Dissertations / Theses on the topic 'Union européenne – Règlements et procédure'
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Pamart, Joëlle. "Le temps dans la procédure préjudicielle devant la Cour de justice de l'Union européenne." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020015.
Full textAs a non-litigious court procedure, the reference for a preliminary ruling is a legal remedy that enables any national court or tribunal to refer questions to the Court of Justice of the European Union on the interpretation of Union law and on the validity of acts of the European institutions. Upon discretion of national courts, or sometimes imposed to them, this procedure is not locked up within any particular time frame. This raises the question of time, which may be regarded from different points of view, whether it is one of the parties, of the national court at the origin of the referral, or of the Court of Justice in charge of the processing. The subject is both recurrent and topical, since, in particular, the urgent preliminary ruling procedure has recently emerged and because the statistics of the Court of Justice show constant and countless efforts to reduce the length of the proceedings. Similarly, the new Rules of Procedure of the Court of Justice endeavour to make this procedure as fast as possible.The preliminary ruling procedure is particularly suitable for a study introducing the temporal dimension for many reasons. To mention only one: the time for the preliminary ruling procedure comes in addition to the national duration of the trial. This suggests many lines of thought, considering the position of the referring court, within its order, and depending on the different types of courts in general. The goal of the reflexion is not of explaining the preliminary ruling procedure solely by temporal considerations, but of observing this procedure taking into account the different ways in which time, in the legal sense of the term, plays a role in this procedure.This thesis thus develops two main ideas: the taking into account of the prejudicial time by the national courts (or judges) (part I) and the taking into account of the prejudicial time by the Court of justice (part II)
Koutsouraki, Eleni. "Les droits des demandeurs d'asile dans l'Union européenne et leur condition en droit comparé (France, Grèce)." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020009.
Full textThe crisis of asylum law within the European Union is currently the subject of recurring concerns. In addition to that, people who seek protection in the "area of freedom, security and justice" of the European Union, face another crisis, that of the right to asylum. Following this observation, it seems relevant to consider the rights of asylum seekers under the Common European Asylum System (CEAS). More specifically, we study the effectiveness of rights before the obstacles of access to the European Union and its Member States’ asylum procedures, the rights related to the procedure for examining asylum applications and the rights accorded during this examination. The protection of these rights, in addition to the traditional problem of the implementation of international commitments at national level, was faced with a new regional system as well as an ambiguous harmonization. Through the study of human rights, this research aims to demonstrate the causes of the crisis, to propose possible solutions oriented to the respect of international law and contribute to the improvement of the status of asylum seekers in the European space. To this end, our approach is also comparative because the examination of two concrete examples is useful for analysis, reflection and finally evaluation of the CEAS, which began to distribute the burden in the European Union by the Dublin mechanism before the examination procedures and reception conditions in the member states have been harmonized. A comparative law analysis between two member states, France and Greece, it seems to be necessary in order to demonstrate the current challenges of European harmonization on asylum and illuminate the challenges of rights’ protection.Keywords :
Clivaz, Gabrielle. "La notion de centre des intérêts principaux : Réflexion à partir du Règlement CE 1346/2000 du 29 mai 2000 relatif aux procédures d’insolvabilité." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10033/document.
Full textIn the era of globalisation and permanent growth of trade between States, the matter of cross-border insolvency has become an issue of choices at the heart of a system that shows multiple failures. The market rules are no longer governed by a territory or a State, but truly by an economic area that extends far beyond the borders of France. The EC regulation 1346/2000 on insolvency proceedings that came into effect on the 31st of May, 2002 is the first achievement on this matter for the European Union. It apprehends cross-border insolvency while successfully articulating both the universal and territorial proceedings as well as binding jurisdiction with the applicable substantive law. The lex fori concursus with its universal scope is designated by the sole criterion of applicable jurisdiction for initiating the main procedure of insolvency: the debtor's centre of main interests. As an autonomous and undeniably central concept, it has no settled definition. The understanding of the centre of main interests concept which supposedly coincides with the registered office for the legal person debtor, has been put in the hands of Court over the years. Such definition is still not covered in Article 2 of the 1346/2000 regulation. However, this turns out to be an advantage on an international dimension when the concept of centre of main interests tends also to be considered on a world-wide basis
Marechal, Romain. "La bioéthique et les contradictions normatives du droit international." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1058/document.
Full textBioethics in the field of human rights is a recent corpus of the international law. Biolaw instruments' had been elaborated at the crossroads of several normative orders.Their implementation requires the mobilization of a multitude of regulation systems. In the context of a crisis of legal regulation and considering the complexity and fragmentation of international law, this thesis suggests reconstructing a unified ontology of international law based on a critical appreciation of positivist epistemology. Bioethics, conceived as a critical discipline used to question principles which orient and justify human actions, reveals normative contradictions embedded in the structure of legal systems. Based on the study of conflicts between ethical values or between fundamental rights, norms conflict, conflict between legal systems and after having analyzed the methods used by international institutions to neutralize or resolve such contradictions, this thesis demonstrate the necessity to conceive international legal order as a dynamic system composed with heterogeneous norms and institutions linked by legitimacy and effectivity relationships. The evolution of international law can be characterized by non linearity and constitutionalization of international legal order appears as a dialectical process which requires the intervention of multiple international institutions and legal sub-systems
Richard, Alexandre. "Procédure en manquement d’Etat et protection des droits fondamentaux dans l’Union européenne." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020015.
Full textSince the Lisbon Treaty has come into force, the Charter of Fundamental Rights of the European Union has acquired binding force. As primary law, its provisions are considered as “an obligation under the Treaties”, as it is stated in the article 258 of Treaty of the Functioning of the European Union. Nevertheless, while the infringement proceedings aims at ceasing breaches of EU law by Member States, the main actors of this procedure seem reluctant to bring a case before the Court of Justice when a Member State fails to fulfil its obligations under the Charter. Different characteristics of the infringement proceedings and the fundamental rights may deter Member States and European Commission from bringing such a case before the Courte of Justice. Moreover, the Court of Justice has to take into consideration fundamental rights when they are invoked by Member States as defences in an infringement proceedings. But procedural considerations and fundamental rights’ attributes may prevent the judge from examining human rights’ defences. In each case, this is about assessing adequacy of infringement proceedings to guarantee the enforcement of fundamental rights
Langlais, Peter. "Sécurité maritime et droit de l'Union européenne." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020079.
Full textAs a new level of regulation, European Union law appears both as the product of and catalyst for territorialisation and regionalisation of the governance of maritime spaces and activities. The human, economicand environmental challenges of maritime safety have made its legal order a privileged scene for the confrontation between the liberal traditions of the maritime sectors and the need for regulation by the public authorities with a view to preventing, limiting and compensating damages of any kind that may result from an accident. The European Court of Justice has thus proposed the terms of an unprecedented reconciliation between the traditional principles governing maritime liability regimes as organised by international law on the one handand the new principles of environmental law on the other hand. As a result of European integration, maritime safety requirements are gradually harmonizing at theregional scale, limiting the legislative competition between EU Member States while acting as flag or port authorities. By coordinating the position of EU States in international forums, the European Union succeeds in orienting international law dealing with maritime safety: it thus contributes to temper external legislativecompetition. Without a positive harmonisation in the field of taxation and social protection of seafarers, the convergence of EU Member States law results from an alignment with international practices. Similarly, whereas the commercial attractiveness of its internal market would allow it, the European legislator has so far made limited use of economic incentives. European integration has also led to the creation of a regional cooperation framework built around a dedicated regulatory Agency, in addition to an organisational and functional rapprochement of the national maritime administrations, resulting in a gradual homogenisation of European administrative practices,particularly in the field of port controls, licensing of recognized organisations acting on behalf of the flag State,mutual recognition of maritime diplomas and certificates, etc. This co-operation gives extended application to European requirements, although their singularity in relation to international law remains strategically limited
Czeszejko-Sochacki, Wiktor. "La faillite dans le système juridique polonais et français au regard du règlement communautaire." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020034.
Full textBankruptcy of legal entities has always been an element of global economy. The issue of insolvency has also been present since the beginning of intracommunity trade. The European Union has been trying to arrange the social and economic life of the Member States in a uniform manner, in particular by developing and implementing legislation supporting them operations in the reality. The social and economic reality of the Member States are subject to material changes, in particular with respect to bankruptcy. The success of the European Union consists in its ability to adapt to the changing environment by general regulations applicable to legal entities in the Member States, leaving more complex and detailed regulations to domestic regulations. As a result, varied legal systems were unified by imposing general Community regulations. The increasing risk of bankruptcy or reorganisation of enterprises functioning in more than one EU country (groups of companies) forced the legislator to develop bankruptcy law at the European level. This paper analyses the Council Regulation (EC) No. 1346/2000 of 29 May 2000 on insolvency proceedings which is the first and only EU legal act regulating the issue of bankruptcy in a general manner. Why should the bankruptcy laws in Poland and in France be analysed in parallel? Since France is one of the most important founder countries of the European Union and Poland is the largest country (in terms of its size and number of inhabitants) among the new members of the European Union that joined in 2004
Clinchamps, Nicolas. "Parlement européen et droit parlementaire : essai sur la naissance du droit parlementaire de l'Union européenne." Paris 1, 2002. http://www.theses.fr/2002PA010289.
Full textBoskovits, Kosmas. "Le juge communautaire et l'articulation des compétences normatives entre la communauté européenne et ses états membres." Université Robert Schuman (Strasbourg) (1971-2008), 1998. http://www.theses.fr/1998STR30006.
Full textThe object of this study consists in examining the case-law of the Court of Justice of the European communities relating to the demarcation of normative competences between the Community institutions and national authorities. Within the community legal order, the Court of Justice assumes the functions of a Constitutional court invested with the task of umpiring the proper balance of powers between the Community and its component entities. The first major aspect of the case-law concerns the contribution of the Court of Justice to the formation of a global system of competences which facilitates the effective attainment of the objectives set out by the EC treaty. The second major feature of the judicial umpiring of the division of powers concerns the decisive role played by the Court of Justice in safeguarding the essential checks and balances inherent in the Community system
Kamwe, Mouaffo Marie-Colette. "Droit de confidentialité et droits de la défense dans les procédures communautaires de concurrence : Union européenne (U.E.) et Communautés d'Afrique subsaharienne (UEMOA et CEMAC)." Montpellier 1, 2007. http://www.theses.fr/2007MON10005.
Full textVassilopoulos, Christos. "La compétence extérieure de l'Union et des communautés européennes à travers la jurisprudence de la CJCE et du TPI des CE : mécanismes juridictionnels et substance du contrôle." Paris 2, 2003. http://www.theses.fr/2003PA020041.
Full textPons, Myriam. "L’Union européenne et la sécurité des transports maritimes de marchandises et substances dangereuses." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1012.
Full textMaritime transport has strategic importance for the economy of the European Union. Each year, one billion tons of oil pass through the ports and waters of the EU. Two billion tons of goods are loaded and unloaded in its ports. Because of the disastrous consequences the sinking of Amoco Cadiz has had on the environment and economy, the European Union continues to develop and strengthen its policy on maritime safety in order to put an end to substandard shipping, primarily through the effective application of international rules. Since 1993, the European Union and its Member States are at the forefront improving legislation on the safety of maritime transport of dangerous goods and substances, striving to eliminate substandard ships, increase protection of the crew, reduce the risk of environmental pollution. The EU is insuring operators who are following the best practices, compared to those who are willing to take shortcuts with the safety of ships, are not commercially disadvantaged. Accidents of the Erika and Prestige encouraged the EU to radically reform its legal system and to adopt new rules and standards for the prevention of accidents at sea, particularly those involving tankers. For more than thirty years the European Union has not stopped to strengthen and to improve its legislation in order to better protect itself against the risks of pollution due to maritime transports of dangerous goods. It has updated its regulation consecutivly to several accidents which damaged its coasts ; that is why the safety of maritme transport will always be evolving
Jeanne, Aimée. "L'intégration négative des marchés aux Etats-Unis et dans l'Union Européenne." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010288/document.
Full textThe establishment of an internal market results, in legal terms, from a dual mechanism: a mechanism of negative integration and a mechanism of positive integration. Negative integration refers to the prohibition addressed to the States and their local authorities, ta impede interstate movement of goods, persons, service and capital. The U.S. Constitution and the Treaty on the Functioning of the European Union contain provision allowing the integration of state markets. The Supreme Court and the Court of Justice of the European Union have played, in this context, a major role in specifying the meaning ta be given ta these provisions. They have in this regard, developed a similar framework to identify measures that are likely to restrict freedom of movement and ta examine whether such measures could be justified by a legitimate interest of the States. They way left to the States differs, however, substantially since the goals of negative integration are only partially identical. American case law is, indeed, essentially based on the anti-protectionist doctrine while F.U case law is based on a more dynamic principle of market liberalization. This difference is indicative of different approaches regarding the purposes of each Union and the roIe of the judge. The U .S. judge ensures, above all, that the division of competences, as provided by the Constitution, is enforced whereas the role of the ECJ is essentially to guarantee market integration
Pignarre, Pierre-Emmanuel. "La Cour de justice de l'Union européenne, juridiction constitutionnelle." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020018.
Full textThe Court of Justice of the European Union (CJEU) is the judicial institution that nowadays garners the most attention from scholars. One could even claim that, after the Supreme Court of the United States, it is the most studied judicial organ in the world. This research aims to demonstrate that the CJEU is a constitutional court. First of all, the CJEU enjoys constitutional legitimacy that extends to its Members as well as its procedure. The appointment procedure and the function of the Members of the CJEU shape its subjective constitutional legitimacy. A thorough exploration of the rules of procedure leads to the finding that the process before the Court of Justice of the European Union has the trappings of a constitutional process. The latter give form to the objective constitutional legitimacy of the CJEU.The jurisdiction of the Court of Justice can be qualified as constitutional because it has powers which are traditionally vested in the constitutional judge. The CJEU reviews the conformity of both national and European acts with European Union law lato sensu, which is analogous to the constitutional review exercised by national constitutional courts. Secondly, it scrutinizes the horizontal and vertical distribution of powers, which is a typical attribute of constitutional judges in federal states. Finally, the constitutional similarities can be found in the realm of fundamental rights protection: the judge of the European Union ensures that these rights, of which he/she is the authentic interpreter, are upheld within the legal order
Belveze, Corinne. "Construire une influence dans les interstices de l'Union Européenne.Mobilisation et place des collectivités territoriales européennes dans les textes adoptés en procédure législative ordinaire (paquets "économie circulaire" et "énergie propre pour tous les européens")." Thesis, Paris Est, 2020. http://www.theses.fr/2020PESC1020.
Full textDo local and regional authorities have an influence on texts adopted in ordinary legislative procedure at European level? Focusing on energy and waste and adopting a definition of influence as the extent to which authorities are taken into account in the successive drafts, the thesis follows the way in which this type of actors mobilizes and tries to influence the Community legislative process throughout its development (from its preparation within the European Commission to trilogues and the adoption of texts). To do so, it relies on a methodology centered on "text writers" and combining process-tracing, attributed influence and textual analysis.Our research shows that, depending on the case at stake, local and regional authorities can be more or less influential, at all levels of the legislative process, and are not necessarily supported by the Commission or the Parliament as an institution. If certain political groups, segments of the Commission or Member States seem more inclined to give them their support depending on the issues (with variability including within each sector), the authorities are actually faced with two obstacles: the interpretation of the principle of subsidiarity by legislators and the objective of a competitive European internal market.In cases where we find, despite of these obstacles, a strong influence of local and regional authorities, we identify specific formulations in legislative texts that make it possible to circumvent these obstacles, and which we have called "editorial parries". We highlight two types of them in our case studies: “parries by mixing”, which consist in integrating local and regional authorities into a larger private category, and “parries by invisibizing”, which avoid mentioning authorities and their role. These "editorial parries" suggest that local and regional authorities enjoy a step-by-step and relatively low profile influence in the texts, but still real
Ilieva, Mihaela. "La protection des consommateurs et les droits fondamentaux dans l’Union européenne." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020002.
Full textThe study of the interactions between consumer protection and fundamental rights reveals the positive integration of these rights into the European Union’s policies. In the field of consumer protection, the integration consists in the recognition of fundamental rights and in their judicial application. Among the fundamental rights recognised to consumers emerge the right to data protection, the right to information, the right to non-discrimination, as well as the right to effective judicial protection, for instance. These rights display as tools and objectives for the implementation of the EU’s consumer protection policy and play a major role in defending vulnerable consumers. The integration of fundamental rights in the field of consumer protection also consists in their judicial application. The European Court of Justice’s consideration for fundamental rights contributes to guaranteeing the effective protection of consumers, and - consequently - strengthens their protection. The judicial application of fundamental rights is, however, also source of conflicts between various rights and general interest objectives
Hristev, Hristo. "Le développement de la construction européenne et l'affirmation d'une compétence communautaire en matière pénale." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0378.
Full textThe present thesis focuses on the assertion of Community competence in criminal matters. It aims not only to answer the question as to how the European integration process allows room for the recognition of a power of the European system in the field of criminal law, but also to shed light on the various aspects of the above-mentioned competence.The first part of the study revolves around the problem how the two essential factors leading to the recognition of a Community competence in criminal law brought about an effect of framing criminal sovereignty as towards the Member States of the European construction. This phenomenon manifests itself in two aspects. On the one hand, the principles of the application of European law alongside the functioning of the European integration system together play a very important role in limiting the sovereignty of the Member States in the field of criminal law. On the other hand, the important matter of using the set of legal tools of the European integration to combat cross-border criminality, resulted, despite the lack of common will to make explicit conferral of competence in the field of study, in the establishment of the Third Pillar as a specific European legal framework in criminal matters.It is the recognition of power of intervention of the European integration system in criminal law matters that is analysed in the second part of the present study. This recognition is conditioned by two main factors - the effective implementation of European integration law and the need to use the integration legal tools to combat cross-border criminality. It also made a constructive attempt to clarify the nature and the conditions of the exercise of the abovementioned competence. In this aspect, the two sources of the assertion of a Community competence in criminal matters and the precise legal expressions of this process are examined in the first place. Thus, the dialectical interconnection between the development of the European legal construction as a new form of public regulation and the recognition of the power of the European community to intervene in criminal matters is demonstrated. In a second step, the legal provisions of European competence in the field of criminal law according to the Treaty of Lisbon are analysed in depth. This shows the legal understanding of European competence in the field of criminal law and allows a positive conclusion on the originality of the European integration system as a federation of an unseen kind to be drawn. In this respect, the present study establishes that the assertion of a Community-based competence in the field of criminal law is an emanation of the peculiar nature of the European construction, a function of the deepening of the European project and of the consolidation of the integration system as a new form of public power
Auber, Emmanuel. "Analyse comparative de la répartition des compétences dans l'Union européenne et dans la fédération des États-Unis d'Amérique." Paris 2, 2007. http://www.theses.fr/2007PA020025.
Full textIssa, Numeir. "Système politique et délibération au Parlement européen, du Traité de Nice au Traité de Lisbonne." Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10020.
Full textThe European Parliament is a supranational assembly elected at direct universal suffrage, which is central in the Community's political system. It builds legislative norms together with the Council, which have a direct impact on the States and on the citizens of the European Union. This thesis dissertation studies the deliberation issue in the European Parliament, i.e. the growing weight of the Assembly within the European Union. The aim is to analyze how the European Parliament has won this place and such an influence in the European Union's political system in the period between the Nice and Lisbon Treaties. Today, the European Parliament is part of the European decision through the deliberation of the MPs of the 28 states : it established itself as a co-Legislator, on an equal footing with the Council into the legislative procedure; it also has a budgetary power and a major function of democratic control over all European authorities. This rise of the European Parliament's power led to a modification of its relation to the Commission and to the Council and to a greater influence in the elaboration and implementation of the EU's policies. This institutional role has been significantly reinforced by the Lisbon Treaty. The growth of the assembly's powers, the affirmation of its role within the institutional triangle and the reinforcement of the national Parliaments at the European level can be considered as major evolutions of the Union's political system towards parliamentarization. Despite the constraints weighing on its work, the European's Parliament has a genuine organizational autonomy and it deliberates efficiently
Mainnevret, Romain. "Le contrôle juridictionnel du respect par les États membres des droits fondamentaux garantis par l'Union européenne." Thesis, Reims, 2017. http://www.theses.fr/2017REIMD009.
Full textThis thesis demonstrates the existence of a genuine judicial review of compliance by Member States regarding fundamental rights guaranteed by the European Union. It is based mainly on the reasoning that this control has been reinforced, in line with the integration process characterizing the Union's legal system; French law, as a constituent right of this system, is studied. Historically, the Court of Justice started to produce the reference standards for control by means of the reference for a preliminary ruling, allowing them to progressively emerge, adhering to the scope of EU law. This framework is, in principle, the scope of its exercise. The integrative strengthening of the review, inseparable from these legal bases, entails the entry into force of the Treaty of Lisbon and the binding legal force of the Charter of Fundamental Rights.. The recognition of review in “dispositional” law is a strong illustration of this. It has continued with this expansion, initiated by this treaty, and also brought about by different judges within the Union’s legal system. This has weakened the principle of its exercise within the scope of the Union’s law. Furthermore, this strengthening has been amplified by an overall consolidation of the courts’ review function. Indeed, it’s common law judges – in principle, ordinary national judges – who operate as a review on developments, in particular; a contrario, the Court of Justice has not had much of a chance to do so within the framework of this action, failing to fulfil its obligations. Yet, - the demonstration continues – new review bodies emerge. These will be the constitutional judge, and in the longer term, the European Court of Human Rights
Thiam, Sangoné. "Droits de la défense et enquête policière." Thesis, Pau, 2018. http://www.theses.fr/2018PAUU2034/document.
Full textDid the person who dared to infringe a value criminally protected by the society deserve any defense from that latter? This defence has been controversial for a long time, while some have been in favor, others have been resolutely hostile. The compromise consisted in refusing the rights of the defense in the police investigation by adopting an inquisitorial system and devoting them largely in the judgment phase with an adversarial system. This diversity of the procedure seems a priori to answer the conflicting interests at the heart of the criminal proceedings. But in the light of fundamental rights and under the influence of international and European provisions, this conception of procedure becomes inappropriate. The rights of the defense, as well as the rights to fair trial must no longer be limited, they must govern the entire procedure from the police investigation to the trial stage. How would rights that initially applied only before an independent and impartial jurisdiction break into the police investigation without the existence of a judge providing guarantees equivalent to those of the trial court? If the legislator first introduced the rights of defense in the criminal investigation phase, the decline of the latter in favor of the police investigation should push him to extend them. In fact, this is what he has started to do, but in a timorous way. Not only does the effectiveness of the rights of the defense in the police investigation require to be enlarged, but it also allows putting in place an independent and impartial judge responsible for ensuring their full implementation as in the trial stage. A jurisdictionalization of the police investigation is now a requirement
Morin, Marie-Eve. "Le système pénal de l’Union européenne." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0392/document.
Full textDefined by the Europe court of human rights (ECHR), the EU extend its scope of action beyond the definition of « penal » as found in the EU law. Seen as a whole, taken the characteristics and models of already existing law systems, the different elements of the EU law scope can be put together like a jigsaw puzzle, revealing pieces after pieces the general picture. The penal scope of the EU isn’t just about regulations anymore. It acts as a legal system - a set of elements interacting with one another, evolving in set environment, structured to meet set up goals, taking action on its environment and evolving with time without losing its identity/nature. Its penal ideology and restrictive tendencies are not innovative, but its structure, on the other hand, replicate the atypical trait of the EU
Clausen, Freya. "Les moyens d’ordre public dans le contentieux relevant de la Cour de justice de l’Union européenne." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020037.
Full textGrounds of public policy are of fundamental importance in legal proceedings before the Court of Justice of the European Union (CJEU). They may be defined as grounds intended to safeguard the fundamental rules and values of the European legal order. They pursue a resolutely objective aim and are intended to maintain the allocation of judicial and decision-making powers, to uphold the procedural requirements of all proceedings, to uphold fundamental rights which are essentially procedural in nature, and even to protect the substance of certain legal norms. In the objective interest of the general public, they are intended to safeguard the constitutional balances forming an integral part of European construction by ensuring the participation of every party in the lawful conduct of proceedings. Grounds of public policy play a variable part in proceedings before the CJEU. They are imperative and binding upon both the Court and the parties. They must be examined and, where they determine the outcome of the proceedings, raised ex officio by the judge. However, the Court’s obligation is subject to some flexibility. Grounds of public policy may be raised by the parties regardless of general admissibility requirements. Whether they are raised ex officio by the Court or put forward by a party, such grounds must be subject to an exchange of argument between the parties. Thus, a recent line of case-law seeks to reconcile the rules governing grounds of public policy with the requirements of the right to a fair trial
Delile, Jean-Félix. "L’invocabilité des accords internationaux devant la Cour de justice et le Conseil d’État français." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0285/document.
Full textThis thesis analyses the invocability of International Agreements before the European Court of Justice and the French“Conseil d’État”. A convergence of the Case-Law of these Courts exists on this matter. On one hand, the constitutionalconditions for incorporation of Treaty rules are similar, owing to the common monist orientation of EU and FrenchLegal Orders. On the other hand, Direct Effect – ie the ability of a rule to grant substantive Right – is the main filter ofthe invocability of Agreements before the Courts of Paris and Luxembourg. The recognition of Direct Effect isdecided by a judge’s choice. And it appears that the methods of interpretation used by the French “Conseil d’État”,combining exegesis and teleology, are coming close to those advocated by the ECJ. In the Judicial Review, theconnection between invocability and Direct Effect can however be criticized, because the claimant doesn’t call for theapplication of one of his individual Rights, but for the legality control of a norm on the ground of another norm. TheECJ and the French “Conseil d’État” have indeed given some limited effect to the non-directly effective rules ofInternational Agreements, for example by interpreting domestic law in conformity with this kind of Rules. Howeverthe impossibility to contest the violation of these Rules breaches certainly the Rule of Law. Then, it is necessary tocreate a form of invocability based on the primacy, independent of the direct effect filter, allowing domestic Courts tostrike down legislation in cases of clear-cut, manifest breaches of these Rules
Amaro, Rafael. "Le contentieux privé des pratiques anticoncurrentielles : Étude des contentieux privés autonome et complémentaire devant les juridictions judiciaires." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D014.
Full textPas de résumé en anglais
Korotkina, Maïa. "La reconnaissance des qualifications professionnelles comme condition à l’immigration au Québec? : cadre juridique et enjeux politiques d’une réforme de procédure en amont." Thèse, 2012. http://hdl.handle.net/1866/9669.
Full textCanada, Australia and the European Union represent among the most coveted destinations for the vast number of highly-qualified immigrants around the globe. Supported by national policies and initiatives seeking their integration, the increasing mobility of these workers nevertheless poses great challenges, as host countries strive to coordinate economic objectives with long-term demographic supply. The recognition of foreign qualifications consistently figures among the main stakes in the management of these migratory flows, imposing itself in the admission process to regulated professions in Quebec as in other provincial, national and Community jurisdictions. Our research aims at explaining the correlation between the economic selection model chosen specifically by Quebec and the laborious labour market integration efforts on behalf of the newly-arrived qualified immigrants. We examine the viability and usefulness of reforming the pre-migratory administrative procedure in permanent residency applications by including within it a mandatory credential assessment by competent regulatory authorities. Drawing upon legal arrangements to this effect in force in Australia and the European Union, we seek to determine whether the importing of such a rigorous selection process is realistic and desirable for the particular Quebec context.