Dissertations / Theses on the topic 'Revirement de jurisprudence'
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Armand, Romain. "Le revirement de jurisprudence du Conseil constitutionnel." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0455.
Full textOur study will focus on the Constitutional Council's overruling. While this study deals with the particular context of constitutional litigation, and the empirical data analysed herein mainly consist of the decisions of the Constitutional Council, as well as the minutes of the Council's meetings, this research goes beyond the scope of constitutional litigation, and is intended to be a true conceptual investigation into the concept of overruling.Indeed, the concept of overruling, which was originally doctrinal, and which today is becoming a common concept in jurisdictional practice, is a concept that designates a jurisprudential phenomenon practiced by all orders of jurisdiction in the French legal system.This study proposes to delve into this concept of overruling, using theoretical means (in particular drawing on linguistics, psychology, legal theory, philosophy, history of law, epistemology and formal logic), which have never before been used in the investigation of overruling.However, although nourished by theoretical exoticism, this study is not to be outdone in terms of legal analysis and will provide the reader with a solid analysis of the decisions of the Constitutional Council which count as overrulings, as well as an analysis of the causes and consequences of the overruling, in the specific context of constitutional litigation
Rorive, Isabelle. "Le revirement de jurisprudence en droit belge et en droit anglais." Doctoral thesis, Universite Libre de Bruxelles, 2000. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211785.
Full textLucas-Alberni, Katia. "Le revirement de jurisprudence de la Cour européenne des droits de l'homme /." Bruxelles : Nemesis [u.a.], 2008. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=017601966&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
Full textRorive, Isabelle. "Le revirement de jurisprudence : étude de droit anglais et de droit belge /." Bruxelles : Bruylant, 2003. http://www.gbv.de/dms/sbb-berlin/393969533.pdf.
Full textLucas, Katia. "Le revirement de jurisprudence de la Cour européenne des droits de l'homme." Montpellier 1, 2006. http://www.theses.fr/2006MON10013.
Full textCursoux, Sandrine. "Le revirement de jurisprudence du conseil constitutionnel en contentieux de la constitutionnalité." Saint-Etienne, 2004. http://www.theses.fr/2004STETT071.
Full textThe case law reversal arouses a great interest right away, the stake here is to deal with this reversal regarding the juridictional activity of the constitutional Council. Because it concerns a young institution and the interpretation of the Constitution, the possibility of the constitutional case law reversal has long been hidden , this implies that is necessary to prove its existence thanks to an analysis of the constitutional case law. This reasoning leads to construct a real concept of the reversal of the constitutional Council in litigation of the constitutionality. The research shows also the complementarity that exists between the judge and the doctrine because if the constitutional Council is the instigator of the constitutional case law reversal, the doctrine acts as a revealing party
Lucas-Alberni, Katia Sudre Frédéric. "Le revirement de jurisprudence de la Cour européenne des droits de l'homme /." Bruxelles : Bruylant, 2008. http://catalogue.bnf.fr/ark:/12148/cb41418461r.
Full textCagnon, Bérengère. "Les revirements de jurisprudence de la Cour de cassation." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3036.
Full textCase law reversal is an intricate ruling, frequently misidentified and recollected far more for the shortcomings it causes than for the improvement it brings. While the doctrinal debate on this topic goes back a long way and seems unfathomable, new methods used by the “Cour de cassation” open new perspectives. The Court may now speak freely about its reversal rulings. Thus, reading of judgements, organic doctrine, and preliminary work allow delineating the reversals and differentiating them from the other judgements. The reversal then appears as a transition between two states of positive law where the case law rules resolutely fits. This transition, justified by internal or external motives specific to the “Cour de cassation”, cannot be very clearly identified because case law, by its very nature, involves an element of uncertainty. Nonetheless, the use of a body of clues improves its definition. Once the reversal has been identified, its impact can be handled. For the past few years, the “Cour de cassation” has been remarkably adjusting the effects mentioned above over a period of time. However, this solution is not the only one available to magistrates and also insufficient to frame up all reversals in a satisfactory way. It is therefore necessary to draw up a genuine law on case law reversals
Tascher, Maiwenn. "Les revirements de jurisprudence de la Cour de Cassation." Phd thesis, Université de Franche-Comté, 2011. http://tel.archives-ouvertes.fr/tel-00790014.
Full textPros-Phalippon, Chloé. "Le juge administratif et les revirements de jurisprudence." Thesis, Saint-Etienne, 2014. http://www.theses.fr/2014STETT112.
Full textBorn out of the tension between legal certainty and the need for case law to evolve and adapt is the reversal of precedent. For a long time, the administrative judge only examined it in light of the problem at issue, on a case-by-case basis, without any clear methodology.But times have changed. Since the beginning of the years 2000, we have witnessed a new development, tied to the growing importance of the principle of legal security — with a series of new decisions which would eventually change the law. The administrative judge progressively abandoned his case-by-case analysis in favour of a toolbox based on an overall approach. This methodology has all the characteristics of a judicial policy (“politique jurisprudentielle”), meaning it reflects a choice, fulfills a need, and seeks to bring more coherence. The administrative judge chooses to assume his capacity to create law, while taking responsibility for departing from stare decisis. Because such a departure undermines legal certainty, he nevertheless acknowledges the need for the retroactive effects of his decisions to be adapted. Judicial policy is symptomatic of how the administrative judge understands his role. Not only can he create law, but, by limiting what happens when overturning a precedent, the administrative judge also shows his capacity to control its effects. It is important, however, not to overestimate its impact. For this judicial policy has not led to a higher rate of reversals of precedent. In practice, little has changed. On a symbolic level, however, how this judge sees his function vis-a-vis the Conseil constitutionnel and EU law has changed a lot
Pontif, Valérie. "La sécurité juridique et le droit du travail." Paris 10, 2011. http://www.theses.fr/2011PA100044.
Full textConnection between legal certainty and labour law is not striking at first. Indeed, many scholars assert French labour law is wholly uncertain. Such assertions to be proven need first to determine what, legal certainty means. In a second time, one could analyse its implementation in labour law. Legal certainty has been first discovered in E. U. And European law. But this concept is rather rare in French labour law and in jurisprudence. But it is more and more called by scholars in their study. Some provisions are now aimed to ensure legal certainty for companies and workers. In French labour law, legal certainty should be regarded as an idea, not a principle. Legal certainty aims to set a guarantee for companies and workers. Indeed legal certainty means that law should be foreseeable and accessible for them. Many scholars consider though that judicial overruling creates legal uncertainty. But such an assertion has to be discussed. Firstly, many others legal instruments constitute obstacles for legal certainty. Secondly, Parliament and judges prone to guarantee legal certainty. On the whole, if no one can say that French labour law is uncertain, it can be observed that legal certainty is not fully implemented
Hortala, Solenne. "Les obiter dicta dans la jurisprudence civile de la Cour de cassation : étude de la jurisprudence civile." Electronic Thesis or Diss., Toulouse 1, 2017. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247191772.
Full textThe obiter dictum is a little known figure of the civil case-law of the Court of cassation. Yet, its presence amongst cases is regularly acknowledged, and even questioned by legal scholars. Better known by supranational courts or the institutions of superior courts of Public Law, its existence remains unsettling. It was, thus, necessary to better understand the reservations towards this object, and then observe what makes the specificity of the obiter dicta of the Court of cassation as well as to try to identify this phenomena. Once the consciousness of the existence and the specificities of this process had been acquired, its notion could be studied. The obiter dictum of the Court of cassation had to be distinguished from its counterpart that remains inherent and indispensable to the Common Law. Although the designation is identical, the reality they encompass varies. After having, also, separated the obiter dictum from other elements of the discourse of the Court of cassation, a definition was proposed by combinning two criteria : the insertion of an utterance within the decision and its extrinsic nature regarding the decisional field. The study of the status of the obiter dictum revealed its true nature of a tool. The practice of this instrument by the cassation judge needed to be detailed, whilst equally taking into account the contemporary reflections surrounding the reform of the Court of cassation in order to consider what would become of the obiter dictum. The observation of its functions allowed us to shine a light on its anticipatory role. If the obiter dictum seems to be a useful instrument serving the jurisdictional missions of the cassation judge, its virtues are not without limits. It cannot be thought of as a systematic remedy to the negative effects of courts overruling. A precious tool in the hands of the cassation judge, the obiter dictum appears, within the context of the questions regarding the opportunity and modalities of a reform of the Court of cassation, as an instrument searching for/in search of equilibrium
Hortala, Solenne. "Les obiter dicta dans la jurisprudence civile de la Cour de cassation : étude de la jurisprudence civile." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10047.
Full textThe obiter dictum is a little known figure of the civil case-law of the Court of cassation. Yet, its presence amongst cases is regularly acknowledged, and even questioned by legal scholars. Better known by supranational courts or the institutions of superior courts of Public Law, its existence remains unsettling. It was, thus, necessary to better understand the reservations towards this object, and then observe what makes the specificity of the obiter dicta of the Court of cassation as well as to try to identify this phenomena. Once the consciousness of the existence and the specificities of this process had been acquired, its notion could be studied. The obiter dictum of the Court of cassation had to be distinguished from its counterpart that remains inherent and indispensable to the Common Law. Although the designation is identical, the reality they encompass varies. After having, also, separated the obiter dictum from other elements of the discourse of the Court of cassation, a definition was proposed by combinning two criteria : the insertion of an utterance within the decision and its extrinsic nature regarding the decisional field. The study of the status of the obiter dictum revealed its true nature of a tool. The practice of this instrument by the cassation judge needed to be detailed, whilst equally taking into account the contemporary reflections surrounding the reform of the Court of cassation in order to consider what would become of the obiter dictum. The observation of its functions allowed us to shine a light on its anticipatory role. If the obiter dictum seems to be a useful instrument serving the jurisdictional missions of the cassation judge, its virtues are not without limits. It cannot be thought of as a systematic remedy to the negative effects of courts overruling. A precious tool in the hands of the cassation judge, the obiter dictum appears, within the context of the questions regarding the opportunity and modalities of a reform of the Court of cassation, as an instrument searching for/in search of equilibrium
Marotte, Julien. "L'incompatibilité des décisions de justice en droit judiciaire privé interne, européen et international." Paris 10, 2001. http://www.theses.fr/2001PA100158.
Full textThe multiplicity of appeals to judges, arbitrators or settlements leads to a prolifération of legal decisions, sometimes taken with regard to identical issues. Occasionally, it can happen that some of these decisions resolve differently the issue put before the respective deciding bodies. The incompatibility of legal decisions stems from this disparity of solutions applied to one question. The incompatibility of legal decisions is a general phenomenon which, in the field of private law, goes beyond mere hypotheses of contrary and irreconcilable judgments or diverging case law. There may be inconsistency between French and foreign judgments, but also where there is a settlement, which constitutes a legal decision on the parties' initiative. The consequences of this inconsistency are cause for concern. The incompatibility of decisions, which amounts to a denial of justice. Leaves the individual uncertain of the extent of his personal rights. There is a risk of failure to obey incompatible decisions and even the law itself In addition, this situation appears to be contrary to the legal concept of law and order (Fïrst Section). The reactions which positive law opposes to the inconsistency of legal decisions do not appear to be sufficient in dealing with the threat caused by the incompatibility of decisions. Although there are numerous preventive mechanisms, thev are oftentimes ineffective, due to the fact that, regrettably, they are generally optional. The corrective mechanisms do not always remove the inconsistency, particularly when there is an international dimension. The choice of a decision by virtue of the criterion prior tempere potior jure, the extension of the appeal based on Article 618 of the New Code of Civil Procedure, tends to favor incompatibility (Second Section)
Connil, Damien. "L'office du juge administratif et le temps." Pau, 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%3D108.
Full textThe relationships between the office of the administrative judge and time differ depending whether the judge's office is considered in its juridictional or jurisprudential dimension. Time appears to be an essential element of practice or even of the definition of the judge's office, but in various forms and on various levels. And that is precisely the multiplication of meeting points between the administrative judge's office and time which enables to demonstrate the fundamental place of the time element in the heart of the judge's office. Furthermore, the time factor has become the fundamental element in recent years. Besides, research also shows the administrative judge's effort in that matter. If the question of time illustrates the modern changes of administrative justice, symmetrically, the conception the judge keeps of his office alters the way he takes the time factor into account. The administrative judge has become an efficient realistic judge, not only just the guardian of Administration's prerogatives but a judge in search of a delicate balance between satisfying the public interest and taking particular interests into account, between the principles of legality and legal security, between the demands of administrative action and the respect of citizens' rights, a judge heedful of Law as it lives and as it is lived
Dufour, Gwenaëlle. "Sécurité juridique et règles de droit : illustration en droit des contrats." Lille 2, 2005. http://www.theses.fr/2005LIL20024.
Full textThe foreseeability of rules that are laws and legal decisions is the backbone of legal certainty. Despite it is not enshrined as a core principle in the French legal system, it does nonetheless exert an influence on it. More precisely, legal certainty may be seen as a rule for the building and the application of the rules of law. In a static approach, legal certainty involves that the contracting parties are aware of the enforceable rules, failing which they are in a situation of legal uncertainty. The rules take this situation into account insofar as they recognise the rightful ignorance of a contracting party. From a dynamic point of view, legal certainty implies that the contracting parties are able to foresee the rules to come. Unforeseeable rules, that cause legal uncertainty are dealt with through the search for foreseeability in rule changes as well as the adjustment of their enforceability through time
Tchen, Vincent. "Les revirements dans la jurisprudence administrative du Conseil d'état." Paris 13, 1994. http://www.theses.fr/1993PA131033.
Full textThe Conseil d'État wields its law making power through the choices it makes in its judgments which choices it is bound to justify and support by references, examples and reasonings. Any reversal of position must fulfill a specific general need or purpose and must not result solely from the judges personal freewill. An analysis of the case law of the Conseil d'État shows that there are general principles which serve as guidance to the introduction of changes. A theoretical approach thereof is possible. The study of this cas law denotes that the path to change is difficult and that the requisite ways and means for attaining it are complex. It also shows that initiative toward reform is taken resolutely. Finally, when entering a judgement which is a breakthrough, the Conseil d'État is careful to draw a definition of the theoretical which will serve as a basis for the new rule and without which such decision would not have a value as precedent and the rule would not stand firmly. Thereafter, it is important for the administrative judges to ensure that the following judgements illustrate and refine the theoretical construction of the precedent and specify the scope and meaning thereof in a detailed manner
Le, Berre Hugues. "Les revirements de jurisprudence en droit administratif (conseil d'etat et tribunal des conflits) de l'an viii a nos jours." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32000.
Full textThe reversals of case law in administrative law, whose existence has an incidence on the normativity of the decisions given by the court, are determined by the deliberate opposition between two overruling solutions. Some difficulties appear concerning their knowledge by the doctrine, which, besides, sometimes criticizes them. Their causes, and what puts them in concrete form, must be considered before a study of the importance of the phenomenon
LeBerre, Hugues. "Les revirements de jurisprudence en droit administratif de l'an VIII à 1998 : (conseil d'état et tribunal des conflits) /." Paris : LGDJ, 1999. http://www.gbv.de/dms/spk/sbb/recht/toc/293024235.pdf.
Full textKamal, Mathilde. "Le Conseil constitutionnel et le temps." Thesis, Montpellier, 2018. http://www.theses.fr/2018MONTD001.
Full textUsually promoted as a “Time Master”, the Constitutional Council is in a more complexrelationship with temporality. As to the Council, Time is both a constraint and a resource. Timeis first a constraint because it ties the constitutional trial in very short delays, either that theCouncil rules a priori or a posteriori. Years passing by, the Council has nevertheless dealt withthe constraint, managing to rule “on time”, developing methods to tame the temporal constraint.On the other hand though, Time can be considered as a resource, expressing itself in theconstruction of an innovative jurisprudence that aims to frame the temporality of laws or in theupgrowth of a jurisprudence linked to the modulation of the time effects of its rulings. Thisstudy underlines such a polarized relationship between “Time-constraint” and “Time-resource”