Dissertationen zum Thema „Pratiques restrictives“
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Fortunato, Aurelien. „Clauses et pratiques restrictives de concurrence“. Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20009/document.
Der volle Inhalt der QuelleGenerally, the law is careful to distinguish between the clauses, part of a legal act, and practices, that are legal facts. Yet, the law about restrictive competition practices seems to realise an assimilation of these two concepts, and provide the classification of a clause in restrictive competitive practice. The study analyses the classification of a clause into practice by proposing a criterion and pondering its effects: possible challenge clauses on the bases of the right of restrictive practices. By inviting a reflection on this aspect of the law of restrictive practices, it is also to question the aims of this particular law, as well as on the possibility of a better integration of the challenge clauses in a law about unfair trade practices between professionals in construction
Godard, Lénaïc. „Droits des pratiques anticoncurrentielles et des pratiques restrictives de concurrence“. Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLV063.
Der volle Inhalt der QuelleThe purpose of the research topic is to study the relationship between Competition Law and Unfair trading practices Law. At first glance, these two parts of competition law stand out. The Competition Law is composed of a small number of general and permanent rules designed to protect competition on the market where the Unfair trading practices Law rests on a rather heterogeneous set of rules and evolves according to frequent reforms aimed at to protect competitors from abuses by their trading partners. Yet a rapprochement of these Law is perceptible. On the one hand, he intervened with the notion of company. Presented as the subject of the Competition Law, it gradually became the subject of the Unfair trading practices Law. On the other hand, a reciprocal interference of rights is emerging. In apprehending the abuse of economic dependence, the Competition Law impinges on the purpose pursued by the Unfair trading practices Law. The latter, because of a jurisprudential evolution conferring upon it an objective of protection of the functioning of the market and competition, also interferes with a purpose which does not devolve upon it. Evolutions then appear necessary in two respects. The first is to propose to reduce the competition law to the sole right of anti-competitive practices. The use of abuse of a dominant position or anticompetitive agreements already makes it possible to apprehend unfair trading practices. The refocusing of competition law is also an opportunity to rethink the rules relating to the regulation of prices that are unreasonably low.The second deals with a reconstruction of the Unfair trading practices Law. It is to become an Unfair practice between companies Law. This proposal elaborates on the changes made by Ordinance No. 2019-359 of 24 April 2019. A new positioning in the Commercial Code is suggested as a consequence of its exit from Competition Law. The design of a new law designed to regulate contractual abuses between companies is an opportunity to return to the links established with Contract Law. It maintains, with this one, links of complementarity. It is then necessary to reinforce the rules governing its implementation. A convergence with those that make up the Competition Law is envisaged because of the wealth of tools it contains. On the one hand, their spread within the Unfair practice between companies Law will be an opportunity to modernize the mechanisms of public action by providing procedures to facilitate the detection of abusive practices or strengthening the effectiveness of the repression. This is also reflected in the transformation of the CEPC into an authority with advisory and sanctioning powers. On the other hand, the Competition Law constitutes a source of inspiration for the elaboration of rules intended to favor the development of the actions in reparation due to an unfair practice between companies and takes shape on different levels: by the consecration of provisions to improve the articulation with the objective litigation, by the incorporation of measures simplifying the actions in repair
Martin, Marielle. „Le droit français de la transparence et des pratiques restrictives“. Paris 2, 2009. http://www.theses.fr/2009PA020098.
Der volle Inhalt der QuelleMallen, Guillaume. „L'appréhension des pratiques restrictives par les autorités françaises et européennes de la concurrence“. Thesis, La Rochelle, 2013. http://www.theses.fr/2013LAROD033.
Der volle Inhalt der QuelleDefined as unfair contractual practices in relations between professionals, restrictive practices significantly undermine the competitiveness of the trading partner. Competition law and, more specifically, antitrust law can be a remedy to the suppression of these behaviours. The study raises questions about the effectiveness of the cartel and abuse of dominance in the fight against restrictive practices. The analysis tends to gauge their understanding through the prism of the two concepts that are cartels and abuse of dominance. Even as abuse of dominance have important points of convergence with the concept of “restrictive practice”, apprehension is deeply nuanced. Textual requirements inherent in the demonstration of the abuse of dominant position (102 TFUE andart. L.420-2, al. 1 of the Commercial Code) are drastic and appreciation of the abuse of economic dependence in French law (art. L.420-2, al. 2 of the Commercial Code) is so narrow that it does not facilitate the positive uptake of restrictive practices. In addition, evidence of the competition restriction is difficult to bring in conduct that reach, in most cases, the mere contractual partner and not the market heard in its entirety. Paradoxically, if the cartels appears to be a bit like concept in its components to the concept of “restrictive practice ", apprehension is preferred. To facilitate the transfer of practice concerted behaviour, competition authorities proceed to a generous reading of the meeting of minds. Competition restriction is also the subject of a comprehensive appreciation. That apprehension is made under the cartel or abuse of dominant position, actionable insights are proposed to improve the competitive treatment of restrictive practices
Jacomino, Faustine. „Le contrôle objectif de l'équilibre contractuel. Entre droit commun des contrats et droit des pratiques restrictives de concurrence“. Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0017/document.
Der volle Inhalt der QuelleControl of contractual balance is one of the markers of contemporary contract law. Such control is grounded in several basic concepts: some authors refer to morality, while others invoke contractual justice or its economic relevance. Applied to imbalance between professionals, the tools implemented to ensure this control reveal the existence of objective control of the contracts’ expected balance. Although the subjective balance sought by the parties is not set aside, it is overshadowed by the determination of a kind of objective balance motivated by a will both to protect the weaker party and to promote a certain vision of the economy, and commercial exchanges. In this respect, restrictive practices law is an integrative discipline in which it is possible to combine protection of the weaker party with protection of the market. The influence of this discipline on common contract law and, conversely, the “civilization” of competition law under the influence of common law help better understand the mechanism of such objective control of contractual balance. This research aims to describe the objectification of identification criteria for contractual imbalance and the ways of remedying it. To this end, common contract law and law governing restrictive competition practices will be compared to shed light on such control in both these areas. More specifically, this thesis proposes to thwart phenomena of superimposition of and competition between existing systems for the objective control of contractual balance in both these disciplines through precise identification of their fields of application and their respective purposes. It also aspires to describe the functions of such objective control for both the parties and the market by emphasizing the need to examine these contracts by taking into consideration together both their micro and macroeconomic dimensions
Zang, Ndong Rose-Monde. „Le droit des pratiques restrictives de concurrence et la protection de la partie faible dans la relation commerciale“. Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20003.
Der volle Inhalt der QuelleThe business world is marked by contracts between people of unequal economic power which often leads to abuses suffered by the weaker party. Therefore, the search for the contractual balance and more specifically the protection of the weaker party is constant. In this context, the right of restrictive practices, the right of individual economic practices, is often presented as a legal mechanism to address this concern in that it would aim to protect businesses in their bilateral relations. However, this statement is far from accurate. The analysis of the rules of the competitive law brings to question this view. In fact, the provisions in it have a purpose that transcends the interests of the parties to focus on the general economic interest. Legislature organize relations between enterprises to regulate macroeconomic problems and not regulate problems of each enterprise. The protection of the weaker party cannot be ensured by the law of restrictive practices but falls within other legal mechanisms
Zang, Ndong Rose-Monde. „Le droit des pratiques restrictives de concurrence et la protection de la partie faible dans la relation commerciale“. Electronic Thesis or Diss., Lille 2, 2014. http://www.theses.fr/2014LIL20003.
Der volle Inhalt der QuelleThe business world is marked by contracts between people of unequal economic power which often leads to abuses suffered by the weaker party. Therefore, the search for the contractual balance and more specifically the protection of the weaker party is constant. In this context, the right of restrictive practices, the right of individual economic practices, is often presented as a legal mechanism to address this concern in that it would aim to protect businesses in their bilateral relations. However, this statement is far from accurate. The analysis of the rules of the competitive law brings to question this view. In fact, the provisions in it have a purpose that transcends the interests of the parties to focus on the general economic interest. Legislature organize relations between enterprises to regulate macroeconomic problems and not regulate problems of each enterprise. The protection of the weaker party cannot be ensured by the law of restrictive practices but falls within other legal mechanisms
Chevallereau-Martin, Jacqueline. „Les droits de la défense dans les procédures relatives aux pratiques restrictives de concurrence au regard du droit français et du droit communautaire“. Lyon 3, 1992. http://www.theses.fr/1992LYO33014.
Der volle Inhalt der QuelleThe author has analysed guarantees available to business during proceedings relating to anti-competitive pratices, which are controlled in Fance by the Conseil de la concurence and in EEC by the European commission. This study has dealt with the basis, the content and the reality of the defence's rights during the investigation and after it. The comparison of the two legislations at the investigation phase leads to the drawing of a distinction between the inquiry which is not subject to adversorial principles and the process following the grievance notification which brings with it the right to adversorial proceedings. The decision stage of the process is marked in French law as well as in EEC law by the legal nature of the competent authorities in charge of the competition regulation. This specificity limits the scope of the defence's rights, even though the decisions of competent authorities brave quasi-legal authority. The security of the defence's rights has to be insured by strict controls on the powers of these authorities, particularly in European law
Hadj-Aïssa, Hakim. „Contribution critique à l’étude du déséquilibre significatif au sens de l’article L. 442-1 du Code de commerce“. Thesis, Université de Lorraine, 2019. http://www.theses.fr/2019LORR0250.
Der volle Inhalt der QuelleThis contribution focuses on the study of the significant imbalance under Article L. 442-1 of the French Commercial Code (formerly Article L. 442-6). The questions it raises are numerous: knowledge and specificity of the regulations in commercial relations, legitimacy of the text, internal coherence of its provisions and putting it into perspective in the global system for fighting the significant imbalance. To answer this question, it is necessary to combine two approaches, one analytical and the other synthetic. The first one is to highlight, by a scientific method previously described, the way in which judges deal with this text. The aim is to achieve a more precise and effective knowledge of the rule in question. Each of its components is therefore the subject of a detailed analysis, namely the concept as such and its system. The results obtained then make it possible to adopt a synthetic approach in order to better address the delicate question of the structure between, on the one hand, this article and, on the other hand, the other texts that sanction the significant imbalance. They also make it possible to propose ways of improving the current Article L. 442-1, particularly with a view to a forthcoming reform
Cassagne, Alexandre. „L'articulation entre le droit commun et le droit spécial des contrats, à travers l'exemple des contrats de distribution“. Electronic Thesis or Diss., Strasbourg, 2024. http://www.theses.fr/2024STRAA008.
Der volle Inhalt der QuelleThe reform of contract law has sidestepped the issue of the relationship between general contract law norms and those of specialiazed contract law. One provision appears to reiterate the maxim specialia generalibus derogant. However, this new provision offers little guidance, and the limited direction it provides rise to some new challenges. The decision to focus research on distribution contracts was made to emphasize the evolving relationship between the legal framework governing these contracts and general contract law, which now considers the issue of structurally imbalanced contracts. An examination of the evolution of these relationships underscores the problems caused by the absence of detailed rule of articulation. Courts are currently leaning toward relegating general contact law to the background, risking its marginalizing and thereby reducing its effectiveness in protecting weaker parties (as general law, may, in certain cases, be more protective than specialized law). It is proposed that the legislature be entrusted with introducting a new articulation rule to organize the conflicts between general contract law and the specialized law of distribution contracts. Inspired by the principle of the favourability principle, this new rule would incorporated into a dedicated section on distribution contracts within the Commercial Code
Meur, Héloïse. „Les accords de distribution en droit international privé“. Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D085.
Der volle Inhalt der QuelleIn private international law, the treatment of distribution contracts is both scattered and inconsistent. The distinction between contractual and non-contractual matters has led to assess separately the contractual and the economic aspects (related to competition law lato sensu) of this kind of agreements, although these aspects are inseparable. ln addition to this distinction, further difficulties specific to each of these aspects arise. From a contractual standpoint, the distinction between the framework agreement and its implementation contracts lead to a scattered treatment of distribution agreements. From an economic standpoint, some difficulties arise concerning the identification of the relevant method and the applicable rule of conflict as well as their implementation. Therefore, the regime applicable to distribution agreements is scattered and inconsistent. Such difficulties and inconsistencies can only be remedied thanks to clarified definitions of the notions of contractual matter and distribution agreements in European private international law. These clarified notions will then be the starting point to suggest rethought rules of conflict, compliant with the essence and specificities of distribution agreements, distinct from the classic « exchange-type » contracts. A suitable connecting criterion will then need to be associated to this redefined category. Given the omnipresence of international mandatory rules, such criterion will need to be objective and replace the principle of party autonomy which turns out to be mostly ineffective regarding distribution agreements
Rizk, Sajih. „La notion de pratique anticoncurrentielle“. Paris 2, 2008. http://www.theses.fr/2008PA020047.
Der volle Inhalt der QuellePark, Sehwan. „Les abus de puissance économique dans les relations commerciales déséquilibrées“. Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA013.
Der volle Inhalt der QuelleCompetition provisions seek to regulate the abuse of economic power in unequal commercial relationships. However, in the process, such provisions should not have the effect of adversely impacting the market or harming the proper functioning of other competition rules. When there exists a significant power disparity between parties, the stronger party can impose unequal conditions on the weaker party, particularly through what is called the "fear factor". During the duration of the contractial relationship, the weaker party will not be able to stand up to the stronger party in fear of the commercial relationship being terminated. This is why oppressive behaviors continue in reality, despite the presence of numerous regulations designed to prevent such behaviors. Law makers have a tendency to react by hastily enacting ad hoc regulations. The adaptability of powerful corporations to circumvent the rules is often overlooked. Ultimately, abuses of economic power can only be regulated on a sustainable basis through the creation of a more balanced and less concentrated market. It is in this context that a truly structural approach should be considered. This analysis compares the principal measures against abuses of economic power employed in France and Korea, which sometimes adopt different responses to similar circumstances
David, Eric. „Les sanctions des pratiques anticoncurrentielles en droit comparé“. Université Robert Schuman (Strasbourg) (1971-2008), 2004. http://www.theses.fr/2004STR30010.
Der volle Inhalt der QuelleThe goal of antitrust sanctions should be efficient enforcement of antitrust law. Not only over dissuasion but also under-dissuasion have to be fought. Antitrust law enforcement's costs have to remain low. Procedural and content rights are closely linked. An optimal sanctions regime supposes an efficient identification of infringements The European system costs of regulation and those of non-regulation are very high. As far as cartels are concerned, the American system has the merit to propose a model of criminal negociation that permits an efficient application of competition rules. In order to guarantee the markets self-regulatory function, public powers should restrain barriers to market access and put an end to the economic state control. To minimize perverse effects of fines passed on undertakings, emprisonment sentences should be preferred for major infringements. Such a criminal sentence is dissuasive and makes the public opinion aware of antitrust law
Alkassas, Haytham Korany Hassam Ali. „Les pratiques anticoncurrentielles : approche comparatiste franco-égyptienne“. Montpellier 1, 2009. http://www.theses.fr/2009MON10054.
Der volle Inhalt der QuelleThe anti-competitive practices are individual or collective behaviors made by undertaking in order to increase their profits through, especially, the exclusion of their competitors or the creation of obstacles to the entry of new competitors, always to the detriment of the consumer in the end. Their appreciation and condemnation highlight the disparity between the different legal systems. The European and French authorities of competition provide to their concepts an economic content, without identifying them to pre-existing legal categories. The frequent use of the criteria of the market control in their examination shows the primacy of the economic analysis. Such a conception would exceed the intention of the Egyptian legislator. Egyptian law favors a formal regulatory approach that guarantees predictable of legal situations as well as the legal security of the undertaking. However, a desirable legal security has a cost that cannot be ignored
Dumarçay, Marie. „La situation de l'entreprise victime dans les procédures de sanction des pratiques anticoncurrentielles : étude des procédures française et communautaire d'application du droit communautaire des pratiques anticoncurrentielles“. Montpellier 1, 2008. http://www.theses.fr/2008MON10069.
Der volle Inhalt der QuelleLeblond, Lauren. „Pratiques anticoncurrentielles et brevet : étude en faveur de la promotion europeenne de l'innovation“. Paris 10, 2012. http://www.theses.fr/2012PA100167.
Der volle Inhalt der QuelleTechnological innovation, in the European economy, just like in any other free-market economy, is promoted through two different systems:one is the competition between companies, which works as an incentive to strengthen their position on the market, and the second one is the patenting of their new products, which comes as a reward, by granting them a temporary monopoly on their creation. Anticompetitive practices will be met by law if any company policies impedes free competition and economic effeciency. However, patents will boost this efficiency only if the aim of the system – which is to promote innovation- is not derailed. Control through free –competition rules may take various forms, sometimes exclusively repressive, and sometimes more of an incitement. Repression cannot be considered really satisfactory, since it would hamper the promotion of innovation : the unpredictable, sometimes even wrong, nature of the sanction may prove to undermine innovation. The aim of this study is therefore to research the means to legitimize the intervention of competition law, for it seems to be a necessary condition for the efficient promotion of innovation. To do this, the authorities in charge of the legal application are opting for an incentive approach. The legitimacy is promoted through various bills encouraging cooperation in industry. Moreover the legitimacy implies a greater morality in the use of this exclusive title by the patent holders. However, analysis shows that the search for morality should not be restricted only to the law of competition but should also include a modernization of the patenting system itself
Beaudoin, Guillaume. „Pratiques anticoncurrentielles et droit d'auteur“. Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100040/document.
Der volle Inhalt der QuelleAmong all intellectual property rights, copyright seemed to be initially far away from the economic concerns of competition authorities. Originally designed with a view to protecting literary and artistic creation, it now appears more as a tool of economic power turned to investment protection, and, more generally, as a vehicle of economic activity. As such, the application of competition rules to practices based on exercise or management of copyright is now regarded as unavoidable. However, such application must be performed with care and caution as it sometimes bumped into the principles of literary and artistic property and raises questions about a more appropriate definition of the protection offered by copyright. Moreover, the modification of practices complying with copyright rules, in the name of free competition, is not without risk. It leads to draw the outlines of copyright according to considerations designed for competition laws and can aim, sometimes, towards an erosion of the rights of copyright’s owners or a decline of their level of protection. Eventually, creation could be threatened. In any event, it is therefore essential to look for an equilibrium which would satisfy both the requirements and principles of free market competition and the necessity to effectively protect copyright
Flandrois, Cécile. „La loyauté dans la concurrence“. Lyon 3, 2002. http://www.theses.fr/2002LYO33027.
Der volle Inhalt der QuelleLaval, Marie. „La procédure d’engagements en droits européen, français et allemand : étude comparée“. Thesis, Paris 10, 2020. http://www.theses.fr/2020PA100107.
Der volle Inhalt der QuelleIn competition law, the commitment procedure constitutes an alternative procedure to traditional competition procedures. In antitrust law, it prevents the authorities from issuing an infringement decision. Regarding merger control, the procedure allows for the approval of mergers that would otherwise have been prohibited, by eliminating the risks that a given transaction may pose to competition. The commitment procedure has become an essential tool for competition authorities to quickly restore competition. It is also useful to undertakings. They see it as an opportunity to avoid any financial sanction or to pursue their business operation. In order to secure appropriate commitments to competition concerns, competition authorities and undertakings discuss the content of the commitments. When the competition authorities and the undertakings reach an agreement on the commitments, they are still to be effectively implemented. Undertakings are responsible for their implementation, and competition authorities must ensure their effectiveness. If commitment decisions involve the competition authorities and the undertakings bound by the commitments only, third parties such as economic active players in the markets in question are necessarily implicated as well. This thesis aims to explain the mechanism of commitments in the procedures dedicated to it and to check their effectiveness. Furthermore, this work takes a comparative perspective. The standardization of competition law in Europe has also prompted Member States to adopt a similar mechanism, while in certain respects retaining approaches specific to their legal system. Thus, the mechanism of commitments will be studied from the point of view of European, French and German law
Lehaire, Benjamin. „L'action privée en droit des pratiques anticoncurrentielles : pour un recours effectif des entreprises et des consommateurs en droits français et canadien“. Thesis, Université Laval, 2014. http://www.theses.fr/2014LAROD002/document.
Der volle Inhalt der QuelleRegulation of competition is dualistic in France and Canada. On one side, public authority frame the market and impose sanction, if appropriate, to the practices contrary to existing legislation, and, on other side, the victims injured by antitrust practices, that is consumers and company, may bring a private procecussion based on the liability to obtain a compensation for the antitrust injury. They are respectively of public action and private action, also referred to as public enforcement and private enforcement of competition law. However, in the European Union, and particularly in France, the antitrust harm has no effective remedy. Indeed, in France, consumers had not, until the adoption of the collective redress, procedural means to access the judge of compensation. In addition, the French civil law proves too rigid to allow compensation for something as complex as the competitive harm. For its thinking about it, the French legislator has often turned to the Canadian and Quebec models to reform its bicentenary civil law. Indeed, the Quebec civil law is particularly flexible in disputes related to competition law. In addition, the Canadian Competition Act provides a right to compensation adapted to the constraints of the victims of anticompetitive practices. The author has sought to understand how the Canadian private enforcement mechanism works to assess whether this model, through the Quebec civil law, could inspire a reform of French civil law model adopted by the legislature in particular during the introduction of collective redress. The analysis is primarily civil law to allow a reading of private action that departs from conventional stereotypes of the American experience in this field. The ultimate goal of this comparison is to make effective use of the private businesses and consumers in French and Canadian rights following an injury resulting from a violation of anti-competitive practices
Briend, Cyril. „Le contrat d'adhésion entre professionnels“. Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015USPCB177/document.
Der volle Inhalt der QuelleThe professional, supposed to be able to defend his interests, by opposition to the employee or the consumer, has proven to also be victim of imbalanced contracts for a few decades. The emergence of powerful private companies in various sectors clearly leads to inequalities between professionals. Our study underlines the difficulty to find the best criterion to identify what a professional weaker party is. It is impossible to say that globally such company is stronger than another because the legal person party to the agreement can hide many interests, which are hard to seize at first sight. Nor can the judge arbitrate prices in an authoritarian way without risking a misappropriation of his part. We shall side for this idea: a business-to-business agreement is to be qualified of adhesion contract as long as it does not give place to adequate bargaining; so the judge has to look the bargaining process and the circumstances preceding the contract. Many criteria can help the judge such as the size of the company, market parts, exchanged words, the good or bad faith of the parties or the efforts they have made. If we consider the bargain analysis as the ultimately rightest choice, we have to contemplate its limitations. It would not be realistic to consider that the judge could always discover every circumstance prior to the agreement. This is why we shall join a system of presumptions - albeit rebuttable - to the bargain analysis, when the difference of size of companies or the disproportion of provisions is obvious. We shall put into light the strategies used by strongest parts to bypass the bargain analysis, such as harmful clauses or internationalization tactics. Thus, we shall opt for high obligatory standards, as well as in national law than in international law. Once the bargain analysis is done, we shall try to suggest sanctions adapted to the concern. The judge, in our opinion, must be able to modify the agreement in a very flexible way, either retroactively or during the implementation of the said agreement. The gravity of various contractual behaviors must lead us to think about a form of criminal law or a "quasi criminal" law in order to combat those behaviors in a more suitable mean. Nevertheless, the protection of the professional weaker part is also to be dealt on a procedural ground. A proceeding for interim measures is likely to face the needs for celerity, which bother the weakest parts for their action. We shall also underline the advantages of a class action, which could overcome the financial issue of the lawsuit. Conversely, the legal security of business will bring us to foster a protection by a soft law system. First Part: The identification of the business-to-business adhesion contract. Second Part: The judicial treatment of business-to-business adhesion contracts
Le, Soudéer Mathieu. „Le contrôle du respect des droits fondamentaux par la Cour de justice de l'Union européenne en matière de procédures applicables aux pratiques anticoncurrentielles“. Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020056.
Der volle Inhalt der QuelleThe judicial control of fundamental rights, in the field of EU antitrust proceedings, has developed in a context characterized by the increasing importance ofthe repressive side and the diversification of procedures serving the enforcement of EU provisions applying to anticompetitive conducts. Besides, the protection of fundamental rights has become an unavoidable imperative within the EU legal order.The EU courts are expected to cope with two main challenges.The first one is essentially procedure-oriented and lies in the way the various procedures applying to articles 101 and 102 TFUE are to be legally carried on and combined. The EU judicature is supposed to reconcile, on the one hand, the protection of fundamental rights that strengthen the fairness of procedures and, on the other hand, the quest for procedural efficiency. In that respect, the progressive enhancement of the protection of stakeholders' rights does not completely compensate for the priority still granted to the objectives of efficiency and effectiveness. The second one rather is of an institutional nature and regards the respect of the structural requirements stemming from the right to a fair trial. The upholding ofthe current institutional system that provides the EU Commission with substantial powers depends on the capabality of the control exerted by the EU courts to meet certain requirements in terms of completeness and intensity. Thus, a fundamental principle appears to be the initial driving force of a significant strengthening of the judicial control. Moreover, fundamental rights have proven to be instrumental in enabling the EU judges to deploy an in-depth and objective control
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.
Der volle Inhalt der QuellePas de résumé en anglais
Gnimpieba, Tonnang Edouard. „DROIT MATERIEL ET INTEGRATION SOUS REGIONALE EN AFRIQUE CENTRALE : CONTRIBUTION A L'ETUDE DU DROIT COMMUNAUTAIRE DE LA COMMUNAUTE ECONOMIQUE ET MONETAIRE DE L'AFRIQUE CENTRALE (CEMAC)“. Phd thesis, Université de Nice Sophia-Antipolis, 2004. http://tel.archives-ouvertes.fr/tel-00441405.
Der volle Inhalt der QuelleLuigi, Mimosa. „L’isolement cellulaire des détenus associé au risque de récidive violente et non violente : une revue systématique et méta-analyse“. Thesis, 2020. http://hdl.handle.net/1866/24500.
Der volle Inhalt der QuelleRecidivism amongst releasees bears heavy consequences for society in terms of financial costs and public health strain. Placing inmates in solitary confinement (SC) was adopted as a solution for disordered behaviors in prison, without indication as to its impacts on recidivism. Approximately 7% of North American inmates are housed in SC, many of whom will suffer psychological deterioration. Moreover, studies dispute that SC can reduce institutional misconduct, casting doubt on its potential for inspiring behavioral change. To clarify the effects of SC on recidivism would inform recent debates around its cost effectiveness and the evaluation of associated victimization risks. Therefore, a systematic review and meta-analysis were conducted to clarify the impact of SC on recidivism. Random-effects meta-analyses were carried out to quantify the association between SC and rearrest, reincarceration, and violent reoffense. Additional sub-analyses allowed to characterize recidivism risk following different forms of SC, lengthier periods of exposure, and shorter transition time between release from SC and to the community. Our article showed a moderate association between SC and increased recidivism, which remained robust to confounders. SC was associated with an increase in all forms of recidivism. Finally, longer and more recent exposure to SC upon release both further increased recidivism risk. This memoir thus provides further evidence that SC does not present significant benefits that could outweigh its associated mental health and financial costs. Finally, multiple initiatives are discussed in the context that they could facilitate community reentry for inmates exposed to SC.