Dissertations / Theses on the topic 'Voies de recours spéciales'
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Constant, Anne-Laure. "Les voies de recours spéciales en contentieux administratif français." Thesis, Rennes 1, 2016. http://www.theses.fr/2016REN1G020.
Full textIn France, all defendants have several remedies to contest an administrative judge's decision. If appeal and cassation complaints are the best known and the most used, there are six other remedies which can be qualified as « special » as they demonstrate a specific failure of the judicial function. Unlike common remedies which are a general criticism of the judgment, each special remedy relates to a particular error of the judge. Thefore, a defendant who applies one of these remedies is challenging not the whole judgment but its specific aspect, whether form or substance. However, by applying one of these remedies, the defendant is targeting the modification or revocation of the judgment.Frequently presented as a list of unusual remedies, the research shows that they actually follow a general pattern that allows one to consider them as a legal category of their own. Complementary to appeal and cassation complaints, this group system serves to highlight the existence of a general theory of remedies in French administrative law
Kircher, Tobias. "Le contrôle judiciaire des compensations de la perte des droits des actionnaires en droit allemand et français : Une analyse comparative avec égard spécial à la procédure dite SpruchVerfahren et au recours devant la Cour d'Appel de Paris." Paris 2, 2006. http://www.theses.fr/2006PA020079.
Full textGuigou, Marie-Sophie. "Le droit aux voies de recours hiérarchiques en matière civile." Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32023.
Full textThe appeal's right suffer about his constitutional and european aknowlegement absence. Nevertheless, this aknowlegement is temperated. In fact, the right of appeals can be considered like a fondamental right, through the “nullity appeal”. Consequently, how conciliate the right of appeals in civil law which protect the justiciable rights but, also delay the processe issue and effect the justice celerity? Can we do find a just stability between the respect of justiciable rights and the good performance of justice?
Orillard-Léna, Maud. "Les voies de recours en matière pénale : Essai d'une théorie générale." Paris 2, 2007. http://www.theses.fr/2007PA020023.
Full textCalvet, Charlotte. "Voies de recours et procédures de traitement des difficultés des entreprises." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10001.
Full textHoonakker, Philippe. "L'effet suspensif des voies de recours dans le nouveau code de procédure civile : une chimère? : contribution à l'étude de l'exécution provisoire." Université Robert Schuman (Strasbourg) (1971-2008), 1988. http://www.theses.fr/1988STR30008.
Full textThe subject of this thesis is the fight between the fundamental and traditional principle of the suspensive effect produced by the main french legal remedies (appeal, stay of execution, appeal on a point of law ("cassation") and its theorical exception, the provisional enforcement, which at the beginning was conceaved to respond creditors' needs and to hinder debtors' dilatory actions. There is no exhaustive study on the rules governing provisional enforcement which has only be considered as a direct inpugner of the suspensive effect of legal remedies intended either to neutralize it (part. I) or, at the opposite, to restore it (part. II). The final ascertainment is a manifest expansion of provisional enforcement turned out as a procedural mean towards judicial efficiency, so that nowadays, it has absorbed the principle it should only have derogate and one may wonder on its constitutional aspect. The position is blamable and for the seek of the judicial machinery there is an urgent need for a reform tending to revive the suspensive effect of the legal remedies
Campergue, Lucie. "L'erreur judiciaire dans le procès civil." Thesis, Toulouse 1, 2021. http://publications.ut-capitole.fr.
Full textLe résumé en anglais n'a pas été communiqué par l'auteur
Salhi, Karim. "Contribution à une théorie générale des voies de recours en droit judiciaire privé." Caen, 2004. http://www.theses.fr/2004CAEN0072.
Full textGatheron, Sandrine. "Les recours en interprétation en droit." Lyon 3, 2002. http://www.theses.fr/2002LYO33016.
Full textSierra, Puente Angélica Maria. "Une approche du contrôle des lois par le biais du "juicio de amparo directo" en matière pénale." Toulouse 1, 2002. http://www.theses.fr/2002TOU10014.
Full textMardon, Delphine. "Les voies de recours dans le droit de la Convention européenne des droits de l'homme." Thesis, Grenoble, 2013. http://www.theses.fr/2013GREND007.
Full textThe influence of the law stemming from the Convention for the Protection of Human Rights and Fundamental Freedoms no longer need to be demonstrated. This text provides people with an increased protection of their fundamental rights. This assertion can not be restricted to the rights that are clearly stated in the Convention or those that are drawn by the European Court of Human Rights thanks to its dynamic and evolutional interpretation. Remedies constitute a way to contest a judicial decision. On account of this definition, they do not correspond to a right directly protected by the European human rights system. That does not mean they are ignored by this system. On the contrary, European judges give their full attention to them. This thesis built up from the European decisions and judgments underscores the relations between the European Convention and remedies. It is therefore necessary to determine what kind of relations. If those two mechanisms have the idea of control in common, the European judges intervene only when the domestic proceedings in which remedies are brought is ended. This organization allows to highlight the way the European Court looks upon remedies when it carries out its own control. The way it grasps remedies is then not univocal. The European Court does not only control the enforcement of procedural guarantees of the Convention by remedies. These guarantees also are a means used by the European Court to ascertain the respect of all Convention rights. The discovery of these two aspects asks for a global qualification of the relations between the European Convention and remedies. Remedies’ use in the heart of the review of conventionality, as an instrument or an object, shows that these relations favour a mutual strengthening of remedies as well as the Convention rights system of protection
Kraba, Hania. "Les voies de recours à l'encontre des sanctions disciplinaires carcérales en droit français et canadien." Thesis, Nice, 2014. http://www.theses.fr/2014NICE0037.
Full textClosely intertwined with the rights of detainees, the issue surrounding penitentiary disciplinary sanctions has taken a prominent place in today’s debate on penitentiary policy reforms in France and other European states. Detainees’ right to effective remedy is as important as all other rights guaranteed by regional and international conventions on fundamental human rights. The very existence of such right only has value its implementation is real, executed without reserved and any violation suppressed. This right incessantly continues to suffer at the hands of an increasingly growing body of European case law due to the recurrent violations it is subjected to. This particularly concerns penitentiary disciplinary sanctions, which can have significant consequences on the length of detention and the detainee’s quality of life. Reforming the legal system as it pertains to penitentiary disciplinary decisions and procedures in order to ensure that they comply with principles of fundamental human rights and public safety has progressively become a major governmental preoccupation. Hence, casting the right balance between the need to ensure public safety and maintaining order within a segment of the population referred to as “susceptible and vulnerable” in relation to compliance with fundamental human rights constitute one of the most prominent objectives of the present study. This investigation is concerned with a novel conception of the application of detainees’ rights within the prison system, more specifically detainees’ rights to an effective remedy, through a comparative analysis between the existing recourses in France and Canada. These jurisdictions were selected due to the duality they represent, their universalist consideration of human rights, and their differentiated conception of the prison system
Bouchard, Valérie. "Le droit de recours en matiere penale : contribution a l'etude des droits de la partie poursuivie." Toulon, 2000. http://www.theses.fr/2000TOUL0027.
Full textDavant, Jérôme. "Les incidents liés à la protection juridique des investissements étrangers en Chine : effectivité des voies de recours." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10050.
Full textThe objective of this thesis is to bring insights into the understanding of the evolution of business law in China and in particular on the tools of investment protection used by foreigners in this country. This paper analyses the events related to the protection of foreign investments as well as the efficiency of arbitrative solutions in the case of problems
Hardy, Christophe Urbain-Parleani Isabelle. "Les droits du débiteur en redressement judiciaire." Reims : S.n, 2005. http://scdurca.univ-reims.fr/exl-doc/GED00000261.pdf.
Full textAl, Ghamdi Mohammad. "La procédure applicable au jugement des infractions les plus graves : étude comparée des droits français et saoudien." Poitiers, 2007. http://www.theses.fr/2007POIT3001.
Full textCagnoli, Pierre. "Essai d'analyse processuelle du droit des entreprises en difficulté." Caen, 1999. http://www.theses.fr/1999CAEN0052.
Full textSamak, Jonathan. "Les droits de la défense dans le procès civil." Nice, 2007. http://www.theses.fr/2007NICE0019.
Full textThe rights of the defence are all the rights which assure the equity of the lawsuit. They guarantee the equality between the parts. The contradiction oblige every opponent to put the other one to organize the defence of his interests, what supposes to give knowledge of the introduction of the authority, the mutual and punctual communication of the means of defence and proof. In it is added the freedom of the defence, the contradiction must not be falsified by a technical incompetence. The rights of the defence also protect the litigants against the judicial dysfunctions. The impartiality of the judge guarantees an objective examination of the claims, his active collaboration in the respect for the contradictory prevents him from interfering in the lawsuit by breaking the balance between the parts. The transparency of the justice, by the motivation of the court orders and the publicity of the debates, brings to light the possible errors of the same judge to allow their repair
Bouty, Cédric. "L'irrévocabilité de la chose jugée en droit privé." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32023.
Full textEither in civil or in criminal procedure, the irrevocability of res judicata has never been thoroughly studied contrary to the authority of res judicata. Forbidding a dispute to born again in order to create legal certainty is always the goal. But the authority of res judicata prevents from filing a new claim in a case adjudicated whereas the irrevocability of res judicata excludes to appeal. To elaborate the status of irrevocability of res judicata is possible notwithstanding academicians’ lack of interest. A judgement becomes final when appealing is not allowed (part I). In these circumstances, the concept of appeals must be determined. In addition, appeals which have suspensive effect can be distinguished from appeals which have resolutive effect. Appeals which have suspensive effect are the condition for the res judicata to access to the irrevocability. Appeals which have resolutive effect can’t prevent a judgement to become irrevocable. Substantive law determines the moment when a judgement becomes final and the extent of this irrevocability, whether partial or total. Irrevocability’s effects lead to reflect on the end of the trial (part II). The moment when the judgement becomes final is the moment when « judiciary command » enters into force. Furthermore, litigation is the field for new statutes. However, when a judgement is final, the legislator can’t call it in question without transgressing the principle of separation of powers. Procedural effects follow the access to the irrevocability. Enforceability rarely coincides with this moment. On the other hand, irrevocability of the final judgement should be the condition for the authority of res judicata
Udomrat, Panithan. "La mise en oeuvre des normes internationales du travail : étude sur le système du contrôle de l'organisation internationale du travail et son évolution." Université Robert Schuman (Strasbourg) (1971-2008), 1987. http://www.theses.fr/1987STR30009.
Full textSince nearly seventy years of her existence, the system of the ILO is the most complete and progressive, in comparison with some others international organizations. From the start, the control of this system is based on the procedures wellfounded by the ILO's constitution herself. It is concerned with, one part, the automatically regular procedure which is grounded on the examination of some government's reports, and, another part, the litigious procedures founded on the complaints which we can distinguish by two different procedure; such as the claim and the complaint properly so called. But in the course of years, as well as the law of labour himself, the system of control of the ilo developes little by little considering the needs, so as to complete and to improve the existing procedures. Thus, its seems that the system of control of the ILO evolved considerably. At present, outside of the fondamental procedures, we can therefore add the special procedure of the protection of trade union purposes - which is adopted later, in 1950 - and the general practices strengthened by some procedures, in order to render them more effective, like, for example, the procedures called "direct contacts", the special inquiries and the coordination of the ilo with the system of control of another organizations, which is now part of the system of control of the ILO
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
Trigeaud, Laurent. "La nullité de l'acte juridictionnel en droit international public." Paris 2, 2009. http://www.theses.fr/2009PA020022.
Full textHardy, Christophe. "Les droits du débiteur en redressement judiciaire." Reims, 2005. http://theses.univ-reims.fr/exl-doc/GED00000261.pdf.
Full textIn collective proceedings, the rights of the debtor seem to be sacrificed on the altar of employee, company and creditor interests. Bankruptcy is no exception to this assessment that, however, proves to be erroneous. Far from being considered a second- class citizen, the debtor is the key figure in these proceeding and, when all is said and done, his rights are similar to those of a person in bonis. In fact, the appointement of a receiver, rare under the simplified procedure, and focused more on oversight and assistance under the general procedure, no longer places the debtor in a position of being an outsider in his reorganization. In terms of his business activity, the performance of certain acts, although they are subject to prior judicial authorization, does not completely abolish his rights. These rights are expressed mainly through the filing of appeals and the possibility of engaging in a new business. In terms of his private life, the exercise of his personal rights remains solety within his domain. However, the property consequences of these rights concern the court- appointed agents, who do not, however, intervene in purely personal matters. The legal mechanisms, derived from civil and commercial law, further safeguard his rights. Thus the debtor in bankruptcy proceedings has nearly the same prospects as his counterpart in bonis
Cottin, Marianne. "L'accès à la Cour de cassation : étude du droit au pourvoi devant les chambres civiles de la Cour de cassation." Saint-Etienne, 1998. http://www.theses.fr/1998STETT048.
Full textSpassova, Vesselina. "Quel mécanisme de mise en oeuvre pour le droit de la concurrence en Europe ? : limites de la mise en oeuvre privée." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32053.
Full textThe present work evaluates some of the propositions included in the project of the European Commission to promote private enforcement of competition law in the European Union. Those propositions have been recently summarized in the Commission’s “White paper on damages actions for breach of EC antitrust rules” (2008). Our evaluation relies on the traditional tools of the economic analysis of law. We first compare the two mechanisms of public and private law enforcement and the aptitude of each of them to serve the specific aims of competition law. We point out that private enforcement, and the compensation for the victims which is associated to it, creates perverse incentives and is hard to implement due to the difficulties in identifying the victims and their respective damages. We argue that sanction based on compensatory damages is inefficient from the perspective of an optimal deterrence and likely to result in over or under deterrence and higher social cost. The combination of private and public enforcement in a mixed enforcement system being at the heart of the Commission’s propositions, we then analyze the Unites States experience with the mixed enforcement of antitrust laws. We show that mixed enforcement led to unpredictable and inconsistent cumulated sanctions and inefficient deterrence. The second drawback of the mixed system is to create a bias in favor of a private action which follows, instead of replaces, a government action, therefore increasing enforcement costs without increasing the level of detection. Additionally, this system exacerbates the problem of suits without merit and creates the opportunity for the plaintiffs to free-ride on government enforcement. With the help of a simple strategic model, we show that the European system is likely to generate mostly follow-on private suits, if any, and that the legal provisions contained in the White paper can hardly “filter out” suits without merit
Verrier, Gilles. "Les spécificités de la procédure d'arbitrage institutionnel en droit français." Dijon, 1998. http://www.theses.fr/1998DIJOD009.
Full textHusson, Céline. "Le recours aux valeurs dans la jurisprudence des organes internationaux de protection des droits de l'homme." Strasbourg, 2009. http://www.theses.fr/2009STRA4030.
Full textThe resort to values is a jurisprudential process by whlch sorne international organs in charge of protecting human rights employ, in various ways, severa! values (democracy, dignity, freedom. Justice, peace, pluralism and role oflaw) in their argumentation as a philosophical patrimony they should have to crystallize in a juridical form. Allowing a dynamic interpretation of conventional pr-ovisions, it works toward international human rigbts law' s efficiency by permitting an optimum pr-otection of individual and of democratic society. Leading to confusions through the vagueness of its notions anc uses, it nonetheless reflects the spirit ofthis law, trough the double purpose of safegnarding and developing fundamental rigbts and freedoms : bearing an originality stemming from the matter specificity (pr-oving both idealism that inspires the wboIe speciaIized case-Iaw and pragmatism that conditions method's effectiveness) and according to the "normativity muddle" it is in, it constitutes both a clue of international human rights law's evolution and a factor ofthis evolution. Moreover, element of auto-i"egulation in a new specialized juridical order at an internationallevel - an order which principle would be democracy - , it questions international normative architecture because its adaptability makes it an instrument ofharmonization in the field of international human rights law : underlying the convergence of differ-ent kinds ofhuman rights protecting systems, it facilitates jurisprudential dialogue
Hoonakker, Philippe. "L'Effet suspensif des voies de recours dans le nouveau code de procédure civile une chimère? : contribution à l'étude de l'exécution provisoire /." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37614367n.
Full textBarafi, Jamal. "Les acteurs privés dans le système de règlement des différends de l’Organisation Mondiale du Commerce (OMC)." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA008/document.
Full textThe dispute settlement forms the cornerstone of the multilateral trading system and an unprecedented contribution of the WTO to the stability of the global economy. Without a means of settling disputes, the rules-based system would be of no use because the rules could not be applied. This organization has the institutional capacity and specific regulation. The Dispute Settlement Body, arbiter of international trade disputes aims to ensure a proper functioning of the WTO and correction of major shortcomings recognized in the GATT. It is now one of the most active interstate mechanisms at the international level.However, the international economic game involves not only states. Private actors affected by the trade actions and conduct, are seeking to play a meaningful and effective role. This research discusses the possibility of the involvement of private actors in the dispute settlement procedures of the WTO. It aims to present current forms of intervention of these actors in these procedures and the possibilities of enhancing their participation in the WTO
Chaisemartin, Arnaud de. "L'appel provoqué devant le Conseil d'Etat." Paris 2, 1987. http://www.theses.fr/1987PA020003.
Full textBou, Saber Maan. "Le moyen : Essai d'une théorie générale. Le lien entre le substantiel et le processuel." Paris 2, 2009. http://www.theses.fr/2009PA020031.
Full textCrépin, Sophie. "Les sentences arbitrales devant le juge français : pratique de l'exécution et du contrôle judiciaires depuis les réformes de 1980-1981." Paris 2, 1994. http://www.theses.fr/1994PA020048.
Full textArbitration is a private judicial system wich enables legal actions to be withdrawn from established jurisdictions and resolved by individuals specially empowered for that particular purpose. However, the parliamentary law and, in france, the statutory laws of 14th may 1980 and 12th may 1981 allow the parties to bring the matter before a judicial court should they wish to contest the arbitrator's decision or see it implemented. Arbitral sentences thus submitted to judges and the latter's rulings, often accompanied by specific comments, have never been thoroughly analysed. The objectif of present study is to bridge this gap by drawing on the wealth of judicial sources to analyse arbitral deisions, their enforcement and the controls to which they are submitted by the judiciary. In the first part, 2. 000 cases of arbitration have been examined under their statistical, legal, sociological and economic aspects. They have, first of all, been classified according to their nature (ad hoc ou institutional). The profile of the actors in the arbitration case, that is to say the litigant parties and the judges, was then drawn up. Finally, both the object and the amount of money invol ved in the arbitral lawsuit have been described
Cepko, 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
Di, Marco Antonio Calogero. "Les limites à l'autonomie procédurale des Etats sur le recours en indemnité." Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAA039.
Full textThis work analyses the limits that the principle of State liability for damages suffered by individuals because of breach of EU law poses to the procedural autonomy of the Member States of the EU; at the same time, the work provides a concept of procedural autonomy capable of showing its own constitutive limits. The research is divided into two parts, preceded by an introductory part.The introductory part of this work is dedicated to the general character of the limitations EU law poses to the State’s competence in matters of procedure/procedural matters. Specifically, it analyzes the process by which the Court of justice and national courts consider the incompatibility of national rules of procedure with the european law; in addition, it highlights the specific conjugation of these limits in the matter of compensation of damages.The first part of the research, instead, focuses on the specific limits that european law poses on the rules of procedure relating to the legal regime of the right to compensation and its operating conditions; in particular, this first part explores respectively the “substantive” and “procedural” limits that EU law poses to the State’s autonomy to regulate actions for damages for breaches of EU law. The substantial limits, which are the object of the first chapter of the first part of this work, concern the conditions of eligibility of liability and to the constitutive conditions of the right to compensation; in particular, these are the limits that the european law pose on national rules of procedure governing the subjective and objective elements of the breach of EU law. Firstly, I analyse the judgments of the Court of justice that gave rise to the formation of procedural provisions related to the eligibility of breaches of EU law by the State-legislator, the State-administrator and the State-judge. Secondly, I derive the set of procedural requirements that national courts have to apply for verifying the existence of a breach of EU law, and especially to verify the existence of the three conditions that have to be met for conferring right to reparation: the infringed rule has to be intended to confer rights on individuals; the breach has to be sufficiently serious; a direct causal link between the breach of the obligation resting on the state and the damage sustained by the injured parties has to be present. The procedural limits to the action for damages, to which the second chapter of the first part of this work is dedicated, refer to the concrete organization and characteristics of the judicial action. I explore here the requirements and common rules that have gradually replaced numerous internal procedure provisions. These are related in particular to the identification of the best forum and the powers ofjurisdiction, as well as to the different aspects of the trial and of its organization, with specific reference to areas affected by substantial EU law. This chapter, therefore, reconstructs the rules related to the identification of the competent jurisdiction and to the power that jurisdiction has to enjoy in order to protect and enforce the european law, focusing on the case of a Member State sued in front of a Court of another Member state; in addition I explore the organization strictu sensu of action of damages, I concentrate on class actions, on the classic theme of limitation periods and decadence and, moreover, on rules concerning evidences.[..]
Durieux, Françoise. "Le double degré de juridiction appliqué à la peine : théorie et pratique d'une voie de recours à partir de l'étude de six mois d'arrêts de la cour d'appel de Lyon." Saint-Etienne, 1991. http://www.theses.fr/1991STETT200.
Full textThe objective of the thesis is to ascertain whether the rules wich govern appeals against verdicts and sentences give the convict a genuine recourse which assures that person the principle and the amount of the sentence are each well-founded. The function of the criminal appeal system is surveyed through historical and juridical data of its mechanisms ans complemented with a case study : the meticulous reading and study of 794 judgments from the appeal court of Lyon, during the period of 1. 1. 1988 to 30. 6. 1988, concerning repressive decisions against 1015 accused persons. This study permitted comparisons in relative termes between sentences by courts of first instance and the appeal court and an evaluation of the effects of the judicial pronouncements. The thesis thus proposes an explanation of the scarcity of appeals from judgments of police and magistrates courts. The combinaison of rules which define the pwers of the public prosecution and the mandate of appeal judges dissuades the accused from appealing against the sentence. Lodging an appeal constitues a risk, rather than a chance for the convict
Rocheteau, Frédéric. "L'indivisibilité en droit judiciaire privé." Paris 1, 2002. http://www.theses.fr/2002PA010292.
Full textLahlou, Hicham. "La justice administrative et la protection des administrés au Maroc." Paris 10, 2008. http://www.theses.fr/2008PA100043.
Full textThe history of the administrative litigation may consist of the judge's willing to limit the ultra power of a government service and to offer the citizen new guarantees. In Morocco, since the independence, several reforms were adopted in order to correct the legal system of citizen's protection and adapt it according to the new requirements of the State of rights. These series of relatively accelerated reforms, do not exclude the existence of diverse gaps preventing the emergence of a real protection of the citizen. A useful approach of the administrative law can show that these measures are not enough. In these conditions, we think that new reforms are welcome in order to improve the protection of the citizen
YABOUE, DJANGBEDJA KOFFI OHLMANN JEAN CLAUDE. "LA RECEVABILITE DE L'APPEL ET DU POURVOI EN CASSATION CONTRE LES JUGEMENTS AVANT DIRE DROIT EN MATIERE CIVILE ET ADMINISTRATIVE. CONTRIBUTION A UNE THEORIE GENERALE DES JUGEMENTS AVANT DIRE DROIT. /." [S.l.] : [s.n.], 2000. ftp://ftp.scd.univ-metz.fr/pub/Theses/2000/Yaboue.Koffi_Djangbedja.DMZ0002.pdf.
Full textMelleray, 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 textNgoy, Lumbu Rémy. "L'instauration du mécanisme de communications individuelles devant le comité des droits économiques, sociaux et culturels : une contribution à l'étude des voies et moyens additionnels pour une mise en oeuvre efficiente du pacte international relatif à ces droits." Université catholique de Louvain, 2007. http://edoc.bib.ucl.ac.be:81/ETD-db/collection/available/BelnUcetd-08282007-143632/.
Full textPreud'homme, Laura. "L'articulation des voies de droit dans le contentieux de la commande publique à l'initiative des tiers au contrat." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010304/document.
Full textAs the same time as the gradual formation of a «public procurement law», the litigation on the initiative of thirds to the contract underwent a profound transformation to such a point that the paradigm shift tends to bring to the foreground what it would be possible to call the « litigation of public procurement ». Various legal remedies more or less specialized in the penalty of the behavior of the administration in front of requirements of the public procurement have been established from then on. The pre-contractual interlocutory procedure, the contractual interlocutory procedure and the action challenging the validity of the contract are the archetypes of the litigation of public procurement. The penal judge and the financial judge indirectly also ensure that the advertising and competition rules which fall to the administration are respected. The judge of the abuse of power and the administrative judge following a prefectoral application for judicial review aim at the respect for this aspect of the contractual legality. The multiplicity of legal remedies available to the foreclosed competitor, privileged third, raises questions about h" « very wide choice » or his « embarrassment as such» to make use of. Besides, it emplies to focus on the effective protection of the right to have participated in a consultation process in the respect for the principles of the free access t public procurement, the equal treatment of candidates and the transparency of procurement process. The complexity c the litigation of public procurement on the initiative of thirds to the contract is such that it is impossible to be satisfied with it and leads to destroy to rebuild this litigation landscape
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
Tracol, Xavier. "Les procédures d'appel et de révision devant les juridictions pénales internationales : une synthèse inégale entre les influences des systèmes nationaux romano-germaniques et de common law." Thesis, Paris 10, 2009. http://www.theses.fr/2009PA100168/document.
Full textArticles 25 and 24 of the ICTY and ICTR Statutes and Article 81 of the Rome Statute all provide for appeal proceedings against Trial Judgments. Appeal and review proceedings before the International Criminal Court and Tribunals originate from the two main Western legal systems, i.e. civil law and common law. Appeal and review proceedings of such systems fundamentally differ in criminal law. The right of appeal appears more widely designed at the Court than at the Tribunals which may be explained by the fact that the drafters of the Rome Statute managed to overcome the tension between the approaches of appeal proceedings in civil law and common law systems by opting for a solution closer to civil law systems.A detailed consideration of appeal and review proceedings before the International Criminal Court and Tribunals emphasises the influences of specific domestic legal systems. The Statutes, Rules of Procedure and Evidence and Practice Directions of the International Criminal Court and Tribunals set up relatively balanced appeal and review proceedings between civil law and common law domestic systems. They represent an attempted merger of appeal and review proceedings of both legal systems. However, such proceedings sometimes overcome the tension between civil law and common law domestic systems by providing for a unique regime which does not look like any domestic legal system.The case law of the Appeals Chambers of the International Criminal Court and Tribunals strengthened the influence of domestic common law systems in general and US and British legal systems in particular. The International Criminal Court and Tribunals thus implemented an inequal mix between the influences of civil law and common law domestic systems
Weber, Anne. "Les mécanismes de contrôle non contentieux du respect des droits de l'homme." Strasbourg 3, 2006. http://www.theses.fr/2006STR30009.
Full textThe international control of the respect of human rights is largely a non contentious control. The mechanisms of such a control have developed in the past few years : we can observe in fact a real proliferation in this respect. This development is first and foremost linked to the statement of rights in a convention and in most cases the control consists in the examination of state reports. However, this development can also be independent from the statemenrt of rights as such and the mechanisms are then rather diverse. This proliferation brings into sight the need for a rationalisation with a view to increasing the efficency of the control and ensuring the coordination of the non contentious control mechanisms. This study proposes a systemisation of these mechanisms through the analysis of reasons for their creation and a consideration of their current and future functioning, in particular in the perspective of the current reform within the United Nations
Escourrou, Jean-François. "L'instance d'appel dans le procès civil." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10057/document.
Full textThe appeal body has always been considered by the French Law as a guarantee of equitable justice. It allows to redress errors committed by a trial judge who resolved a dispute in the first place. Thereby, the appeal enables a repetition of the trial before the appeal court, so that it may be examined again on points of fact and law. Thus, this plea approach has been described as a reformation approach. However, it proved impossible to demand an exact similarity of the dispute elements from one instance to another. As a consequence, and as the texts and jurisprudence had to take into consideration practical requirements, dispensations have been allowed. Since then, the appeal supported renewal of the trial, by incorporating previously unseen elements before the court. The appeal was then refered to as an achievement approach. This evolution gradually appeared as excessive, thereby justifying the need to control the appeal for a better administration of justice. The body of appeal oscillates constantly between these two functions, the repetition and the renewal of the civil trial. The features of this institution inevitably deserved further investigations and answers that this study proposed to carry out and identify
Yaboue, Djanbédja Koffi. "La recevabilité de l'appel et du pourvoi en cassation contre les jugements avant dire droit en matière civile et administrative : contribution à une théorie générale des jugements avant dire droit." Metz, 2000. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/2000/Yaboue.Koffi_Djangbedja.DMZ0002.pdf.
Full textOpota, Pala. "Le pourvoi devant la CJCE contre les arrêts du TPI." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32012.
Full textSince October 1989 appeals on points of law may be brought before the Court of Justice against judgments and orders of the Court of First Instance. In order to secure the uniformity of judicial interpretation of the European Union Law, the scope of appeals is restricted by Article 58 of the Protocol on the Statute of the Court which states that appeals may rest only on the ground of: lack of competence of CFI, breach of procedure before it which adversely affects the interests of the appellant, or the infringement of Community law by the CFI. The ECJ first task was to clarify the precise scope of the right to appeal in the view of procedural and substantive law by interpreting the Treaty and the Statute in a way which allows new categories of legal questions. However, it remains very strict on excluding questions of fact. The criteria for admissibility of an appeal bring the question of whether it really reinforces procedural safeguards and offer real access to the ECJ by individuals and undertakings. Although the appellate procedure was created in order to maintain the unity of the legal system, more effective legal protection can’t be ignored as connections may be brought between procedural law and substantive law
Khater, Talaat. "Les obstacles juridiques à l'exécution de la sentence arbitrale : étude comparée franco-égyptienne." Dijon, 2005. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/f33b1855-5b04-48c6-a847-c78b6e6c717d.
Full textCollet, Philippe. "L'acte coercitif en procédure pénale." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020060.
Full text« The coercive act in criminal law and procedure » [L’acte coercitif en procédure pénale]. Being essentially coercive, the French criminal law and procedure are composed of a succession of acts that the Public Authorities conduct. As they are all different by nature, these acts principally constitute judicial administration measures,acts of the judiciary police, prosecution or investigation measures, as well as jurisdictional acts. Among this great number of acts, some of them can prove to be coercive. And they have one particular point in common:they all encroach on individual liberties. One simply has to consider the controls or verifications of people’sidentities, police custody, search and seizure, the interceptions of any correspondence over the telecommunications, the use of sound and image detection technology, the judicial suspension, the electronically-monitored house arrest, or custody on remand. These acts, a-priori heterogeneous, constitute infact a category of their own. Corresponding to the judicial reality, a notion of coercive acts exists in criminal procedures in parallel with traditional concepts. Its main criterion lies in the specificity of its grievance. A two part classification of the acts, grounded on their coercive or non-coercive features, is then possible. Practical interests appear beyond a tangible theoretical one. For example, it will be possible to identify any new binding action the investigating judge is not allowed to take when new facts are discovered, in view of the prohibition to carry out coercive acts in such a situation. In addition, this notion qualifies for an autonomous regime. It serves not only constitutional and conventional but also legislative requirements that make it possible to exceed the inevitable variations of the acts that compose this category; namely the notions of legality, necessity and proportionality, the effective control by the judicial authority, the respect of the person’s dignity and health ASO… If the coercive act is to respect the rights of the defense, it could also be appealed in all cases through the courts. At last, its abuses remain punishable by law as the Penal Code represses abuses of authority. Thus, the persons who decide or carry out a coercive arbitrary act expose themselves to prosecution
Romanet, de Valicourt Héliane. "L'erreur du juge." Paris 2, 2001. http://www.theses.fr/2001PA020039.
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