to the effective exercise by them. Some authors have concluded on the contractual freedom of public persons that "in theory it exists but in practice, nobody really ever met it"
Shouaib, Magdi. "La résistance à l’oppression de la puissance publique." Clermont-Ferrand 1, 1998. http://www.theses.fr/1998CLF10188.
Full textThe extension to democratic ideas encouraged the states to gain different ways that check and guarantee the conformity of decisions taken by those in power in accordance with the law. This seems to be a priori a sufficient protection for citizens against a possible oppression of the state. Nevertheless, it is easy to notice that for many reasons, those in power car abuse of their constitutional attributions to impose subjection on citizens against the idea of the law, represented by the power of the state. They are in this way above the rules of the law. They are free from their obligation: instead of being the agents of the power ahead them, they pass their own prerogatives. This situation leads us to male up our mind about the attitude of the citizen towards the oppression of the state which is against his freedom. Should he follow an absolute obedience because of those in power’s will or should he resist instead of that? For this purpose, this thesis is set up of tow parts. The first one called + perspective of the resistance to oppression: underlines the existence of a resistance to oppression among religious and philosophical teachings as well as within democracy itself. One’s the existence of this law was noticed, it was to demonstrate how it can be applied. This is the subject of the second part called + the bringing into play of the resistance to oppression; within this context, we take into account the ways of the law and also the acts by which resistance can be applied
Denizeau, Charlotte. "L'idée de puissance publique à l'épreuve de l'Union Européenne /." Paris : LGDJ, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/492047154.pdf.
Full textDenizeau, Charlotte. "L'idée de puissance publique à l'épreuve de l'Union européenne." Paris 2, 2003. http://www.theses.fr/2003PA020042.
Full textTugas, Antoine. "Risque technologique et responsabilité de la puissance publique : Antoine Tugas." Toulouse 1, 2004. http://www.theses.fr/2004TOU10052.
Full textCollective security is likely to be endangered by a certain number of risks, of which most typical of the post-modern techno-scientist societies is the technological risk. Seized by the Law, the "major technological risk" (P. Lagadec), was focused around two major axes which are the prevention policy and its necessary corollary, the legal responsability. Prevention, therefore, upstream of the risk, by the means of a multitude of special rules, intern or international, interesting the law of the "installations classes"so much classified that right of town planning or right of environment, emanating from very diversified authorities, which aims evaluating and at framing them risks. Legal liability, also, when occurs a catastrophic event, specific or serial, which aims to the compensation for the damages, oscillating then between compensation and guarantee with the liking of multiple occurences, to which apply disparate benefit arangements. It is on such bases that we will propose a work which wants to be at the same time synthetic and prospective. Thus, we will initially propose to count the ways of right offered by such a dispute (implemented of the responsability, by the victims, of authors of the damage, in front of the two orders of juridiction-mode permits, general and special policies, regulations of town planning) in order to point its disparities and its insufficiencies. Then we will attach to propose alternatives to the current modes, made up by the precautionary principle, registering us by in the current debate of the place of the technological risk in the contemporary society. Discusses which can succeed only if we integrate into the various risk prevention policies a coherent system and a total answer to the question of liability for the technological catastrophes
Leonetti, Xavier. "Etat, entreprises, intelligence économique, quel rôle pour la puissance publique ?" Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32029.
Full textToday as before companies place themselves at the heart of information, at the very centre-point where all the vectors and objectives of information come together. The heir of information, competitive stratégy is different as it replaces political power by economic power. Indeed it is half way between the private interests of the managing director and the general interests supported by the state. The state, companies, economic strategy all have one common objective: the prosperity of a country and its inhabitants. In France, the government became belatedly involved in a process of defining strategic objectives and the mutualisation of services. Despite a tradition of technical excellence as well as intuitive imagination, France has a certain number of preoccupyiny weak points (cultural, legal…). Consequently the implantation of a policy of economic strategy should enable the State to progress from being a “modest State” to a “modern State” by reinforeing the legitimacy of its overall public action. Therefore the concepts of “a strategic State” and a “Partner State” constitute one of the solutions to the dead-end of social liberalism and to the difficulties of the government to renew with full employment. With legal vigilance and protection of the patrimony the State should accompany business in their local, national and international development
Kullmann, Jérôme. "L'Influence de la puissance publique sur le contrat de droit privé." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37598810h.
Full textKullmann, Jérôme. "L'influence de la puissance publique sur le contrat de droit privé." Paris 1, 1987. http://www.theses.fr/1987PA010303.
Full textFallon, Damien. "L'abstention de la puissance publique et la garantie des droits fondamentaux." Toulouse 1, 2012. http://www.theses.fr/2012TOU10066.
Full textPublic authorities’ abstention is strongly linked with fundamental rights. Indeed, historically speaking, the fundamental rights’ primary function is to bind public authorities with abstention obligations. This initial function has then been completed by a positive dimension. Consequently, public authorities have today to prevent themselves from infringing fundamental rights, but also to prevent themselves from not guaranteeing them. The purpose of this research work is to build a specific concept of abstention, able to describe and analyze the various passive behaviours of public authorities. In this meaning, abstention will be defined as a real way of action available to public authorities. Abstention this has to be distinguished from non-action, which designates a lack of action. Considering abstention as an action allows beefing-up of judicial control on the public authorities’ different passive behaviours. The connections between abstention of fundamental rights’ guarantee are therefore reciprocal. Fundamental rights developed under the impulse of abstention obligations. Public authorities’ abstention control has been reinforced under the impulse of fundamental rights
Quintero, Gustavo. "Libertes publiques et responsabilite de la puissance publique en droit colombien." Nantes, 1997. http://www.theses.fr/1997NANT4009.
Full textSalcedo, Castro Myriam. "L’arbitrage dans les contrats publics colombiens." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020028/document.
Full textEven though Colombian and French administrative law are grounded on the same principles, Colombian administrative law did not adopt the stance that public legal bodies are prevented from agreeing arbitration clauses and submitting their disputes to arbitration. Colombian case law has recognized arbitration clauses in relation to disputes arising out of public contracts, even when there is no specific legal authorization to do so. The principle of the rule of law, the continuity of the provision of public services, the public interest and the existence of a specialized administrative jurisdiction, are the foundations of public contract law. Nevertheless, public contract law is implemented under the aegis of contract law and it shares essential aspects of arbitration law: the autonomy of the parties free will and freedom of contract. Since 1993, Colombian law has not imposed any limit on the arbitration of disputes arising out of public contracts, even if former laws did so. Could this legal progress be construed as granting similar jurisdiction to arbitrators and administrative judges? Is general arbitration law suitable for the needs of the settlement of disputes arising out of public contracts? What is the scope of this change for the international arbitration of disputes arising out of public contracts? Despite the apparent contradictions, the essential tenets of public contracts, do not conflict with the key components of arbitration. The jurisdiction of arbitrators is confined to “contentieux subjectifs”. Colombian case law has developed since 1964 and has been consolidated over time, allowing us to evaluate to what extent the arbitration of disputes arising out of public contracts is an effective and efficient tool for public administration
Ducros, François-Régis. "Puissance publique et édifices du culte de la période moderne à 1905." Thesis, Paris 11, 2011. http://www.theses.fr/2011PA111021.
Full textThe relations between public power and places of worship – and notably themultiplicity of their using – can be understood by the study of canonical norms reception’sand the transformation of their meaning in secular law.According to the teaching of the canon law, the place of worship is a place liturgicallydedicated to worship, holder of a particular theological and juridical nature. Borrowingfrom the antic roman law language, the canonical doctrine call him res sacræ.In the 16th. century, the apparition of worship issued of the protestant reform and themodern interpretation of texts from the Corpus iuris civilis lead the secular doctrine and thepublic power to rethink legally the canonical status of the sanctuaries. From a sacred place,the place of worship become progressively a place assigned to the worship and finally just abuilding legally affected to the worship.Beyond the simple lexical sliding, we are present, from the french ancient law until theseparation of Churches and State, at a juridical grasp’s change of the place of worship.This place, entrusted to the public power’s care, is at last putted at the worship disposal bypower
Simon, Gérald. "Puissance sportive fédérale et ordre juridique étatique : contribution à l'étude des relations entre la puissance publique et les institutions privées." Dijon, 1989. http://www.theses.fr/1989DIJOD008.
Full textSaadia, Tarek. "L'indemnisation en matière de responsabilité de la puissance publique devant le juge administratif." Lyon 3, 1993. http://www.theses.fr/1993LYO33004.
Full textTravard, Jérôme. "La victime et la puissance publique : réflexions sur l'évolution de la responsabilité administrative extracontractuelle." Lyon 3, 2008. https://scd-resnum.univ-lyon3.fr/in/theses/2008_in_travard_j.pdf.
Full textThe increasing level of interest of our Society for victims lead us to consider whether this phenomenon has any impact on administrative liability law. The long-term historical movement is an ever improving indemnification of the victims - through either the administrative liability rules - damages directly caused by the public authorities - or the "social" guarantee (damages not caused by the administration but assumed by it for reasons of solidarity). This development is evidenced by a reduction of the fields in which no compensation is possible and by the extension of the concept of damage entitled to compensation. The origin of this phenomenon is to be sought in the contemporaneous need of security, of a protection of the human person and the development of the rule of law. Thus administrative liability has been deeply renewed. On the one hand, the compensatory role has taken the step over the punitive role, which has become residual: law is now more concerned about protecting claimants rather than acting as a moralizer. Actually, the punitive role has moved towards criminal liability: citizens do no longer tolerate an immunity of the administration towards its faults and refer to the criminal Courts. On the other hand, administrative liability law has growing similarities with civil liability: this "victimization" leads the civil and administrative supreme Courts ("Cour de Cassation" and "Conseil d'Etat") to adopt identical point of views. Carried out by the same objectives, the two liabilities also face the same problems : they require reforms to better apprehend mass damages or environmental damages
Guyot, Marc. "Ordre concurrentiel et puissance économique : l'exemple des Etats-Unis." Paris, Institut d'études politiques, 1994. http://www.theses.fr/1994IEPP0040.
Full textJoannès, Jean-Marc. "Le préjudice immatériel dans le contentieux de la responsabilité extra-contractuelle de la puissance publique." Paris 2, 1998. http://www.theses.fr/1998PA020021.
Full textOpposed for a long time to indemnify damages of which we are not certain enough, the french administrative judge now compensates immaterial damage, according to the principle of the full compensation of damage. This advance is all the more remarkable as immaterial damage, assessed in terms of lost wages, lost opportunities or the violation of individual rights, is another facteur of uncertainty. Immaterial damage, more than the tangible damage, is the lost of opportunity because of administration incompetence. Secondly, the circumstances an situation of the victimmust especially be taken in consideration. Although immaterial damage covers a wide range of cases, there are three main categories. It can be financial consequences of an initial material, physical or psychological injury. It can be financial consequences of an illegal act or lack of action. Thirdly, it can be the result of a serious violation of individual rights. The assessment of immaterial damage follows a finalist reasoning which denotes the will or the imperious necessity to only consider the tangible aspects of each case. Three elements are considered when assessing the case. Fairness and the desire to punishthe administration are two of them. The third one is the curbing of the amont of the damages inthat the state is not supposed to be a safety netfor financial failures. Financial compensation for immaterial damages contributes to the raising of the moral standards of public administration acts and reflects the ability of the judge to adapt to social changes
Hacker, Violaine. "L' Institutionnalisation de l'union européenne : temps, durée et équilibre dans l'exercice de la puissance publique." Paris 3, 2006. http://www.theses.fr/2006PA030148.
Full textThe analysis of the institutionalization of the European Union is based on a dynamic approach of the exercise of the public power. Distinguished from the concept of sovereignty, based on an Idea, it constitutes the instrument of a constitutional policy. Institutional moment as a transcription of the political institution in the name of which the capacity orders, is opposed to the constitutional moment, acceptance of the capacity. Time, obstacle to be surmounted, becomes a call with duty-to be generating obligations. Institution based on the interest, the capacity and the function, translated, through the unfolding of the public power, the European needs. Checks and Balances of powers, considered in their relationships to the stability and the correct operation of the European government, are studied via main principles of the Community legislation and within the framework of the federalism
Jacquemet-Gauché, Anne. "La responsabilité de la puissance publique en France et en Allemagne : étude de droit comparé." Grenoble, 2010. http://www.theses.fr/2010GREND008.
Full textDespite its unique foundations, the liability of public authorities in German law - hasn't aroused the interest of French scholars so far. Yet. The study of German law from a comparative standpoint reveals a number of peculiarities in French public liability law, which leads us to appreciate the similarities and differences of the domain in the two states. The study of the elaboration of tort law shows a partial convergence : in both states, case law (the decisions from the higher courts) is the main and fastest growing source of law. Public liability is being enforced more and more, following administrative, legislative and judicial activities. Some differences remain however, in particular regarding the function of liability: in France, liability aims to compensate for loss or injury ; in Germany, it aims to protect rights. This main difference allows us to build a specific conceptualization of each liability regime, reflecting the specific connections established between the state and the citizens subject to each legal system
Houfflain, Rochefort Magali. "Les interventions du législateur en matière de responsabilité de la puissance publique dans le domaine de la santé." Paris 2, 1999. http://www.theses.fr/1999PA020068.
Full textDziembowski, Edmond. "Les Français face à la puissance anglaise, 1750-1770." Paris 4, 1993. http://www.theses.fr/1993PA040352.
Full textBetween 1750 and 1770, a decisive evolution of mentality and public opinion takes place in France. The seizure of French ships by the navy, in June 1755, causes a strong wave of Anglophobia. At the outbreak of the seven years' war, propaganda, poems, songs and plays are the main vectors of Anglophobia. After 1759-1760, a lot of French people, whose aversion to England remains very strong, refuse to admit the British supremacy. The explanations of English power put a special emphasis on the moral strength and on the patriotism of the enemy. The English patriotism becomes gradually a model. In the beginning of the seven years’ war, the frequency of patriotic terms increases in the literature. The French defeats cause a wave of patriotism. This patriotic fervor, contrary to the absolutist tradition, is not controlled by the government. In 1760, however, the authority tries to regain power over the public opinion. The duke of Choiseul develops a patriotic propaganda. This experience cannot succeed in controlling the opinion. The French patriot is no longer a "subject". He has become a "citizen"
Ramirez, Arenas Oduber Alexis. "Expropriation et autres atteintes à la propriété immobilière du fait de la puissance publique en droit colombien." Nantes, 2010. http://www.theses.fr/2010NANT4009.
Full textAlthough most states now recognize the right about property as a sacred, unbreakable right, Colombia is reluctant to accept it as a whole. The enormous power the Colombian state exercises over citizens forces owners to be submissive whenever there is any social or general interest at stake. As far as expropriation is concerned, a classical operation of dispossession of owners’ property due to general interest over a particular one, guarantees for the expropriated are far from being enough for them to find back the same conditions they enjoyed before dispossession. The state is even stricter with the extinction of the right of property. Indeed if landlords do not play a social or ecological role linked to their property or if the property they own is used to break the law, landlords deserve a condemnation consisting in depriving them of their property without any damages. Those invasions against the right of property reveal that that right remains unprotected by the state and that lack of guarantees goes against the new requirements from the Inter-American Court of Human Rights
Si bien el derecho de propiedad es reconocido por varios Estados como un derecho inviolable y sagrado, Colombia manifiesta algunas reticencias en este aspecto. El poder exorbitante ejercido por el Estado frente al administrado cuando existen motivos de utilidad pública o de interés social ubica al propietario en un estado de indefensión casi absoluta. En tratándose de la expropiación, operación clásica en la cual la Administración despoja al propietario de su bien con el fin de garantizar la prevalencia del interés general sobre el particular, el expropiado no cuenta, en general, con las garantías necesarias que le permitan gozar de las mismas condiciones que éste poseía con anterioridad al despojo de su bien. Con respecto a la extinción del derecho de propiedad, el Estado es aún más severo: si el propietario no cumple con la función social y ecológica inherente a la propiedad o si el bien es adquirido o tiene un destino en relación con una conducta ilegal, el propietario será sancionado de tal forma que se le privará de su bien sin que éste tenga siquiera la posibilidad de recibir algún tipo de indemnización. Este tipo de vulneraciones al derecho de propiedad refleja la falta de protección de este derecho por parte del Estado, contraviniendo de tal forma las nuevas exigencias establecidas por la Corte Interamericana de Derechos Humanos
Lahouazi, Mehdi. "Le développement des modes alternatifs de réglement des différends dans les contrats administratifs." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3056.
Full textThe development of alternative dispute resolution in administrative contracts is a necessity. Indeed, the congestion of the administrative courts, combined with the need for a more consensual and calm settlement of disputes, pleads in favour of the emergence of an alternative justice. Nevertheless, the public order governing the activities of public bodies, and protected by imperative norms, requires that the development of alternative methods be regulated. As such, the study of positive law shows that this phenomenon is not unknown in the settlement of disputes concerning administrative contracts. For instance, the parties to a dispute can already freely resort to amicable methods (mediation, conciliation or settlement agreement), and some exceptions to the principle prohibiting public bodies from resorting to arbitration are provided for. However, the voids and shortcomings of the current system of alternative dispute resolution in administrative contracts (lack of proper status of the mediator, paucity of framework for inter partes conciliation, complexity of the concept of reciprocal concessions or, difficulty for the administrative judge to assert its competence in international arbitration...) make its understanding and implementation more complex and more prone to increasing public order violations. It is therefore necessary to propose a sustainable regime of alternative methods to ensure, on the one hand, the protection of peremptory norms of public law and, on the other hand, the freedom of the parties in the choice and conduct of an alternative justice. For that purpose, the future regime will have to authorize arbitration in administrative contracts and endow it with procedural guarantees taking into account its specific nature but also certain characteristics inherent in public entities and administrative law. Furthermore, the mediation and conciliation procedures will have to be improved in order to provide the parties with a flexible framework conducive to the conclusion of balanced and secure settlement agreements. Finally, this regime must definitively establish the role of the administrative judge. To this end, that judge may be called upon to assist the parties in the implementation of alternative methods (creation of an administrative support judge in arbitration, combination of interim reliefs with amicable procedures...). The administrative judge must also be responsible for checking the compliance of the alternative solution to the public order. This attribution of jurisdiction, which is resonates all the more in international arbitration, is fundamental for the protection of the public interest. It is only under these conditions that the development of alternative dispute resolution mechanisms can take its place in administrative contracts
Lascombe, Michel. "Les ordres professionnels." Université Robert Schuman (Strasbourg) (1971-2008), 1987. http://www.theses.fr/1987STR30010.
Full textThis study is dealing with the particular organisation of nine professions, which are architects, barristers, surgeon dentists, midwives, landsurveyors, chartered accountants, physicians, chemists this historical study from the babylonian civilisation up to now is focusing on the french revolution and the IIIrd republic (1875-1940). The present structure originates from the vichy government ; it has a rule-making-power and a disciplinary power. Efficiency is based on the compulsary membership of each professional ; the democratic aspect is preserved by the election of the leaders. This institution is though an oddness in the french law, that leads to questioning about its general characteristics and about a possible reform of it
Martin, Camille. "Quand la puissance publique délègue l'égalité : ethnographie de la politique de développement du football féminin en France (2011 - 2017)." Thesis, Paris, EHESS, 2017. http://www.theses.fr/2017EHES0146.
Full textThis doctoral research has begun after I joined a workgroup of the French Football Association – the Fédération Française de Football (FFF) – in October 2012. This workgroup was focused on how to develop female football. The reason I joined the group was initially to get access to administrative data to study the career of the players. I got this access in exchange of doing some statistical work for the group. Thus, I worked during four years, with four employees of the FFF, in charge of the development of female football. Doing so, I got the chance to observe the negotiations about gender equality in football and debates about the best orientation to give to the policy of development.This work precisely deals with the construction and implementation of this new policy, created in 2011. This policy takes place in the institutional context of a partnership between the ministry of sports and the sports associations. Thus, the policy of football feminization will be seen as a delegated sectorial policy for gender equality. This mechanism of policy delegation exists in the domain of sport since the 50’s. In other words, the policy of sports is partially operated by the sports associations. The ministry of sports provides them with funds and human support (nearly 1,600 civil servants work for the sport associations). Thus, the public authority keeps a control over the policy of sport and delegates its implementation. This delegation scheme is not specific to sport and has been used in various fields since the 80’s. It is reflected in the growing number of employees in the non-profit associations sector; this sector having increasingly a role of intermediate in the public policies.Therefore, the purpose will be to illustrate the impacts of delegating the public policy related to gender equality to employees working under private law for the FFF. Consequently, their working conditions, the social relationships in which they are included will be objectively examined, to grasp how they embodied this policy and they reflect it. In that matter, it will be demonstrated that despite the great ambiguity of the employee’s status in an association – contractually hired in an organization structured around an ethic of selflessness –, the ones in charge of implementing the feminization within the FFF, build their activity around public service values which consequently impacts the content of their activities. Subsequently, I will consider how the gender inequality, in which the female employees developing the female football evolve, influences the orientations that they give to the policy of development of female football. I will demonstrate that the marginal position occupied by the female employees in the FFF reduces not only their range of actions but creates the risk of a transfer of gender inequality from the female employees to the female players. Indeed, this work proposes to reflect on the impact of delegating public policies to non-profit associations thanks to an observation study of the actual work of privately hired employees to whom the responsibility of public policy is delegated. Hence, it will interlink questionings in sociology related to gender, associative work and public policy
Valdivia, Olivares José Miguel. "Le droit de la responsabilité de la puissance publique au Chili à la lumière du droit français : Etude comparée." Paris 2, 2010. http://www.theses.fr/2010PA020090.
Full textGaley, Matthieu. "La protection de l’environnement en droit anglais. Propriété, puissance publique et développement soutenable dans un contexte de common law." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020097.
Full textNo summary
Colineau, Hélène. "L'Union européenne, puissance normative ? : la politique de coopération au développement en actes." Phd thesis, Université de Grenoble, 2013. http://tel.archives-ouvertes.fr/tel-00945189.
Full textBouzir, Riadh. "La protection et la défense des droits et libertés des administrés contre les abus de la puissance publique en droit marocain." Perpignan, 2003. http://www.theses.fr/2003PERP0659.
Full textMaillard, Bruno. "Les noirs des geôles : la répression pénale des esclaves à l'Ile Bourbon, entre puissance publique et pouvoir despotique des maîtres 1815-1848." Paris 7, 2010. http://www.theses.fr/2010PA070004.
Full textBetween 1815 and 1848, on the Ile Bourbon, slaves who were found guilty of an offense were almost exclusively sentenced to one or another specific form of imprisonment. Why should such a metamorphosis of the penal System occur when, during the XVIIh and XVIIIth centuries, it was still centred on whipping, mutilation or death? This phenomenon was first of all induced by the strategies designed by public authority, then represented by the Ministry of Navy in Paris and by the governor's administration in the colony, that aimed both at assimilating the repressive legal System practiced on the ile Bourbon with the one established in the Metropole and at curbing the judicial prerogatives exercised by slaveholders on their lands. The latter, however, taking advantage of their being represented in local and national institutions, such as the delegation for the colonies or the colonial council, devised several schemes to lay down their vision of penitential and penal law. As for the "black" in jail, whose status wavered between object and juridical person, they came up with various forms of resistance to this new oppressive structure peculiar to the colonial slave society. At the crossroads of all of these strategies, tactics and acts of resistance triggered off by the protagonists of this page in history, there apparently materialises the choices, mechanisms and what is at stake, whether openly or indirectly, in this penal repression
Conil, Catherine. "L'acte de puissance publique conditionnel : Contribution à l'étude des conditions d'entrée en vigueur et de retrait des actes unilatéraux de droit public." Paris 2, 2008. http://www.theses.fr/2008PA020001.
Full textBarabba, Saleh. "L'aide publique saoudienne au développement : instrument politique ou outil de promotion de développement ?" Thesis, Clermont-Ferrand 1, 2012. http://www.theses.fr/2012CLF10389.
Full textOur research combines two approaches in the analysis of Saudi foreign policy on the granting of development assistance: i) an internal approach (general policy analysis: the development and implementation of assistance programs official development identifying the main actors of ODA and analysis of the results of ODA? ii) and an international approach (based on the theory of international relations, we identify the mechanisms that underlie Saudi aid policy and the role of the Saudi Development Fund in the efficiency and effectiveness of ODA. We seek, throughout this work, to provide some answers about the ambivalence that hovers over the target of ODA Saudi Arabia. We treat the issue of international aid and development programs presented by the Saudi government. objective of this work will be the study and analysis of the role of ODA Saudi in the fight against poverty mainly in developing countries
Doroudian, Majid. "Les fondements de la compensation par la puissance publique des dommages affectant les citoyens en l'absence de toute faute de l'administration en France." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32022.
Full textForcadet, Pierre-Anne. "Conquestus fuit Domino regi : Etude sur le recours au roi de France d'après les arrêts du Parlement (1223-1285)." Thesis, Orléans, 2012. http://www.theses.fr/2012ORLE0002.
Full textThe rich and complex « Saint Louis’ Century » is a time of development of a hierarchical and professional royal justice. Hundreds of Masters are trained at the Universities. The king’s Court regularly assembles in Paris during sessions « in parlemento ». The monarchy adopts several reforms allowing an easier access to justice. The recourses are also carried against the king himself and the exactions of his agents. There are so many different types of recourses that the concept of responsibility of the royal administration seems to appear.On the other hand, an important part of the litigations is raised by men against their laïcs or ecclesiastics lords. Royal justice settles as a regulator of the feudal relationships. The judiciary appeal to the Parlement is becoming usual against the other justices. Indeed, it contributes to give concrete expression to the superiority of the king’s justice, which is now called, in French « souveraineté ».By acculturation, the demand and the supply meet and tend to dedicate royal institutions to an « ordinary court ». There are a lot of resistances from other judges, but the curia regis receives and judge impartially these complaints too, which contribute to set of a State under the rule of law
Akcadag, Emine. "Le potentiel de Smart Power de l'UE : comment penser la puissance européenne ?" Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAG027/document.
Full textSince the 1970s, even before the Maastricht Treaty comes into force, the status of the EU in international relations and therefore its power is a source of conceptual debates. Although European integration is often seen as a process of renunciation of power, the idea of a European power which replaces the powerlessness of member states after the Second World War is always present among the representatives of various approaches to international relations: civilian power, normative power, soft power, military power, etc. It should be noted that the search for new concepts to describe better the enigmatic nature of European power is in progress.The aim of this work is to contribute to this debate by using the concept of smart power, effective combination of hard power and soft power, in order to describe the nature of the power of the EU. The concept of smart power seems relevant to explain the model of the EU’s power, although, in practice, the EU has difficulties in exercising smart power because of the lack of will among the member countries
Badara, Fall Alioune. "La responsabilité extra-contractuelle de la puissance publique au Sénégal : essai de transposition des règles de droit administratif français dans un pays d'Afrique noire francophone." Bordeaux 1, 1994. http://www.theses.fr/1994BOR1D019.
Full textThis study on senegalese administrative iaw aims to analyse the principles overning administrative responsibility in senegal and to examine what has become of french administrative law in africa's black, french-speaking former colonies after thirty years of independence. How can african judges in general, and senegalese judges in particular, maintain the autonmy of the prinbciples of responsibility concerning public authorities to the same extent as in cases of responsibility affecting civil law given the fact that they have been trained in civil law ? In other words, has the law of public responsibility retained all of its specificity and originality once codified by the senegalese legislator and designed to be applied to a single systeme of jurisdiction, bearing in mind its special, case-law character, which was first applied in france where there is a dual sytem of jurisdiction ? The answer to this question lies in the analysis of all aspects of the theory of the responsibility of the state, ranging from liability based or not on somme fault on the part of the state, to the legislative regimes on the subject
Tigroudja, Farid. "Les interventions de la puissance publique affectant la production agricole et ses effets sur le paysage : applications à la zone montagne sud du département des Vosges /." Montpellier : CIHEAM-IAMM, 2007. http://catalogue.bnf.fr/ark:/12148/cb41150201q.
Full textBibliogr. p. 123-128. Résumé en français et en anglais. CIHEAM = Centre international des hautes études agronomiques méditerranéennes. IAMM = Institut agronomique méditerranéen de Montpellier.
CAVALCANTI, FADUL DE ALMEIDA ELVIA MIRIAN. "Nouvelles geometries dans les modes de gestion des dechets solides au bresil : une etude de l'evolution des relations entre la puissance publique et ses partenaires prives." Paris 12, 1994. http://www.theses.fr/1994PA120004.
Full textThe "crisis" and the present trend of the reconstruction of urbans services raise numerous questions especially the ones dealing with the contracting-out and partnership which start to appears between the public sector and the private sector. This evolution may lead to determinant results on the one hand within the municipalities by changing their management structures and their normative and planning methods, on the other besides by creating new privates operators. This thesis analyses the development of the management methods of solide waste services, and the new articulation of the relationships between the public and the private actors within the delegate managemanet of two brazilian cities : curitiba and salvador. The study of these two very different municipalities helped to confirm the terms they delegate their utilities, the criteria of taking decisions to delegate, and the development of relationship between the publis sector and the private sector. The two municipalities are shidied according to the socio-political situation through qualifying and quantitative additional analyses of the contracting-out use at the state level
Delcombel, Elsa. "Organisation de l'action collective et rôle de la puissance publique pour le développement de l'agriculture guadeloupéenne : les difficultés du modèle coopératif et de la concertation entre acteurs." Antilles-Guyane, 2005. http://www.theses.fr/2005AGUY0125.
Full textThis thesis attempts to explain why agricultural cooperatives ,set up in Guadeloupe to market agricultural products other than bananas and sugar ,the two traditional crops of the island ,have repeatedly failed over the last forty years. An examination of the life cycle of several large cooperatives reveals that they could not have been profitable;in each case they survived only as long as public subsidies were available to bail them out. In addition ,analys of individual farm level conditions shows that cooperatives could only provide adequate solutions to a small minority of farmers. Why then did public officials encourage and support again the creation of new cooperatives, in spite of their many failures?An analysis ,taking note of the situations and strategies of the various actors involved,suggests that : public officials at the local level have been so constrained by a host of local and national considerations that they have not been able to support alternative development models. Doing so would require a broad consensus on a new economic development approach taking account of the specific features of the economy of Guadeloupe ,which suffers from a chronic and structural "Dutch disease" effect
Bouillon, Henri. "Recherche sur la définition du droit public." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010257.
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Leveau, Arnaud. "Les relations de la Corée du Sud et les pays d'Asie du Sud-Est. Quelle stratégie pour une puissance moyenne ?" Phd thesis, Ecole normale supérieure de lyon - ENS LYON, 2012. http://tel.archives-ouvertes.fr/tel-00726619.
Full textSiffert, Antoine. "Libéralisme et service public." Thesis, Le Havre, 2015. http://www.theses.fr/2015LEHA0022/document.
Full textFar from being contradictory liberalism and public services go hand in hand. The notion of public service seals the impact of liberalism on public law. Public service allows the desacralisation of public power and underpins it to the objectives of liberalism. Public power upholds the fulfillment of society, serving both the individuals and the markets. As a perfect example of a liberal institution, public service also reveals the contradictions of liberalism
Defline, Julien. "Le ministre des Finances sous la Ve République : contribution à l'étude du désenchantement d'une toute-puissance." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0503.
Full textIt is quite fashionable to admit, since the image is looming in many pieces of research work, that the French Finance minister stands, during the Fifth Republic, as a « super-minister whose influence counterbalances the Prime minister’s », a « second PM », or even a « universal minister », at the head of a ministry « which is even more powerful than anyone can imagine ». Thanks to his powers and competences, the Finance minister is said to enjoy some undeniable superiority that many consider unquestionable during the Fifth Republic. If a definite power appears obvious in the pieces of writing which deal with the Finance minister during the Fifth Republic, a thorough study shows some indisputable limits coercing him, thereby questioning this would-be hegemony within our institutions. This mythical image which glorifies the function tends to be mitigated by a number of constraints, coming from all sides, and increasingly present. This demonstration will be twofold. First, it establishes that there is no administrative hegemony by the Finance minister, in spite of some peculiarities which are proper to the financial matters. As an administrative authority, he can be compared to an ordinary minister. Second, it can be proved that the Finance minister’s political hegemony does exist, even if it has been weakened under the Fifth Republic, not turning though into an ordinary political authority