Dissertations / Theses on the topic 'Recours administratifs'
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Brisson, Jean-François. "Les recours administratifs en droit public français : contribution à l'étude du contentieux administratif non juridictionnel /." Paris : LGDJ, 1996. http://catalogue.bnf.fr/ark:/12148/cb35824828d.
Full textPrévédourou, Eugénie. "Les recours administratifs obligatoires : étude comparée des droits allemand et français /." Paris : LGDJ, 1996. http://catalogue.bnf.fr/ark:/12148/cb358202592.
Full textErath, Franz. "Förmliche Verwaltungsverfahren und gerichtliche Kontrolle : eine rechtsvergleichende Studie unter Bercksichtigung Deutschlands und der USA /." Stuttgart : R. Boorberg, 1996. http://catalogue.bnf.fr/ark:/12148/cb37683538t.
Full textPrévédourou, Eugénie. "Les recours administratifs obligatoires : étude comparée des droits allemand et français." Paris 2, 1994. http://www.theses.fr/1994PA020133.
Full textArbulu, Collazos David. "Les recours en matière administrative en France et au Pérou." Orléans, 2002. http://www.theses.fr/2002ORLE0002.
Full textJitmahuema, Kongmesombat Patcha. "Les recours devant les juridictions administratives en Thaïlande." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32046.
Full textThe administrative courts in Thailand are the authority which was founded by the Constitution of 1997. Moreover, the act on establishment of administrative courts and administrative court procedure B. E. 2542 (1999) provides the administrative courts and the administrative court procedure. This act prescribes only two types of courts. It designates the Administrative Courts and the Supreme Administrative Court. Nowadays, the structure of the administrative courts of Thailand is divided into two levels: the Administrative Courts of First Instance and the Supreme Administrative Court. The lawsuit of administrative case shall give a judgment made by the independent judges. The administrative courts discharge the jurisdictional duty in the disputes of administrative nature which concerns their competence. The specificity of administrative courts of Thailand lies in the fact that the applicant has to choose, according to the purpose of function that he files a lawsuit, a quite precise type of dispute which has the special procedures in Thailand
Brisson, Jean-François. "Les recours administratifs en droit public français : contribution à l'étude du contentieux administratif non juridictionnel." Bordeaux 1, 1993. http://www.theses.fr/1993BOR1D026.
Full textThe aim of this thesis is to study contentious function of non-jurisdictionals administratives remedies as, for example ex grata and hierarchicals recourses. The first party is concerned with classic conception of non jurisdictionals administrative remedies. It's a critical study of this classic conception : after the separation of administratives authorities and jurisdiction administrative coourt, french public law have come to believe that hierarchicals remedies aren't contentious recourses. Hierarchicals recourses aren't veritables means of recourses, but exclusively the expression of the right of petition. Effectively, french public law refuse to organize contentious procedure within hierarchical control as, for example, contradictory proccedings and the indication of reasons for administrative decision. The aim of the secund party is to propose an other conception and administrative reform of the actual legal system : french public law must to adapt non-jurisdictionals administratives recoruses to litigious function. It behoves him to organize procedures laws and juridicals protections when decision. The aim of the secund party is to propose an other conception and administrative reform of the actual legal system : french public law must to adap non-jurisdictionals administratives recourses to litigious function. It behoves him to organize procedures laws and juridicals protections when
Dinh, Van Minh. "Les recours contre les actes administratifs individuels au Viet Nam." Toulouse 1, 2012. http://www.theses.fr/2012TOU10019.
Full textThis thesis aims at researching the mechanism of settling complaints against the administrative decisions or acts in Vietnam through analyzing the weaknesses of the mechanism and proposing solutions to overcome these weaknesses, contributing to the protection of citizens' rights and making the country's legal frameworks in line with international standards on this field. In conducting this research, we tried to make comparisons with the models of China and France, the two countries that, due to historical factors, have had great cultural and legal influences on Vietnam. This thesis consists of two parts : Part I : Complaints settled by competent administrative authorities - a phase that necessary but insufficient to deal with complaints against administrative decisions or acts ; Part II : Complaints settled following judicial procedures - an essential mechanism for effectively dealing with complaints against administrative decisions or acts
Le, Bot Olivier. "Le référé-liberté fondamentale : contribution à l'étude de l'article L. 521-2 du code de justice administrative." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32036.
Full textThe « référé-liberté fondamentale » is a brand-new proceedings, introduced in litigation administrative law, by law 2000-597 of June, the 30th 2000. On one hand, this proceedings of the article L. 521-2 of the administrative justice code has been made up to struggle serious situations, considered as exceptional. Indeed, law requires that a serious and illegal damage turns out to be a fundamental liberties’ outrage, and so needs a very quick action from the judge to stop it. On the other hand, this law line derogates from the common law of the administrative process in order to give the presumed victim of this outrage a quite wide protection of her fundamental freedoms. Following the ordinary latino-american amparo logic, the « référé-liberté » offers the applicants a quick and efficient jurisdictional protection of their freedoms in exceptional situations, when they are seriously menaced by the public authority’s acts and deeds
Viviano, Michel. "La théorie de la distinction des recours et le contentieux administratif contractuel." Lille 2, 1995. http://www.theses.fr/1995LIL20004.
Full textThe comparison between the theory of the distinction of appeals and the contractual administrative litigation is usual, but obscure. A first historical and theoretical part will be used for proving the strength with which this theory applies to this litigation. A second part will show that, in fact, this theory is relative to the contact of this litigation. We'll be enging this thesis by pointing out that this theory is in a position to be overtaken in this subject
Si, Ali Abderrahim. "Le recours des personnes morales de droit public à l'arbitrage." Dijon, 1998. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/83b4ea72-ffab-414e-9b81-8ff812895b17.
Full textExcepted during the revolutionary period, arbitration is not in agreement with public law. The old civil procedure code prohibited arbitration (articles 1003 and 83). The paragraph 2060 of civil code has not changed this prohibition. However, arbitration is allowed by some international conventions, legal acts and case-law. So, it's hoped to introduce some flexibility to prohibition in order to allow legal persons of public law the right to arbitration. Today, an arbitrator is an alternative to a public judge. It can reduce overloaded jurisdictions, in particular, administrative ones. Moreover, arbitration is suitable for economic litigation considering its advantages. However, it is necessary to determine the juridical regime of arbitration before its application. The legislator, with the exception of act 1906, has not been informed of the rules which the arbitrator has to comply. It is necessary to study the possible applications of the ordinary common law. Although public law and arbitration are different, the common ordinary law can be applied to legal persons of public law. However, these rules cannot be applied if they are against the general principles of public law. In international matters, the problem concerns the partiality of national law of the contracting state. To avoid this partiality, the application of international public law and lex mercatoria are suggested. We note that in arbitration, common ordinary law is applied and, if necessary, adapted for community interests
Mandin, Maël Cattoir-Jonville Vincent. "Le recours en cassation devant le Conseil d'Etat." Metz : Université Metz, 2008. ftp://ftp.scd.univ-metz.fr/pub/Theses/2004/Mandin_Mael.DMZ0404.pdf.
Full textCoulibaly, Salif. "La pratique du contentieux administratif malien de l'indépendance à nos jours : Quelles perspectives peut-on trouver dans la pratique du contentieux administratif malien de l'indépendance à nos jours?" Nice, 2007. http://www.theses.fr/2007NICE0049.
Full textHow does Mali's administrative law protect the Malian citizen, since the independence of the country? Is it convenient for a Malian citizen who has grievance against Civil Service to access the Administrative Court? If he brings an action before the Administrative Court, can he expect his case to be fairly processed? If a decision is reached against the Malian Civil Service how hard is it to give effect to it? And we could ask many more questions, which seem totally justified, more than forty years after the independence of Mali. We will appreciate the protection of the citizens from the point of view of proceedings before the Administrative Court and focus on the referral to the judge. That's why the referral to the court, the fact that current administrative law is unsuitable to the Malian social context, the difficult access to the court, plus various elements reducing the protection of the citizens, as well as the way that the system could be improved – in a few words, the drawbacks of Malian administrative law and the remedies that could be found – are subject to a critical, lucid and careful judgement. To deal with the matter of the citizens' protection against Civil Service, we will study the two main branches pointed out by Laferrière at the end of the 19th century which are the action in annulment and the action in compensation, but with a “tropical” touch. As Raphaël Alibert wrote it in 1926 the possibility to attack ultra vires actions remains “probably our best legal monument”. And the action in liability in Malian administrative law is also appropriate to Paul Duez's statement that “. . . .
Faugère, Guillaume. "L'accès des personnes détenues aux recours : étude de droit administratif." Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10007/document.
Full textCepko, Aurélie. "L'exception de recours parallèle en contentieux administratif francais." Thesis, Toulon, 2014. http://www.theses.fr/2014TOUL0078.
Full textThe objection of parallel proceedings, judge-made law created by the Council of State from the middle of the Second Empire, is traditionally explained like an absolute bar to proceedings devoted to misuse of powers. Indeed, the action is inadmissible if the applicant may bring another action, the parallel proceedings, with similar effect. This primary version has been modeled with a synthesis of notion characteristics. A standard model was produced and the judge can settle other situations of parallel proceedings. This second version of the objection of parallel proceedings is adapted to new proceedings like emergency proceedings or the implementation of European Union law. The practice of the objection of parallel proceedings is not theorizable. The judge is using this notion intuitively as a method for leading his judicial policies
Ndigo, Nzié Samuel. "Le système camerounais de prévention et de réglement des litiges de l'administration." Bordeaux 4, 1997. http://www.theses.fr/1997BOR40040.
Full textMandin, Maël. "Le recours en cassation devant le Conseil d'Etat." Metz, 2004. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/2004/Mandin.Mael.DMZ0404.pdf.
Full textBy the end of the 80's, they was a large backlog of cases for the Conseil d'Etat, so legislation was passed to avoid substantial delays in proceedings. The Act of 31 December 1987, added to the court vested with administrative jurisdiction the administrative court of appeal, to which the bulk of the appellate jurisdiction was transferred. For these courts and various specialised courts, such as the Court of Audit, an appeal on points of law lies to the Conseil d'Etat as supreme administrative court. The Conseil d'Etat will not overrule the assessment the lower court made of the facts. Thus determining what can be qualified as an error of law, is the criterion to ascertain if the applicant's complaint is justified. However, case-law on that topic is ambiguous and raises much controversy. The Conseil d'Etat might dismiss the argument submitted by an applicant. It may also quash the decision of the lower court and, subsequently, rule on the merits of a case or remit the case to a lower court
Meng, Sheng. "Le contrôle des actes administratifs en droit chinois et sa réforme." Bordeaux 1, 1990. http://www.theses.fr/1990BOR1D007.
Full textAs the director of public affaire for one billion peaple and supported by a single party (the chinese communist party), the chinese administration is certainly one of the most powerful in the world. Thar is the reason why the control of the administrative actions comes up against difficulties as much on the doctrinal side as on the practical. Howener, since china started its reformist movement, the economic development which favourises more or elss the abuse of public power inevitably requires a reform and reinforcement of the control of administration. Therefore, the system of control of administrative actions is being reformed in three areas: new research into the doctrine of control; the reinforcement of the monitoring non contentious matters and the radical reform of administrative litigation of which the most remarkable development has been the enactment of a law on the administrative procedure
Bayonne, Pierre Edgard. "Contribution à une étude sur la justice administrative dans le système congolais." Paris 13, 1998. http://www.theses.fr/1998PA131026.
Full textCollet, Martin. "Le contrôle juridictionnel des actes des autorités administratives." Paris 2, 2002. http://www.theses.fr/2002PA020080.
Full textPollet, Delphine. "Les actes inattaquables devant le juge administratif." Lille 2, 2006. http://www.theses.fr/2006LIL20002.
Full textThe study of the administrative case law reveals the existence of many instruments that are impossible to contest in front of the administrative judge, specially for " excess of power " (application for judicial review of administrative action). In spite of their important diversity, a few common reasons explain the impossibility to attack them. Those instruments are naturally source of a lack of judicial protection for citizens ; they are a limitation to their right of access to a judge. The administrative judge is therefore torn between those opposite requirements. If, during a laps of time, he did nothing to resolve the contradiction, the vigourous reaffirmation of the right of access to a judge since the second half of the 20th century (in national and European law), pushes him to undertake a conciliation which consists in a reduction of the impossibility to attack those instruments. Indeed, thanks to some techniques, he admits the possibility to contest some of them in a direct or in an indirect manner ; consequently he contributes to improve the situation of private individuals in contentious administrative matters. In the future, this reduction should still go on, but it should not lead to the total disappearance of " the incontestable instruments ". As a matter of fact, some of them should still exist to guarantee a certain balance between the interest of the private individual on the one hand, and the interest of he administration and of the administrative judge on the other hand
Missang, Bibang Covacks. "La justice administrative au Gabon et au Cameroun : contribution à l'étude de la réception des droits étrangers en Afrique noire francophone." Toulouse 1, 2011. http://www.theses.fr/2011TOU10005.
Full textThe germination and the evolution of the institution of administrative justice in Africa coincide with the development of the colonial administration. It will be maintained at the time of the accession to international sovereignty, even if its organization will depending on the States : on a side, those which, according to the example of Senegal, have, by preoccupation with the simplification, broken with the french solution of jurisdictional duality ; and other, those whose leader could be the Malagasy Republic, which prefered a solution closer to the preceding system. It is in the last category that is necessary to arrange Gabon anf Cameroon, two neighboring States of central Africa. However, the budgetary weight of the new organization and especially the absence of staff specialized in administrative dispute led in most States setting up a general-purpose Supreme court. The opening of the democratic transition also starts the beginning of the dismantling of this jurisdictional monism, more especially at the tendency is rather is the installation of autonomous administrative jurisdictions. All the excuses testify to the difficulty of the African States of obtaining a system adapted for the regulation of the litigations opposing administration and citizens. In a continent where one aspires more ever to setting-up and the consolidation of the Rule of law, it is not any more opportunity of such institution which would be matter with interrogations. On the other hand, its organization, its integration in a sometimes hostile sociological medium continue to feed doctrinal debates as well as political. Those which incarnate the institution are not in remainder. Thus, the timidity of the administrative judges and his promptitude to import foreign jurisprudence, particularly french, are far from supporting the emergence of a public law which is adapted to the States
Mata, Marcano Gladys. "Le système de protection des citoyens au Vénézuela : étude des recours contre les actes administratifs individuels." Toulouse 1, 2006. http://www.theses.fr/2006TOU10057.
Full textDabbou, Sophie. "Les conditions de recevabilité du recours pour excès de pouvoir en france et en Tunisie : (mimétisme et originalité)." Paris 1, 1998. http://www.theses.fr/1998PA010275.
Full textThe introduction of the conditions of admissibility of appeal for actions ultra vires appeared in a "brutal" way in Tunisia with the law of 1972; it is, more or less, the resumption of the conditions released by the state council. The respect of the conditions of admissibility of appeal for actions ultra vires, created by French as well as Tunisian administrative law, constitutes one of the fundamental stages of the implementation of administrative justice. If the conditions of admissibility are not fulfilled, the judge shall put forward a demurrer to the applicant, even if the act concerned is null and void because of illegality. The issue was if there is necessarily a similarity between the situations of these two countries' citizens when the appeal for actions ultra vires was introduced. Are the principles put forward by the state council interpreted and implemented identically by the tunisian administrator and judge ? Without going into a close and technical comparison of the conditions of admissibility of appeal for actions ultra vires, we tried to analyze the way they were implemented in tunisia as compared to their country of origin, and such in relation to the specific issue of the protection of citizens. This comparison thus bears on the three conditions put forward by french law which are essential for proceeding to the appeal for actions ultra vires, i. E. Those relating to the applicant, the action, and the procedure. We were led to the conclusion that, even if to a large extent the imitation of the conditions of admissibility required in french administrative law is entirely realized, there exist differences which modify the protection of the persons to be tried on essential issues, thus revealing the weaknesses of a system that is still recent and in the framework of which administration and more specifically the authorities are still somewhat reluctant to submit to such and appeal
Saengkanokkul, Piyabutr. "La juridiction administrative en Thaïlande : génèse d'une institution." Toulouse 1, 2011. http://www.theses.fr/2011TOU10044.
Full textL'Etat de droit require the judicial review of administration to ensure the submission of administration under the law and the protection of citizens against arbitrary. But which judge ? The judicial review of administration is varied. Each country has its own system. In Thailand, the judicial review of administration by the court of justice, at the time of system unity of jurisdiction, is limited. Thailand has therefore chosen, since 1997, its own solution : building autonomous administrative court as the ordinary jurisdiction of administrative litigation. In this respect, we invoke the question of "How " ? at the same time as the question "Why" ? What are the reasons for the birth of Thai Administrative Court ? How this "new" Court works ? After its existence, the judicial review of administration is more effective ? That is why we shall have to see, the first, the characteristics and functioning of administration control since the absence of judicial review in the era of absolute monarchy until today. When we know the historical development of judicial review of administration in Thailand and the rationale for the administrative court, we must, secondly, to explore how the contemporary judicial review of administration works and it is effective or not
Njoya, Chouaïbou. "Le recours en rectification d'erreur matérielle en contentieux administratif." Metz, 2004. http://www.theses.fr/2004METZ002D.
Full textIn administrative dispute in France, the appeal in rectification of clerical errors has changed deeply. This exceptional way of appeal which serves as a rule for rectifying clerical errors, has also ben used, since the ruling (Council of State the highest administrative jurisdiction in France) widow Benoit of November 21st, 1930, to correct certain legal errors. This evolution can be explained historically by the contents of the texts which organize the appeal for revision. This last way of appeal is limited to very few cases so that are very few appeals for revision that succeed. Three cases of revision are nowadays possible under the Code of administrative justice (article R 834-1) and the administrative jurisprudence does not deviate from it. This situation, combined with the heavy and punitive character of the appeal for revision, favored the evolution of notion of clerical error. In order to facilitate the correction of the unacceptable errors whish can't be corrected by the appeal for revision. The Council of State widened the notion of clerical error. The clerical error can be as well a legal error. In other words, the appeal in rectification of clerical error can concern the rectification of a purely legal error. The appeal in rectification of clerical error became a "substitute " in the appeal for revision. The necessity of giving its due importance to the appeal in rectification is a necessity in interest of a good administration of the administrative justice
Pohn-Weidinger, Axel. "Écrire dans les plis du droit social : une sociologie du dossier." Paris 8, 2014. http://www.theses.fr/2014PA084072.
Full textIn the wake of the transformation of the French welfare state, the conditions for gaining access to social rights have changed. Since the 1980s, social policies target smaller populations and increase the control over the “good use” of public money by making greater demands on individuals in return for subsidies. The question is whether this transformation creates distance between vulnerable populations and social institutions? In order to describe how individuals gain eligibility to social law under these new circumstances, this thesis takes a close look at the practices of writing that are meant to establish a “good record”. The ethnographic fieldwork was conducted in the archives and at the counters of a municipal administration, at a social housing office, at an association for over-indepted citizens, at a welfare office, at the state secretary for poverty, as well as with overindepted families. Filling out forms, gathering papers to prove over-indeptedness, and appealing to a decision before the state secretary: “paperwork” is a multiform activity, drawing on various ways of thinking about oneself and about legality. As legal categories can change their meaning and implications from one institutional frame to another, how do individuals establish coherence within their file? By following citizens and files through a highly differentiated administrative landscape, this thesis highlights the immense amount of cognitive, emotional, biographical and legal work necessary to gain access to social rights
Melleray, Fabrice. "Essai sur la structure du contentieux administratif français : pour un renouvellement de la classification des principales voies de droit ouvertes devant les juridictions administratives à compétence générale." Bordeaux 4, 2000. http://www.theses.fr/2000BOR40007.
Full textʿAbla, Walīd. "Les conditions de recevabilité de la requête devant les tribunaux administratifs de l'ONU et de l'OIT." Paris 2, 1990. http://www.theses.fr/1990PA020008.
Full textThis thesis studies the receivability of the complaint before the u. N. Administrative tribunal and the i. L. O. Administrative tribunal. It is composed of an introduction and three parts. The first part concerned the applicant who must be an official,even if his employant has cessed, or a person on whom the rights of an official have devolved on the death of the official. The second part is related to the decision impugned. A complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted all other means of resisting which are open to him under the staff regulations. The third part deals with the requierements concerning the form and the period within which a complaint must be filed. It is a study based essentially on the analysis of the jurisprudence of these tribunals and supports comparaison with the jurisprudence of the conseil d'etat in france
Richards, Martinez Orisell. "Los recursos administrativos en Cuba : fundamentos teoricos de su regimen juridico." Thesis, Paris 10, 2016. http://www.theses.fr/2016PA100024.
Full textThis thesis aims to establish the theoretical grounds for administrative remedies, taking into account the presuppositions deriving from the control of public administration by itself, and the protection of citizen's rights. It faces those grounds with the actual legal organisation in Cuba, and propose reforms with the purpose to let the legal regulation be consistent with these theoretical grounds
Lei, Maxime. "Le principe de l'absence d'effet suspensif des recours contentieux en droit administratif." Electronic Thesis or Diss., Toulon, 2018. http://www.theses.fr/2018TOUL0119.
Full textIn contentious administrative disputes, appeal actions do not trigger any suspensive effect on the case. As a consequence, the administrative authorities can enforce the appealed decisions until the court gives its final decision. This position constitutes a principle and is due to a highly unbalanced dispute philosophy, as it tends to be favourable to the administration. The non-suspensive effect principle is one of the most direct expressions of this phenomenon as it is most likely to encumber the protection of the plaintiff rights. Studying this principle allows to question the relevance, nowadays, of the ideological basis on which law and administrative disputes are built. A deconstructive analysis shows that, due to several evolutions, this principle seems to be “outdated”. These developments, whether they are part of the legal dimension or part of something bigger, help shaping the expected features of the dispute actions. Finding a balanced solution, between administrative effectiveness and protection of plaintiffs, has become an essential requirement. And this may be reached through rebuilding this rather thorny aspect of the administrative proceedings from a legal analysis of the position in controversy
Bouzir, 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 textPerrier, Maëlle. "Le recours au contrat en matière de police administrative." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30112.
Full textContract and police may be incompatible. The contract is an accord of volition which creates legal commitment. Policy is one of the most important public authorities. From 1932, the administrative judge asserted a general principle of prohibition of using contract to delegate policy missions. In 2011, the constitutional judge asserted a principle which bans delegation of policy missions. At the same time, there is a development of contract as a new method of management. So, the principle of prohibition is underquestioned. The classical schedule is upset and a modernization of legal concepts is necessary
Traoré, Karim. "Recherches sur le contrôle de l'administration au Mali." Bordeaux 1, 1987. http://www.theses.fr/1987BOR1D304.
Full textClaeys, Antoine. "L'évolution de la protection juridictionnelle de l'administré au moyen du recours pour excès de pouvoir." Poitiers, 2005. http://www.theses.fr/2005POIT3007.
Full textBoré, Louis. "La défense des intérêts collectifs par les associations devant les juridictions administratives et judiciaires." Paris 1, 1995. http://www.theses.fr/1995PA010259.
Full textIn france, the collective interests actions of the associations are judge admissible by the administrative courts, but not by the judicial courts, except if the association has got an express habilitation by the legislator. The rejection of the collective interests action is a consequence of the distrust of our private law against the altruistic acts. If our private law, like our public law, would accepte to trust more the altruistic groups, their collective interests action would ensure a better respect of the law, by the suppression of the illegalities, the sanction of criminal, civil and administrative faults, and the compensation of individual damages through the creation, in France, of a class action system inspired by the American law and the Québec legislation
Ndiaye, Issakha. "La notion de recevabilité en contentieurx administratif français." Toulouse 1, 2007. http://www.theses.fr/2007TOU10040.
Full textRigaudeau, Pierre-Olivier. "Le rescrit en matière administrative." Electronic Thesis or Diss., Paris 2, 2020. http://www.theses.fr/2020PA020040.
Full textThe rescript (a binding ruling unique to French administrative law) offers a mechanism by which an individual can obtain a ruling from the administration regarding the application of the law to a particular set of circumstances. An individual can make subsequent use of the answer provided, even if it is unlawful. As a consequence, the rescript generates suspicion. It has been perceived as threatening such fundamental principles of public law as: legality, mutability and equality. This thesis demonstrates that this suspicion is misplaced. The rescript is a unilateral administrative decision which creates rights that have contractual effects. It is not intended to offer tailor-made law. It does not have any dramatic effects on the hierarchy of norms. What makes the rescript unique is the fact it gives rise to relationships of loyalty between the administration and individuals. Such relationships are not necessarily guaranteed in the context of ordinary unilateral decisions. The obstacles to the expansion of the rescript across the entire administrative sector have been political rather than legal. These obstacles reflect a reticence on the part of administrations, for material and ideological reasons, to extend the use of the rescript. By studying the rescript, we gain valuable insight into the role played by the State today
Lei, Maxime. "Le principe de l'absence d'effet suspensif des recours contentieux en droit administratif." Thesis, Toulon, 2018. http://www.theses.fr/2018TOUL0119/document.
Full textIn contentious administrative disputes, appeal actions do not trigger any suspensive effect on the case. As a consequence, the administrative authorities can enforce the appealed decisions until the court gives its final decision. This position constitutes a principle and is due to a highly unbalanced dispute philosophy, as it tends to be favourable to the administration. The non-suspensive effect principle is one of the most direct expressions of this phenomenon as it is most likely to encumber the protection of the plaintiff rights. Studying this principle allows to question the relevance, nowadays, of the ideological basis on which law and administrative disputes are built. A deconstructive analysis shows that, due to several evolutions, this principle seems to be “outdated”. These developments, whether they are part of the legal dimension or part of something bigger, help shaping the expected features of the dispute actions. Finding a balanced solution, between administrative effectiveness and protection of plaintiffs, has become an essential requirement. And this may be reached through rebuilding this rather thorny aspect of the administrative proceedings from a legal analysis of the position in controversy
Diagne, Mayacine. "L'efficacité du contrôle contentieux exercé sur l'administration sénégalaise." Aix-Marseille 3, 1990. http://www.theses.fr/1990AIX32019.
Full textThis thesis treats about the afficiency of the recourse for excess of powor in an african system of unity of jurisdiction. Indide, the author effectuates a study over the transposal of some fundamental concepts of the french administrative law into the senegalese law and over the efficiency of the senegalese model witch resultes from it. The first deal treats about the efficiency of the contentions procedure, namely the conditions of receivability concerning the acts and of the pleaders, and the rules of the formal procedure receivability. The second deal treats during the stage posterior to the seizuse of the judge about the contentions proceedings, along the debate : the rules of the proos, the pretentions of pleaders, the powors of investigation of the judge ; the effects of the contentions controls and about the role of the institution of the "recourse for excess of power in the senegalese practice"
Ghezzou, Brahim. "Le renouvellement du contrôle juridictionnel de l’administration au moyen du recours pour excès de pouvoir." Thesis, Bourgogne Franche-Comté, 2017. http://www.theses.fr/2017UBFCH037.
Full textThe role of the administrative judge (the excess of power) has evolved due to the implementation of the various texts adopted recently as well as the developments in the case-law in recent years. In many areas, its role now goes beyond the mere confrontation of an administrative act with the rule of law. At the heart of the annulment decision is a statement and an assessment of the facts, apart from the interpretation of the law, which were usually separated by the principle of separation between the administration and its judge.Some jurisprudence which has become very classical, as well as others more recent, can be considered as characteristic manifestations of this new tendency of the judge to impose a pragmatic reading of the law, to conceive a certain coherence between the applicable law and the reality of the facts, thus rendering useful any annulment contentious pronounced in this sense
Gros, Manuel. "Les fins de non-recevoir devant la juridiction administrative." Lille 2, 1987. http://www.theses.fr/1987LIL20002.
Full textWether they are simply put in by the litigants or examined and sustained or not by the court (we shall concern ourselves with the latter sense only), all pleas of nonadmissibility amount to refusing to discuss the substance of the case. Investigating them involves examining the general influence of formal procedures on administrative actions. Both at the level of established law, proceeding from the statute book and the holding of the Conseil d'Etat (part one), and at that of jurisprudential practices in first instance courts such as Lille's tribunal administratif (1977-1981) (part two), Analytical investigation of pleas in bar reveals an obvious duality between formality and flexibility. Formality is to be found mainly in the assertion of the specific aspect of rules in administrative litigation as a matter of principle, whereas flexibility prevails when it comes to putting them into practice. In fact, behindt such apparent contradiction stands a permanent feature in the matter of admissibility: the court's lasting freedon of appraisal. In that sense, one can speak of a gradual shift in administrative litigation towards equitable justice, inasmuch as examining the validity of a suit often conditions the more of less strict enforcement of formal rules. The inference of such findings is that pleas in bar (general conclusion) in the future will, or so it seems, mainly play the part of the minimum formality that is necessary for trials to be held properly, and subsidiarily entail a pre-judgement of the substance of the case. Therefore, pleas in bar are a true reflection of the branch of law they are concerned with; the exemplify an ongoing trend towards a sort of. . . Natural administrative law
Manla, Ahmad Jassem. "Les modes alternatifs de règlement des litiges administratifs en droit français et en droit syrien." Thesis, Université de Lorraine, 2017. http://www.theses.fr/2017LORR0226.
Full textHaving been ignored, for a long time, by the doctrine as well as by the positive law, alternative means of dispute resolution (ADR) have recently aroused a particular interest in both French and Syrian administrative laws. Conveniently, theses alternative modes would designate a set of processes with the objective of putting an end to the administrative disputes without going through an administrative or judicial process. The administrative recourse, arbitration, mediation, conciliation and transaction have all been haphazardly found out and grouped together. It is the study of their restrained place in the resolution of the administrative disputes in France and in Syria, as well as the study of the perspectives of their desired development in French and Syrian administrative laws that the present study is devoted to. In this sense, this is a comparative study between the French system and the Syrian system
Gompel, Michaël. "L'action en justice des personnes publiques en qualité de demandeur devant les juridictions administrative et judiciaire françaises." Université Robert Schuman (Strasbourg) (1971-2008), 2001. http://www.theses.fr/2001STR30009.
Full textThe action of body corporates in public law is traditionnaly analyzed on the edge of defence. On account of their status of public authorities, of their prerogatives as the privilege of prealable, public institutions are naturally predisposed to defence. So, different facts relating, to juridical and institutionnal state organization, also to the importance of the power devoted to administrative authority and more generally, to the founding principles of the relationship between judges and administration, the whole contributes to isolate the public justiciability as claimant. The fullfilment of the public justiciability as claimant must be done from two types of legitimation. The first ones, called objectives aim to connect the ability of legal persans of public law to bring an action, to constitutionnal processes, as for example, the right of judge or to various legislator's capacitations. The second ones, called subjectives allow to establish an evolution of the condition of the public law moral personality more adapted to bring of a matter before a court. In order to understand in the best way, a singular matter, we also have to study the purposes pursued by public institutions when they apply to the judge. The public justiciability as a claimant reveals and achieves the public law moral personality's vocation. The legal persons of public law pursue their subjective interests, both rights having financial value and rights having no commercial value. Yet, they still set up as guardians of general interest, in its various aspects. In those cases, the public institutions 's law preferential rights, appear residually and mostly when legal system fits out actions at law for the protection of a particular public interest. Consequently, they are not singular applicants set to the public authorities but they act as olders of subject right
Rouast, Philippe. "Le contentieux des rapports médecins-Sécurité sociale." Paris 8, 2002. http://www.theses.fr/2002PA082147.
Full textThe professionals of health and the social security are two major elements of the health politics in ourcountry. However the relations between physicians and paramedical professions and social security offices are not those which could be expected. The lack of cohesion - coordination - and the presence of divergent opinions continually stain these relations. On the social point of view, the attitude of the unions representing the professions of health is not irreproachable. On the economical point of view, the obstinacy of the authorities and first of all of the organisms of social security to set up measures of control of the expenses may seem surprising. Although it may seem praiseworthy, this politics does not give herself the appropriate means to reach its objectives. On the legal point of view, a great number of fundamental principles of our law seem to be unrecognised, especially as far as the measures of repression against professionals of health who have failed or who are suspected of illicit activities in the practise of their profession is concerned
Gaillet, Aurore. "L'individu contre l'Etat : essai sur l'évolution des recours de droit public dans l'Allemagne du XIXème siècle." Strasbourg, 2010. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D107.
Full textSome structuring categories of German public Law have been elaborated during the nineteenth century. The progressive organization of public Law remedies was an important step in the clarification of the legal relationship between the individuals and the monarchic power. The affirmation of individual public rights, as well as the doctrinal controversies on the topic, are an illustration of the quest for optimal balance between the Rule of law and the State power. These legal remedies, reflecting the initial form of constitutional justice and contributing to the establishment of the administrative justice system, are also characterized by the distinctive traits of the German legal culture. These outlines are structured around the rupture that originated in the 1848 revolution, as well as in its failure. Thus, the institutional conditions of the guaranty of the rights of individuals are successively characterized by the politicization of legal discourse, followed by the reduction of the idea of the rule of law to the purely formal sanction of the principle of legality. Although the general terms of this argument about the determination of the respective functions of the judge and the administration, as well as their relationship with the Law, are already clearly articulated during the first years of the nineteenth century, the scientific construction of German public Law and the establishment of an administrative justice system give them a new orientation. Subsequently the analysis of the origin and the signification of a first subjective conception of the administrative legal remedy is necessary in this context, as also in the light of the solutions developed in France
Le, Dû Gwénaël. "La Protection des étrangers par le référé-liberté." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020078.
Full textImmigration policy is an area in which fundamental freedoms can be threatened by public actions. To fight against illegal immigration the French government takes police measures that could be challenged before the courts. Administrative justice is now able to quickly protect the interests of the most vulnerable litigants such as aliens, notably through the urgent application for protection of a fundamental freedom created in 2000.Almost two decades after the creation of this remedy, the balance sheet is largely positive. Very innovative, the urgent application for protection of a fundamental freedom has contributed to improve the working methods of the administrative judge by helping to develop a culture of urgency. Thanks to wide injunction powers, the urgent-applications judge appears as an effective defender of the fundamental rights and freedoms of aliens, thus improving the legitimacy of the administrative justice.Given the sustained growth in litigation, especially in immigration area, european requirements and the emergence of new available legal remedies, reform proposals could be useful to strengthen the effectiveness of this remedy and to protect the litigant against any form of arbitrary action
Abitam, Alain. "Les garanties des contribuables dans les procédures d'imposition." Paris 2, 1999. http://www.theses.fr/1999PA020101.
Full textKouakou, Béhibro Konan Guy Claude. "Le contentieux de la fonction publique internationale : contribution à l'étude du régime juridique des commissions de recours et d'appel de l'Agence Intergouvernementale de la Francophonie." Paris 5, 2004. http://www.theses.fr/2004PA05D001.
Full textThe subject treats of a fundamental guarantee granted to all the international officers, in general ; that is to say, the protection of their statutory, lawful or contractual rights by the international administrative jurisdictions. At the intergovernmental Agency of the Francophonie (I. A. F. Ex Cultural and Technical Cooperation Agency) particularly, the Commissions of Recourse and Appeal are charged to know, as e first and a last resort, the individual and collective litigations which could be caused by a decision of the general Administrator. How are these organs of litigations settlement organized ? How do they function ? Which are, generally, the rules governing the litigation which they are charged to solve ? Such are the essential points which are approached in this study
Hosseini, Sadrabadi Iraj. "L'influence du modèle français de contrôle de la légalité des actes administratifs : le cas de l'Iran." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1055.
Full textInspired by the French model, the Iranian legislator created in 1960 a new institution: The Council of State of Iran. But the law has never been implemented. The Court of Administrative Justice (CAJ) of that time was created by the section 173 of the 1979 Constitution to exercise judicial control over agencies and the agents of public authority under the authority of the judiciary. The CAJ is responsible for the excessive use of power against administrative acts and against agents' administration. The dispute on the legality of administrative acts in Iranian law distinguishes between the objective appeals envisaged in article 19 of the 2006 Act on the CAJ and the subjective appeals provided in article 13 of this law. The General Assembly of the CAJ is responsible for the objective appeals and The Chamber of this Court is responsible for the subjective appeals. What characterizes the CAJ is that it is primarily the judge of the first and the last instance. In terms of final decisions of the specialized courts, it acts as a court of cassation. It is the judge of the common administrative law cases as in the Iranian system; then there are no administrative courts or administrative courts of appeal