Dissertationen zum Thema „Suppléance du Conseil d'Etat“
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Rolland, John-Christopher. „La suppléance du Conseil d'Etat auprès de la France libre (1940-1945)“. Electronic Thesis or Diss., Université de Lille (2018-2021), 2019. http://www.theses.fr/2019LILUD020.
Der volle Inhalt der QuelleThe replacement of the Council of State was very early considered by the authorities of Free France. The reconstitution of a Council of State in its two dimensions, jurisdictional and consultative, in London and then in Algiers is part of a dual process. First, it establishes the legitimacy of a movement that is seeking international recognition by guaranteeing respect for the principle of legality and the creation of standards faithful to the "just laws of the Republic". Then, by supporting the dynamic process of restoring republican legality, the deputy of the Council of State signs a dazzling contribution to the legal transition that the authorities of Free France operate with both the Vichy regime and that of the Third Republic. Lastly, the deputy of the Council of State played a non-negligible role in the re-establishment of a Council of State whose credit was damaged at the time of the Liberation. The spirit of renewal that it imprints on the institution allows a real modernization of the latter
Chaisemartin, Arnaud de. „L'appel provoqué devant le Conseil d'Etat“. Paris 2, 1987. http://www.theses.fr/1987PA020003.
Der volle Inhalt der QuelleChaisemartin, Arnaud de. „L'Appel provoqué devant le Conseil d'Etat“. Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb37603713c.
Der volle Inhalt der QuelleWehbe, Wassim. „Le Conseil d'Etat libanais juge constitutionnel“. Thesis, Grenoble, 2014. http://www.theses.fr/2014GREND016.
Der volle Inhalt der QuelleIf all judges are required to apply the Constitution, the Council of State, has a special status. He has to appreciate more often than the other judges, compliance with the Constitution of the administrative action. Submission of administrative acts to the Constitution need not go through a constitutional court. Control of the constitutionality of administrative acts must overlap and even merge with the judicial review. The system of constitutional review introduced in 1990, has deprived the ordinary courts of the power to exercise control of the constitutionality of laws. The regime of the Constitutional Council has probably less guarantees that the door of the Constitutional Council is narrow and is forbidden to individuals, as well as ordinary judges. This scheme considers the ordinary courts incompetent for a constitutional review of the law. Indeed, Article 18 of the law 250/93 of 14 July 1993 on the establishment of the Constitutional Council provides that the Constitutional Council reviews the constitutionality of laws and instruments having the force of law. Notwithstanding anything to the contrary, no other court may exercise this control by action or unconstitutionality or violation of the principle of hierarchy of norms and texts. Thus, the Constitutional Council does not control the constitutionality of laws enacted prior to its creation, the ordinary courts including the State Council may exercise such control by action or by way of exception. The ordinary courts can no longer refuse to enforce a statute on the grounds of its unconstitutionality and is no longer allowed in any capacity whatsoever, to exercise control of the constitutionality of the law. The intervention of the administrative judge acting as a constitutional judge may help solve the problem of denial of justice existing in the Lebanese legal system.Constitutional rules apply to the administrative judge must respect its principles in the decisions it makes. Being the supreme law, the Constitution is therefore required immediate way to administrative authorities. For that constitutional standards are incorporated into the sources of legality that the administrative judge must enforce. The State Council is responsible for monitoring the compliance of normative acts with the Constitution. This control function causes the function of interpretation of constitutional provisions. The administrative judge exercising similar functions: it supervises the compliance of administrative acts with the Constitution and is interpreter of the Constitution. The Council of State cannot control all administrative acts, as some of them violate the Constitution merely because they apply an unconstitutional law. But according to the theory of legislative screen, the law shields between the Constitution and the controlled act. The mission of the State Council is she to question the application of this law unconstitutional. This mission can only be achieved if the Council of State acts as the constitutional court, that is to say, if it is required to review the constitutionality of administrative acts In France, the system of constitutional review introduced by the 1958 Constitution limited the constitutionality of laws to control a priori. Any judge could not apply the law, even unconstitutional. This problem was solved in France in 2008 by the constitutional reform made by the Constitutional Act No. 2008-724 of 23 July 2008 which adds Article 61-1 of the Constitution
Henry, Olivier. „La fonction de proposition du Conseil d'Etat“. Montpellier 1, 2000. http://www.theses.fr/1999MON10022.
Der volle Inhalt der QuelleManson, Corinne. „Le recours en cassation devant le Conseil d'Etat“. Tours, 1994. http://www.theses.fr/1994TOUR1005.
Der volle Inhalt der QuelleTHIS THESIS AIMS TO LOOK AT APPEALS OF LAST RESORT (RECOURS EN CASSATION) BEFORE THE CONSEIL D'ETAT, WHICH ARE IN ORIGIN AS OLD AS THE CONSEIL D'ETAT ITSELF. With THE ETABLISHEMENT OF THE FIVE ADMINISTRATIVE APPEAL COURTS BY THE LAW OF THE 31 DECEMBER 1987 THIS APPEALS HAS BEEN DESTINED TO BECOME THE MAIN MODE OF APPEAL BEFORE THE CONSEIL D'ETAT. THE THESIS AIMS TO SHOW. FIRSTLY, THAT THE APPEAL OF LAST RESORT, ALTHOUGH AVAILABLE WITHOUT DOCUMENTATION, IS A MODE OF APPEA WITH RESTRICTED ACCESS. ONLY ADMINISTRATIVE DECISIONS GIVEN WITH NO RIGHT OF APPEAL CAN BE REFERRED TO THE CONSEIL D'ETAT WHEN ACTING AS THE COURT OF LAST RESORT. THE LAW OF THE 31 DECEMBER 1987 REINFORCED THIS RESTRICTIVE CHARACTER BY SETTING UP A PRELIMINARY COMMISSION FOR ADMISSIONS TO SELECT FROM AMONG THESE ADMINISTRATIVE DECISIONS THOSE WHICH WILL ACTUALLY BE REFERRED TO THE CONSEIL D'ETAT. THE CONDITIONS FOR REFERRAL TO AN APPEAL JUDGE ARE CONSIDERED NEXT, WHICH ARE SHOWN TO BE RESTRICTIVE, CONTRIBUTING TO LIMITING ACCESS TO THE CONSEIL D'ETAT. HOWEVER, THE SECOND PART OF THESIS AIMS TO SHOW THAT THE. .
Mandin, Maël. „Le recours en cassation devant le Conseil d'Etat“. Metz, 2004. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/2004/Mandin.Mael.DMZ0404.pdf.
Der volle Inhalt der QuelleBy the end of the 80's, they was a large backlog of cases for the Conseil d'Etat, so legislation was passed to avoid substantial delays in proceedings. The Act of 31 December 1987, added to the court vested with administrative jurisdiction the administrative court of appeal, to which the bulk of the appellate jurisdiction was transferred. For these courts and various specialised courts, such as the Court of Audit, an appeal on points of law lies to the Conseil d'Etat as supreme administrative court. The Conseil d'Etat will not overrule the assessment the lower court made of the facts. Thus determining what can be qualified as an error of law, is the criterion to ascertain if the applicant's complaint is justified. However, case-law on that topic is ambiguous and raises much controversy. The Conseil d'Etat might dismiss the argument submitted by an applicant. It may also quash the decision of the lower court and, subsequently, rule on the merits of a case or remit the case to a lower court
Rainaud, Nicolas. „Le commissaire du gouvernement près du Conseil d'Etat“. Nice, 1989. http://www.theses.fr/1989NICE0020.
Der volle Inhalt der QuelleBouvet, Marc. „Le conseil d'etat sous la monarchie de juillet“. Rennes 1, 1997. http://www.theses.fr/1997REN11025.
Der volle Inhalt der QuelleCuriously, no research into the conseil d'etat under the july monarchy had hiterto been undertaken ; this lapse can doubtless be justified by the almost total destruction of the conseil archives when the palais d'orsay was burnt in may 1871. Nevertheless, numerous, scattered documents, both hand-written and printed, have been collected by means of long and frequently difficult research in the various public record offices. Without revealing all the conclusions of this work, one can state with neither complacency nor nostalgia that the july monarchy was a determining stage in the history of the conseil d'etat. This thesis consists of four volumes. The first is devoted to the apparatus of the institution. The detailed analysis of the make-up of the conseil gives a very different picture from the traditional stereotypes which would have one believe that the time of the orleanist monarchy was a period when the upper civil service was politicized to an extreme degree. On the contrary, between 1830 and 1848, the conseil d'etat showed itself to be a truly professional body, relatively unaffected by political turmoil. It is during this period that the idea of a career in the conseil took shape through the passing of cases. The second volume deals with the activities of the institution. As the government's counsel, the conseil d'etat proved to be the indispensable instrument of administrative centralisation in a context of economic and technical revolution. Its authority was doubtless even more clear-cut as supreme administrative juge. This analysis aims to show in a new light, from within, the real circumstances of the elaboration of french administrative law in the middle of the nineteenth century. The last two volumes form a biographical dictionary of the members of the conseil d'etat during the july monarchy, an important resource for the writing of the history of the upper civil service in the nineteenth century
Cordier-Oudot, Lucie. „Le Conseil d'Etat et la simplification du droit“. Thesis, Besançon, 2012. http://www.theses.fr/2012BESA0002.
Der volle Inhalt der QuelleThe simplification of law is expressed today by a voluntarist policy implemented by the public Authorities and it is particularly materialized by means of laws tending to simplify law. This policy thus aims at reducing the intricacy of law a posteriori because it aims at re-writing the existing legislation and regulation. However, it is possible, considering the purpose of this policy – the improvement of the quality of law -, to think of an original meaning of the simplification of law consisting in anticipating the intricacy of law a priori, at the level of the writing of law.Different actors are going to work towards the achievement of the simplification of law. Among them, only one institution has at its disposal many means to be the mainspring of it : the Council of State. Because, considering the specificity of its attributions (functional duality, role of proposal, etc…) and the place it occupies within the institutions (as institution but also by means of its members who irrigate the decision-making spheres) the Council of State is a key actor for the simplification of law.When this latter is considered as a voluntarist policy of the public Authorities, the Council of State plays an essential part. On the one hand, taking advantage of the experience it has acquired in the simplifying works priori to this policy and by the place its members occupy in some structures that work towards the achievement of this policy, the Council of State plays an active part in the policy of simplification of law. On the other hand, the initial choice of the simplification of law by edicts has offered the Council of State a significant place because the modes of the state intervention are numerous. In 2008, the insertion into the constitution of the possibility of asking the opinion of the Council of State about the private bills has entitled the latter to replace itself within the policy of simplification of law. However the role of the institution is ambivalent. Because, even though it influences the content of the texts of simplification, the Council of State has contradictory views on this public policy. Considering the second meaning of the simplification of law, the anticipation of the intricacy of law, the efficiency of the intervention of the Council of State is different. Within the framework of the consultative function, whereas it has efficient means to anticipate the intricacy of law, the Council of State eventually has no decision-making power and the intricacy of the procedures of decisions limits the significance of its action. Within the juridictional frame, the interpretation of the judicial precedents tend to emphasize the intricacy of law, which raises the question of the improvement of the quality of the writing of the Council of State decisions
Mandin, Maël Cattoir-Jonville Vincent. „Le recours en cassation devant le Conseil d'Etat“. Metz : Université Metz, 2008. ftp://ftp.scd.univ-metz.fr/pub/Theses/2004/Mandin_Mael.DMZ0404.pdf.
Der volle Inhalt der QuellePauliat, Hélène. „Le droit de propriete dans la jurisprudence du conseil constitutionnel et du conseil d'etat“. Limoges, 1991. http://www.theses.fr/1991LIMO0420.
Der volle Inhalt der QuelleProperty law acquired constitutional status after the decision of the constitutional council on january 16th 1982. The supreme court, in making this decision, defined the constitutional law of property which can be a public or private nature. The many decisions made especially after 1982 shaw that the protection offered by the law is not completely satisfactory. Of course, only the legislator can infringe on the law, the government intervening only in a residual manner. But restrictions on the law of property are multiplying. They are accepted as much by the council of state as by the constitutional council. In certain cases those who infringe must indemnify those who are adversely affected: in particular where there is deprivation of property, the most frequent examples being nationalisation and expropriation. But other infringements are not indemnified: property law appears in this light to be a right which is merely conceded to individuals while the two jurisdictions agree to recognise a sort of pre-eminent right in public authorities, the authors of these restrictions or, at the very least, the possibility of directing the law in order to satisfy society's needs
Rivoire-Ewanje, Ndoumbe Barbara. „Le Conseil d'Etat et la sécurité juridique des étrangers“. Montpellier 1, 2001. http://www.theses.fr/2001MON10017.
Der volle Inhalt der QuelleBouvier, Laure-Alice. „Le Conseil d'Etat et la confection de la loi“. Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020049.
Der volle Inhalt der QuelleIf we stick to a formal vision, participation of the Council of State in making the law appearsmalrked by a remarquable permanence and stability since its inception in the year VIII. Acloser examination reveals a more complex truth. Until its constitutionalization in the FifthRepublic, the participation of the Council of State in making the law was faced with theproblem of legitimacy. This is a different issue that the Council of State is currently facing inthe exercise of its legislative function, the one of its expansion in public institutions since theconstitutional revision of the 23th July 2008 which amended its place in the legislativeprocess. As part of its participation in the law, the Council of State has also to deal with thetransformations the legal system has to face today, and in particular the phenomenon ofdiversification of sources of law that controls a necessary adaptation of its organizationalframework, its methods and its analytical framework
Zebian, Hidab. „Le Conseil d'Etat libanais gardien de l'Etat de droit“. Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D013.
Der volle Inhalt der QuelleShehada, Moussa. „" la cour supreme jordanienne " comparaison avec le conseil d'etat francais“. Paris 12, 1992. http://www.theses.fr/1992PA122000.
Der volle Inhalt der QuelleThe jordanian supreme court, highest and only judge in matter of administrative dispute order has since its founding in 1952, nothing but a strict litigation mission in the jurisdictional fonction in administrative matter. While the french state councel was, since its founding by napoleon ist, entrusted at one and the same time by a consultative mission (in legislative matter, in administrative matter, and in inspection matter), and of litigation mission. In fact, the supreme court and the state councel considered as an " attribution judge " in first and last scope for certain disputes restritively enumerated by the texts (espcially in the public office, decrees, administrative decisions, elections. . . ). They form a "supreme court" in matter of administrative litigation in that way the state councel is appeal judge and cassation judge withe reference to a certain number of administrative juridictions giving a ruling in first scope. While the supreme court is excvlusinely an appeal judge in respect of decision taken by the companys' manager. Finally the supreme court is "judge of common law" in matter of administrative dispute whereas the state councel was till 1953, a date at which it has lost that quality on benfit of the administrative courts
Potvin-Solis, Laurence. „L'effet des jurisprudences européennes sur la jurisprudence du Conseil d'Etat“. Paris 2, 1994. http://www.theses.fr/1994PA020072.
Der volle Inhalt der QuelleNgome, Ayong Paul. „La prérogative de puissance publique dans la jurisprudence du Conseil d'Etat“. Paris 2, 1998. http://www.theses.fr/1998PA020062.
Der volle Inhalt der QuelleHauuy, Cédric. „Le contrôle par le conseil d'Etat sur les juridictions administratives spécialisées“. Thesis, Université de Lorraine, 2014. http://www.theses.fr/2014LORR0321.
Der volle Inhalt der QuelleWithin the French administrative jurisdictional order, twenty-six specialised courts, all of which also has controlled by the Conseil d’État either by the way of appeal, or by the way of “cassation”, operate alongside the general courts.The study of these courts reveals certain particularities of their own with regards to their composition and functioning. The Conseil d’État, in its role as the supreme administrative court, assures the respect of essential applicable rules before these lower courts, including the right to a few trial and impartiality, whilst also imposing on them a certain procedural standard.The object of this study is to explore the legal reasons and interest behind this control by the Conseil d’État, and the subsequent methods employed, in particular with regards to the unified application of the law within the French administrative order. The aim is to examine this control beyond its simple jurisdictional nature, as well as its effects, in the fact that it favours harmonisation and standardisation between these various courts
Quiviger, Pierre-Yves. „Le philosophe et l'administrateur : Sieyès et la création du Conseil d'Etat“. Paris 1, 2003. http://www.theses.fr/2003PA010638.
Der volle Inhalt der QuelleTreguier, Marie-Laure. „L'influence du Conseil d'Etat sur le Conseil constitutionnel : principes généraux du droit et principes de valeur constitutionnelle“. Nice, 1992. http://www.theses.fr/1992NICE0039.
Der volle Inhalt der QuellePORTET, PHILIPPE. „Le conseil d'etat et les autorites administratives independantes competentes en matiere audiovisuelle“. Angers, 1997. http://www.theses.fr/1997ANGE0002.
Der volle Inhalt der QuelleThe ambiguity found in the notion dealing with the independence of independent administrative authorities leeds to wonder about these institutions real independence. Functional and organic criterions took into secount by the doctrine to put in to date are not the best way to succeed in finding it out. Without atributing to those of these competent authorities in audio-visual matter this denomination in its case law, the french council of state considere then as regulation authorities. The whole authority-regulation fully let us know this independence. The regulation of the audiovisual by these organisms implies that they are endowed with an independence in exercising their prerogatives. Refereing to the acts adopted by the high authority of audio-visual communication, the national board ofcommunication and liberties and the head board of audio-visual, the council of state evaluate the legality by resorting to a control with a flutuating degree. On the first hand, the limited control by the administrative judge tends to preserve their independence of action when such organisations apply their authorisation and regulation power. On the other hand, the emphasis on the control of legality gradually leeds to restrict their independence if they happend to exercising their power of sanction; affecting this last public liberties. The extended control of proportionality exerted by the judge on the activity of these organisations of regulation finlully includes them into the normal area of the administration. The french council of state considers them as simple classic administrativeauthorities. The independence of these administrative authorities does not implies, for the judge of the royal palace, to practice a particular control of legality
Lespagnol, Alain. „Les Commissaires du Gouvernement auprès du Conseil d'Etat de 1850 à 1900“. Rennes 1, 2001. http://www.theses.fr/2001REN10411.
Der volle Inhalt der QuelleAuvray, Mathilde. „Le dialogue entre Conseil d'Etat et cours européennes : l'exemple significatif du principe d'égalité“. Montpellier 1, 2009. http://www.theses.fr/2009MON10035.
Der volle Inhalt der QuelleAs a result of a normative interaction, the dialog between the french Conseil d'Etat and the European courts is a way to evidence their divergences as well as a way to induce them to converge. While oppositions between different acceptations of a principle of equality - which is as fundamental as it is polemical - constitute the heart of this discussion, the communication between various interlocutors enable the emergence of a pluralist space. Threatened by the hegemonic risk, interaction should always try to prevent the power of authority overriding the recognition of a necessary otherness. Claimed by the national judge, it leans towards the respected freedom which is granted by the European courts. On this basis the dialog leads to a profitable and well argumented cooperation between judges. The material evolution of the equality principle is the signature of its fulfillment. It underlines the conceptual mutation of the law where the interaction between judges incites the juridical orders to come closer
Berthier, David. „Discontinuité constitutionnelle, continuité jurisprudentielle ? : La jurisprudence du Conseil d'Etat de 1806 à 1821“. Paris 2, 2005. http://www.theses.fr/2005PA020007.
Der volle Inhalt der QuelleAbiad, Nisrine. „Le Conseil d'Etat : juge de cassation dans le contentieux de la responsabilité administrative“. Paris 2, 2005. http://www.theses.fr/2005PA020009.
Der volle Inhalt der QuelleWeil, Laurence. „L'erreur manifeste d'appréciation et le bilan coûts-avantages révélateurs de l'unité fonctionnelle du Conseil d'Etat“. Montpellier 1, 1993. http://www.theses.fr/1993MON10014.
Der volle Inhalt der QuelleThe analysis of the technics of control evident error of appreciation and balance of inconvenients-avantages, which is conducted usually only on the contentious ground, let numerous incertitudes around those notions. Their integration in the contentious organization is difficult and the differenciation of those technics in relation to each other is a problem. On the opposite the field of analysis is renewed by shoving the relations between the tools ands the methods of the work in administrative and contentious formations. So the two studied technics of control are found in the consultative frame under different forms. This constatation authorized to look at the problematic of the functional unity. Traditionaly the "haute assemblee" is perceived as comprising two types of attributions, contentious and consultative, clearly separated. There are however numerous factors of unity in the institution and exemples of interactions between the "consultative" and contentious jurisprudences can be multiplied. It is mainly on the methodological field that this work can be found by asking the reader to a reversal of view which leads him to conceive the conseil d'etat in its fondamental unity
Malhière, Fanny. „La brièveté des décisions de justice (Cour de cassation, Conseil d'Etat, Conseil constitutionnel) : Contribution à l'étude des représentations de la justice“. Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10044.
Der volle Inhalt der QuelleConsidered for over two centuries as an established tradition, courts' brevity decisions is now challenged by French's supreme courts. Current developments of justice lead judges to highlight the necessity or not to maintain one of their main singularity which is to writ short decisions. This question is part of an overall consideration of the judicial function. The way the decisions are written is indeed related to some representations of justice. Then, it's necessary to update the judicial function's representation which is now also expressed by decisions' brevity. The study of the brevity meanings points out that brevity expresses a denied power of justice and faces the judge's power exercise. The ambivalent nature of brevity shows an historical paradox which is present through the history of French justice. By remaining silent, the judge has so far maintained the fiction of a non creative judge while exercising his creative power. No longer in doubt, the judge's power must be assumed through a more developed writing of its decisions
Sejourne, Emmanuelle-Sophie. „L' application des droits français et communautaire de la concurrence par le Conseil d'Etat“. Paris 2, 2002. http://www.theses.fr/2002PA020054.
Der volle Inhalt der QuelleLaroche, Cyril. „Les actes non susceptibles de recours devant le Conseil d'Etat au dix-neuvième siècle“. Paris 5, 2005. http://www.theses.fr/2005PA05D001.
Der volle Inhalt der QuelleSince contentious claims were introduced, Conseil d'Etat requires that, in order that a claim be admissible, the petitioner must file it against a decision taken by an administrative authority, Conseil d'Etat lays down the criteria& a contested decision must meet in order to be able to file a claim against it. But Conseil d'Etat still enforces most of these criteria nowadays even though, since 1901, it keeps limiting their scope. In the 19th century, Conseil d'Etat considered that administrative decision had to be protected. Conseil d'Etat refused to rule on some decisions, in order to establish administrative authority. During the course of century, the activity of administrative authorities developed. The act of 24 may 1872 was also a means to protect administrative decisions. Conseil d'Etat had to act as a judge and take decisions with impartiality in contentious matters opposing petitioners to an administrative authority and refuse to rule on some decisions
Bourrel, Antoine. „Le Conseil d'Etat juge de cassation face au pouvoir d'appréciation des juges du fond“. Pau, 1999. http://www.theses.fr/1999PAUU2002.
Der volle Inhalt der QuelleThe failure of the punctual actions taken for curing the congestion which was endangering the equilibrium of the council of state prompted to e deep change. Thus, the laws modifying the matters in administrative dispute created the administration courts of appeal and transfered them most of the appeals at law competences of the council of state, the latter being then almost exclusively concerned by cassation cases. From now on, it has to make law decisions on the lawfulness of judgements which are submitted, in order to ensure the law interpretation unity and the equality of the justiciables with respect to it. The loss of its appreciation power of the facts makes this undertaking difficult, especially in view of the will of saving its previous creative role which he was exerting thanks to the appeal for action ultra vires. Achieving the claimed objectives while avoiding the creation of a third jurisdiction level entails a well adapted control able to hit the appreciation power of the first judges. It seems that the council of state successds by applying a control limiting this power in a continuous manner. In this goal, the control of the juridicial designation plays a key role, though its clauses as well as through the flexibility of its appreciation. Combining it appropriately with the error in law should furthermore allow an extension of the control. But ths success of the mission of cassation requires also to have recourse to a control yielding to contradict the power of appreciation of the judges of substance. This developping the procedure of ruling the substance or of controling yhe interpretation of the juridicial acts is instructive. However, the respect of the fundamental principles of cassation implies a discontinuous contradiction of this power
Pause, Jérôme. „Der französische Conseil d'Etat als höchstes Verwaltungsgericht und oberste Verwaltungsbehörde seine Entwicklung und heutige Stellung“. Frankfurt, M. Berlin Bern Bruxelles New York, NY Oxford Wien Lang, 2006. http://d-nb.info/988273810/04.
Der volle Inhalt der QuellePause, Jérôme. „Der französische Conseil d'Etat als höchstes Verwaltungsgericht und oberste Verwaltungsbehörde : seine Entwicklung und heutige Stellung /“. Frankfurt, M. [u.a.] : Lang, 2008. http://d-nb.info/988273810/04.
Der volle Inhalt der QuelleChapel, Nathalie. „L'oeuvre de Guy Braibant : contribution d'un membre du Conseil d'Etat à la modernisation du droit“. Montpellier 1, 1999. http://www.theses.fr/1999MON10047.
Der volle Inhalt der QuelleVocanson, Claire. „Le Conseil d'Etat français et le renvoi préjudiciel devant la cour de Justice de l'Union Européenne“. Thesis, Saint-Etienne, 2012. http://www.theses.fr/2012STETT103.
Der volle Inhalt der QuelleAs ordinary court of law of community law, then of law of the European Union, the French Council of State had to integrate community law followed by law of the European Union as reference standards of the control of conformity to a convention. In order to help in this integration, the Council of State has a tool: preliminary ruling proceedings. The use of preliminary ruling proceedings by the Council of State corresponds to the search for a delicate balance of shared competences between the Court of Justice and the Council of State. The Council of State tried at first to find its place and, in fact, to establish its role as a judge of common law. It also contributed to define the role of national judge in the preliminary ruling proceedings. Then, because it was able to contribute to define the role of the national judge in the exchange with the Court of Justice, the Council of State used preliminary ruling proceedings as a tool of understanding between the national judge and the Court of Justice in order to achieve the uniform application of Union law. This integration has been slow because at its core was a negative a priori, followed by a lack of understanding between the Court of Justice and the Council of State because the latter did not envisage preliminary ruling proceedings in the same way. If today the Council of State and the Court of Justice have entered into a dialogue in the same direction, divergences in conception, in perception of the role of the preliminary ruling proceedings during years of exchange between the two jurisdictions allowed the development of a rich and constructive dialogue, beneficial for the law of the European Union
Lazzarin, Guillaume. „La personnalité publique dans la jurisprudence administrative“. Thesis, Nancy 2, 2010. http://www.theses.fr/2010NAN20011.
Der volle Inhalt der QuelleRecent years have witnessed a rapprochement between public law and private law. An administrative act is now in case law subjected to the market. Private law logics include the regime of liability and tender agreement. This trend is usually arrested by the privatist doctrine through the analysis of activities under public law. The privatization of public law would respond to a loss of specificity of public service and a dilution of the concept of public interest. However, two findings encouraged to change the way to analyse this: first the sustainability of a judicial dualism and then the distinction between two categories of legal persons, public entities and private individuals. We therefore propose to study interactions between the evolution of administrative case law and the concept of public legal person
Harada, Shoji. „La contribution des commissaires du gouvernement près le Conseil d'État à la construction de la théorie du service public (1873-1956)“. Thesis, Bourgogne Franche-Comté, 2018. http://www.theses.fr/2018UBFCF012/document.
Der volle Inhalt der QuelleThe conclusions of the Government Commissioners at the Conseil d’État are a particular type of speech. Appointend to propose, with complete independence and impartiality, a solution to each case, the Government commissioners contribute to the exercise by the formation of judgement of the judcial function, without participating. The study of the development of the jurisprudential theory of public service during the period 1873-1956 from the point of view of the speeche of the Government commissioners makes it possible to understand both the category of public service and the institution of the Government commissioner. Specific by its status, its functions and its method, the speech of the Government Commissioners sheds new light on the story analyzed of the elaboration of the category of public service which, by its conceptual density and unifying function in the Administrative law, attains the rank of jurisprudentialtheory. The richness of this story provides countless materials to understand the particularity of the speech of government commissioners, who propose constant adaptations of the positive law, while seeking to preserve the jurisprudential work of the Conseil d’État. Their deep attachment to the jurisprudential theory of public service shows that it becomes, over time, an inseparable element of the history of the institution
Lalaoui, Sabrina. „L'appréciation juridictionnelle de la normativité des textes juridiques : Etude de droit public“. Thesis, Cergy-Pontoise, 2013. http://www.theses.fr/2013CERG0670.
Der volle Inhalt der QuelleNo Abstract
Delanlssays, Thomas. „La motivation des décisions juridictionnelles du Conseil d’Etat“. Thesis, Lille 2, 2017. http://www.theses.fr/2017LIL20018.
Der volle Inhalt der QuelleThe aim of this research is to tackle and understand the Conseil d’Etat’s court’s decisions motivation which are often criticised. Fundamental notion in procedural law, motivation is an argumentative discourse expressing a jurisdictional technique but moreover it is specifically a discourse trying trough a legal reasoning to justify a decision in order to convince the audience. Thus we shall have to analyse its architecture and its functions in a dynamic perspective. Either way we can note that since the beginning of the 21st century the court’s motivation has evolved.This phenomenon is the result of the Europeanization and the complexity of the normative production and is also due to enhanced protection of the fundamental rights, legal certainty and the Conseil d’Etat’s wish to promote a communicational policy in order to legitimise its action. This research entails to revisit certain traditional topics such as jurisdictional syllogism, argumentation, interpretation, the motivation’s style or the normative jurisprudential power to both note and measure this evolution
Dore, Marie-Christine. „La protection du consommateur par le Conseil d'Etat et la juridiction administrative : essai de constitution d'un répertoire raisonné d'arrêts“. Paris 2, 1987. http://www.theses.fr/1987PA021012.
Der volle Inhalt der QuelleDore, Marie-Christine. „La Protection du consommateur par le Conseil d'Etat et la juridiction administrative essai de constitution d'un répertoire raisonné d'arrêts /“. Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37604650j.
Der volle Inhalt der QuelleLe, Berre Hugues. „Les revirements de jurisprudence en droit administratif (conseil d'etat et tribunal des conflits) de l'an viii a nos jours“. Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32000.
Der volle Inhalt der QuelleThe reversals of case law in administrative law, whose existence has an incidence on the normativity of the decisions given by the court, are determined by the deliberate opposition between two overruling solutions. Some difficulties appear concerning their knowledge by the doctrine, which, besides, sometimes criticizes them. Their causes, and what puts them in concrete form, must be considered before a study of the importance of the phenomenon
Morin, Asli. „La convergence des jurisprudences de la Cour de cassation et du Conseil d'Etat : contribution au dialogue des juges en droit du travail“. Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020065.
Der volle Inhalt der QuelleThis dissertation aims at describing how the two Supreme Institutions — the Board of State and the Court of Cassation —, despite their respective traditions and status were able to make their Jurisprudences convergent. Beginning with an historical Introduction, the study goes in details into the reciprocal attraction of the the Board of State and of the Court of Cassation based on shared goals (Part I). This convergent movement is discussed according to both Jurisprudences (Title 1), then in relation with the Jurisprudences of the Disputes Tribunal of the Constitutional Council and of the European Courts (Title 2). Part II offers a methodological approach explaining how the sources of these Jurisprudences are selected in order to solve normative conflicts (Title 1). A cross-movement consisting in loans and exchanges of technics between both Institutions occurs for the sake of Law unity and in defense of the public and individual Rights (Title 2)
Faye, Antoine. „Les bases administratives du droit constitutionnel français“. Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020009/document.
Der volle Inhalt der QuelleThe distinguishing feature of the French constitutional law is the fact that it uses extensively the administrative law. The Constitutional Council acquire notions, tools and ways of thinking from administrative law, whereas constitutional rules make use of administrative institutions or constructs. Meanwhile, the Council of State has both formal and material constitutional abilities. Councillors of State are ubiquitous in rules redaction, notably about the laws, where they perform a constitutional pre-control. Finally, constitutional authors, instructed in administrative law, study the constitutional rulings with administrative litigation concepts. Thus, inquiring into the administrative foundations of constitutional law involve reflecting on the existence of an administrative culture in this field. This culture comes from the singular history of French public law, which required a strong jurisprudence to compensate the constitutional unsteadiness of the 19th century. Also, it comes from the unusual building of the State and nation since absolute monarchy. French administrative law then appears especially like the first and primary source of constitutional law effectiveness until 1958. This permanence brings up questions about the relation between State and citizen, or liberalism and democracy, in an atypical French legal order
Clapié, Michel. „De la consécration des principes politiques, économiques et sociaux particuliérement nécessaires à notre temps : étude de droit public“. Montpellier 1, 1992. http://www.theses.fr/1992MON10038.
Der volle Inhalt der QuelleThe "principes politiques, economiques et sociaux particulierement necessaires a notre temps" (political, economic and social principles particularly, necessary to our time) were proclaimed and laid down in preamble to the french constitution of 27. 10. 1946 which today part of the preamble of the constitution of the vth republic. These principles were established very late as real juridical and constitutional principles, and even then the conditions of their restablishment were questionable. Their establishment comes up against resistance which give substance to the very disputable argument of a relative rule in the french constitutional law. This establishment is still ambivalent insofar as the conseil constitutionnel and the conseil d'etat have not always the same way of understanding the principles. The search of a unity in the interpretation comes up against difficulties which lead to think about the autority of the interpretation given by the conseil constitutionnel in its decisions
Aboughazi, Abdelmajid. „La réforme de l'état et les mutations du droit administratif dans les années trente : essai sur les origines des mutations du droit administratif“. Grenoble 2, 1994. http://www.theses.fr/1994GRE21008.
Der volle Inhalt der QuelleThis essay proceeds from the established fact that the thirties constitute a jurisprudential turning point of which the import sets many problems to jurists. The latter are divided between two trends : on the one hand the minority thesis of continuity, on the other hand the majority thesis of discontinuity (law crisis). Facing these two approaches, we suggest the concept of mutation starting from the hypothesis that the reversals which have affected many juridical notions find their origin in the movement of reform of the state (first part). This thesis is backed up by an examination of the jurisprudential production emphasizing the presence of a logic identical to the one underlying the reform of the state (third part). The link between the changes within the juridical system and those affecting the state appear stronger when the council of state, main production apparatus of administrative law, is placed in the midle of the analysis. As a matter of fact, this council used to play a central role in the reform policy of the state both as its object and as an actor in the process of state changes. This explains administrative judges' sensitivity to the movement of reform of the state (second part)
Bernard, Bruno. „Patrice-François de Neny (1716-1784) chef et président du conseil privé des Pays-Bas autrichiens: un homme d'état éclairé dans la Belgique des Lumières“. Doctoral thesis, Universite Libre de Bruxelles, 1992. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212885.
Der volle Inhalt der QuelleSchlette, Volker. „Die verwaltungsgerichtliche Kontrolle von Ermessensakten in Frankreich : eine Analyse der Rechtsprechung des Conseil d'Etat zu Inhalt und Umfang des pouvoir discrétionnaire der französischen Verwaltungsbehörden, unter besonderer Berücksichtigung der neueren Entwicklungen /“. Baden-Baden : Nomos, 1991. http://catalogue.bnf.fr/ark:/12148/cb39118347d.
Der volle Inhalt der QuelleChauvet, Alex. „Le renvoi et le non-renvoi des questions prioripaires de constitutionnalité par le Conseil d'Etat et la Cour de cassation : étude d'une contribution originale au contrôle de contitutionnalité de la loi promulguée en France“. Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0279.
Der volle Inhalt der QuelleBy introducing the French “question prioritaire de constitutionnalité” (QPC) andits filtering mechanism, the constituent and the organic legislator have obliged the ordinarycourts to participate in the procedure of constitutional review of the promulgated law. Thechosen organization tends to centralize the QPC and systematically direct them to the French“Conseil d’Etat” and “Cour de cassation”, which makes these jurisdictions nodal points of theprocedure. According to many authors of the doctrine, the involvement of supreme courtsgoes far beyond strictly procedural aspects. The examination of the necessity of dismissalcould even be related to a form of constitutional review on their part thus calling into questionthe French tradition of concentrated constitutional justice.The purpose of this study is to ascertain whether this observation is correct, and whether thecomparison of the “Conseil d’Etat” and the “Cour de cassation” with a constitutional reviewis justified. It then intends to identify the mechanics and trends at work during referrals andnon-referrals of QPC. To achieve this, it relies on a comprehensive study of referral and nonreferraljudgments and on the wide use of their preparatory documents, when available
Hachem, Benjamin. „L'office du juge des référés en droit de l'urbanisme“. Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32011.
Der volle Inhalt der QuelleUnder the old regime of stay of execution the urbanism crystallised the incapacity of the administrative court to prevent consequences hardly reversible of few administrative decisions. This put directly into question the credibility and legitimacy of the latest. This thesis aims to demonstrate how the legislator and jurisprudence of the Conseil d'Etat, by redefining the role of the judge of chambers, have given the juridic means to the administrative judge to answer appropriately to the legitimate expectations from litigants in terms of urbanism