Dissertations / Theses on the topic 'Administration scolaire – Droit – France'
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Yun, Minjung. "Le service public de l'éducation en Corée du Sud." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2023. http://www.theses.fr/2023ASSA0054.
Full textThe South Korean public education which contributed to the success of economic growth and democracy within a century was the pride of the country, but it eroded under the weight of the private school system and the public education crisis. Being aware of these issues, this thesis aims to obtain educational and legal ideas that apply to the education in South Korea by analyzing the French public service of education. Issues related to the ambiguous status of private schools and the neutrality principle incorrectly applied are usually reported as legal issues observed in the South Korean public service of education. As a solution to these issues, consider introducing the French concept of public service and related legal basis such as classification of public services based on functional standards, delegation of public services, respect for public service principles and active resolution of disputes through administrative courts are worth considering. The public sector requires respect for related principles and the introduction of the concept of public service can contribute to the resolution of problems related to the neutrality principle. The obligation of neutrality does not extend to the area of private life and should not serve as a legal basis to deprive fundamental rights. In addition, private religious schools which receive public subsidies, must respect the principle of neutrality instead of enforcing a specific religion on the members of the school
Boisnard-Gaudicheau, Christelle. "L'application du droit pénal en milieu scolaire." Poitiers, 2005. http://www.theses.fr/2005POIT3008.
Full textThe ambition of the research is to raise the question of Criminal Law's enforcement in one of key-sectors of our society : the educational sector. Starting with an inventory of the acts of delinquency in schools, it tries to explain and describe two chronological situations : the first one seems to be typical of a certain inefficiency of Criminal Law in this sector, due to difficulties raised as far as qualification and proceedings are concerned. The second is marked by an opposite restoring to favour of Criminal Law in schools, carried out on the one hand by implementing the existing Law and on the other hand by adjusting it to the specificity of school delinquency. The measurement of its consequences permit to expect that the thesis will have some value of assessment concerning the definition in the years to come of a policy of prevention and treatment of school delinquency
Rottier, Eric. "Les conseils, comités et commissions de l'administration scolaire et universitaire : pour un statut des organes collectifs." Nantes, 2008. http://www.theses.fr/2008NANT4004.
Full textThere is a certain amount of confusion regarding the function and role of councils. Even the notion of "collégialité" (opposite of "uniqueness"), as used by the legislator is itself ambiguous. In order to carry out a closer study of these organizations, we referred to as "collectives", it was decided to consider only those relating to school and university administration. Within this relatively coherent group, the purpose of this study is to look for a common law leading to the creation of a statute. The summa divisio of the research makes the distinction between the internal rules of the collectives and those governing the collective organs within the administrative system. Despite the impression of order the system is complex and incompatible with traditional classification and this, in itself, calls for a new approach : the "new comitology"
Epstein, Alain. "Les collectivites territoriales et le service de la restauration scolaire." Reims, 1989. http://www.theses.fr/1989REIMD001.
Full textThis thesis deals with the functioning and organization of the public service provision of meals in educational establishments, essentially by local government. The primary objective of this non-obligatory local public service is to provide clients (pupils, students, but also teachers and other employees) with suitable meals at a reasonable price. After a review of the legal conditions governing the introduction of such a service, the close examination of personnel requirements, technical characteristics, statutory and financial aspects of educational establishment catering allows a comparison of direct and contracted-out management options. By favoring the partnership principale, it is possible to remain in close touch with the client, whose satisfaction should, for both policy-makers and management, be the essential measure of the success of this public service
Ledoux, Amaury. "L' administration, le juge et l'expert." Paris 1, 2009. http://www.theses.fr/2010PA010304.
Full textKounou, Wilfred. "Le droit de choisir son juge en droit judiciaire privé." Reims, 2004. http://www.theses.fr/2004REIMD002.
Full textYou can't pick your own judge that's the principle. But there are exceptions, both nationally and abroad. Sometimes this is motivated by the need for proper administration of the justice system-for instance when a case is concentrated in one single court. The convenience of party to the trial can also be the motivating factor-when the latter refers a matter to a court within whose jurisdiction the evidence is more accessible. When this course of action is taken, various procedures even entitle the person subject to trial o choose his or her judge. Such cases are justified by the requirement of due process of law and notably the need for judgement to be rendered by a judge whose impartiality is beyond doubt. For the legal subject the choices of court and judge represent real rights which derive from various texts of law, the enforcement of which has legal consequences. Indeed this rights is binding on the judge as well as on the parties. As with any other prerogative the relevant rights depend on the legal subject's loyal behaviour. The study of these rights is not devoid of interest. It makes it possible to show there can be a link between questions pertaining to the body which pronounces a ruling and those related to the latter's author. It also emphasizes the requirements of a proper administration of justice system as well as of due process of law. Lastly, it highlights the influence of European law on national procedures
Lo, Mouhamadou. "L' administration électronique et le droit public." Paris 1, 2004. http://www.theses.fr/2004PA010279.
Full textBaoutou, A. B. Bahama. "Système éducatif, règlements intérieurs et vie scolaire : repères historiques et approches comparatives France-Togo." Bordeaux 2, 1989. http://www.theses.fr/1989BOR21002.
Full textNowadays people realize with an acute consciousness educational problems that exist in the world. In France, just as in Togo, there is a certain research for a good quality life, for sharing instruction and education ; people also want to contribute to socialisation and development. The idea of functional and "internal rules" is a modern one in which teachers and students recognise themselves. But the way from severe authoritarianism to democracy wished by everyone is a slow procedure
Dufau, Valérie. "Les sujétions exorbitantes du droit commun en droit administratif : l'administration sous la contrainte." Paris 2, 1998. http://www.theses.fr/1998PA020069.
Full textLacamp-Leplaë, Odile. "Le juge spécialisé en droit judiciaire privé." Toulouse 1, 2000. http://www.theses.fr/2000TOU10066.
Full textNervé, Frédéric. "Essai sur la déjudiciarisation en droit civil." Limoges, 2013. http://www.theses.fr/2013LIMO1007.
Full textThe justice system is struggling to cope. This easy observation, made many times before, requires us to find solutions to fluidify the processing of legal cases. The aim of this thesis is to study one of these solutions from a civil law point of view : the déjudiciarisation. This new mechanism of a common body of law, which is distinct from alternative dispute resolution, presents numerous remarkable aspects which impose a systematic study of the phenomenon. The heterogeneousness of the déjudiciarisation, first of all, can only draw the attention of the informed jurist. Déformalisation, déjuridictionnalisation and déjudiciarisation in the strict sense compose a set which, due to a gradual structure, allows an adaptation of the process of déjudiciarisation to the majority of the civil law. The mandate of the future protection, the contract of personalized social support or even the new modalities of the sharing are so many illustrations of the application of this innovative mechanism. The requirements of the déjudiciarisation, then, constitute an essential point of reflection. Indeed, the generalization of this procedural tendency can be made only if the new procedures offer a legal level of safety equivalent to that of legal proceedings. So, to reassure the users of the public service that is justice system, guarantees attached to the rignt to a fair trial will have to find their place in this new procedural corpus
Torres, Calderon Leonardo Augusto. "L'administration territoriale en Colombie et en France." Aix-Marseille 3, 1987. http://www.theses.fr/1987AIX32051.
Full textIn france, like in colombia, there is practically no local power for the lawmakers can freely lay down the attributions falling to the local bodies. However colombian local authorities have a rather big statutory power about specific matters, whereas french local authorities have a rather reduced statutory power. It is a residual power which is dependent on the state statutory power. The colombian constitution establishes the types of local bodies, whereas french lawmakers freely establish the types of local bodies. The colombian constitution sets up the structure of local government, whereas french lawmakers set up the structure of local bodies. As a conclusion we can say that to some extent colombian constitution garantees some local administrative autonomy, whereas french constitution lets it to the lawmakers to fix the room to local bodies manoeuvre. Concerning the means which are necessary to put that autonomy into practice, we notice that in colombia, local bodies do not have skilful staff who do not depend on political lobbies, whereas in france the statute of civil servant garantees to the local public function some stability and autonomy towards the central power and the political lobbies. In finacial field, colombians departments and big cities ha ve weak financial means. As for the small towns their resources are so limited that their autonomy becomes merely formal. By opposition, french local bodies enjoy rather important resources, but their financial autonomy remains rather limited because their own local taxes are still weak
Beker, Nicolas. "Droit fiscal français et procès équitable." Paris 5, 2005. http://www.theses.fr/2005PA05D011.
Full textDiatta, Pierre. "Le droit à l'information des administrés sur l'action municipale." Tours, 2001. http://www.theses.fr/2001TOUR1001.
Full textAhmed, Aba el Darda Hassany. "La justice fiscale dans les rapports entre l'administration fiscale et les contribuables : étude de droit égyptien et de droit français." Lille 2, 2006. http://www.theses.fr/2006LIL20006.
Full textThe aim of this research work is to study the fiscal justice in the relationships between the fiscal administration and the taxpayers. This subject appears of big current events in Egypt as in France. Indeed, the relationships between the tax authorities and taxpayers can be defined as the whole of the contacts of any nature which discuss between the tax authorities and the taxpayers. Our thesis goes to study two bown questions him a to the other the prerogatives of the tax authorities to bring the respect of the law and the rights and the guarantees of the taxpayers. Indeed, it exists a seriousness risk of conflict between two majors preoccupations : on the one hand, the effectivity of the administrative action which demands the existence of prerogatives to reduce the fraud and the fiscal escape. In addition, the respecting of the rights and the guarantees of the taxpayers. In what measure can speak of equilibrium between prerogatives of the tax authorities and the rights of the taxpayers ? This first question registers in a perspective to evolve in the matter, through of potentialities improvements study those relationships. The study of fiscal justice in the relatioships between the fiscal administration and the taxpayers will be the subject of the two parts of this research : the course of fiscal reports (First part), and the evolution towards the improvement fiscal relationships (Second part)
Sabatté, Gilles. "La notion d'entreprise et le droit public." Toulouse 1, 2010. http://www.theses.fr/2010TOU10073.
Full textWithin our contemporary period we are obliged to acknowledge the irresistible infiltration of business notions in positive public law. The analysis will explore the identification of these notions and will then attempt to measure the consequences on the boarders of public law. The first idea of this study draws attention to the homogenisation of the notion of business in positive public law, largely dictated by community law, and founded on criteria from economic activity. The privatisation of this notion is accompanied by the everyday acceptance of public law itself, which has been somewhat tinted by public power and solidarity. There is at present a co-existence between the privatisation of the publicist business notion and a period of publicisation of a general business theory. The collapse of the classical privatist business theory, which embraced notions and ideals from private law, has led authors to turn towards the public law doctrine. Under the influence of various doctrinal currents within public law we can observe a certain revival of the general business ideals and public law. The analysis will attempt to reveal a critical perspective of the encounter between business ideals and public law. The doctrine of public law is working towards the revival of the institutional theory in business and is initiating a promising elaboration of an "ordinal" definition of business
Lormant, François. "La révolution du droit et de la justice de 1789 à 1814 : administration générale et administration forestière dans le département de la Meurthe, en Lorraine : version revue, corrigée et allégée en 2012." Nancy 2, 2006. http://www.theses.fr/2006NAN20016.
Full textThrough the example of the regions of Dieuze and Villey-Saint-Etienne, this work presents the forests of Lorraine and in particular those of the department of the Meurthe, towards the particular situation of the region (specially because of its saltworks, and because it constitutes a border zone at least until 1792), during one particlarly agitated time from the political as well as juridical point of view : the French Revolution, Consulate and First Empire. Historical and legal reports of the situation of the Lorraine forests, particulary of the Meurthe, appears symptomatic upheavals generated by the Revolution. With the will declared to break with the past, are opposed the constraints related to the war, the necessary satisfaction of the always considerable needs of wood for construction, the heating of the houses and "mouths on fires" : saltworks, glass factories, earthenware factories and foundries, and the taking into account of financial realities
Gilles, Eric. "Scolarisation des élèves à besoins éducatifs particuliers : du compromis entre intégration et inclusion scolaire à l'émergence d'un nouveau modèle éducatif." Rouen, 2007. http://www.theses.fr/2007ROUEL585.
Full textThe purpose of this work is to reveal the breakdown in a process which should have led, from the principle of educability of children, to the inclusion of all pupils with a special educational needs. From the beginnings of our era until today, handicapped pupils, pupils with learning difficulties, but also pupils newly arrived in France and children from travelling families, have certainly seen their conditions of access to education, improve considerably. But, instead of adopting once and for all an inclusive approach, the authorities have set up new conditions of access to schooling for some of these children and teenagers. For the handicapped pupils the law has thus merged ordinary schooling and special education. This research shows how, on the basis of a compromise between integration and inclusion, new concepts have been imported into the educational institution, in particular since the February 2005 law on handicaps. This leads to the emergence of a new three-level educational model, represented by special schooling. A perspective on our education system in its handling of pupils with special educational needs, within the European integration policies, shows how far the adoption of this new model of integration contributes to the French educational exception. Finally, this thesis constitutes a thesaurus of the official texts accompanying this evolution, from the great Ferry laws on education, to the legal and lawful provisions, founded on a double tension : on the one hand, the universal right to education for all the children and, on the other hand, the resistance of certain lobbies of specialists and French society itself, to their inclusion in schools
Émond, Louis, and Louis Émond. "Études des liens entre droit et pédagogie en regard des aspects juridiques de l'évaluation scolaire." Doctoral thesis, Université Laval, 2019. http://hdl.handle.net/20.500.11794/37663.
Full textLa thèse porte sur les aspects juridiques de l’évaluation scolaire et a deux objectifs : permettre aux sciences de l’éducation de développer une conception non problématique de l’évaluation et fournir une qualification juridique de l’évaluation scolaire qui tienne compte de son évolution au cours du dernier siècle. Le chapitre 1 présente un cadre d’étude du domaine droit et pédagogie afin de situer la thèse par rapport aux autres approches de recherche en droit. Le chapitre 2 présente quant à lui l'évolution du concept de jugement en droit et en pédagogie afin d'en faire ressortir les similarités et ainsi vérifier la version minimale de l'hypothèse : la démarche du juge et celle de l'enseignant qui évalue mobilisent les mêmes compétences et s'appuient sur des savoirs assez similaires pour qu'une approche inspirée du droit puisse être utilisée pour régler un problème pédagogique. Dans la deuxième partie de la thèse, afin de vérifier la version maximale de l’hypothèse, c’est-à-dire que l'évaluation scolaire est un pouvoir de l'Administration et qu’elle doit respecter les normes qui guident l'exercice d'un pouvoir discrétionnaire, telles que définies par le droit administratif, il faudra d’abord la qualifier juridiquement. Le chapitre 3 permettra de démontrer la nature d’acte administratif de l’évaluation scolaire et de clarifier l’intensité de l’obligation d’équité procédurale qu’elle doit satisfaire. Le chapitre 4 propose des principes pour guider une pratique de l’évaluation raisonnable.
Grand-Deleage, Sophie. "La concertation dans le droit de l'urbanisme." Lyon 3, 1992. http://www.theses.fr/1992LYO33010.
Full textOnce closely related ideas like participation removed, concertation connected with rights in town-planning can appear as a specific stage in the elaboration process of certain town-planning decisions allowing in particular collaboration between state and commune, both intrusted in this field with power
M', Barki Abd El Kader. "Subsidiarité et principe de libre administration des collectivités locales." Toulouse 1, 2002. http://www.theses.fr/2002TOU10036.
Full textThe principle of subsidiarity presents itself as a guideline, a leading norm meant to promote people's autonomous, free acting; at the same time, its implementation in political and social organization raises problems for its content resemble more philosophical truths than real legal duties
Guez, Julien. "L'interprétation en droit fiscal." Paris 1, 2004. http://www.theses.fr/2004PA010284.
Full textHounieu, Jean-Pierre. "La solidarité nationale en droit public français." Bordeaux 4, 2003. http://www.theses.fr/2003BOR40005.
Full textGuignard, Didier. "La notion d'uniformité en droit public français /." Paris : Dalloz, 2004. http://catalogue.bnf.fr/ark:/12148/cb39146587b.
Full textDoat, Mathieu. "Recherches sur la notion de collectivité locale en droit administratif français." Toulouse 1, 1994. http://www.theses.fr/1994TOU10001.
Full textIn this study, I have endeavoured to show that there is a tendency to attribute to local government a certain unity in this notion, irrespective of the status it is granted by the attribute the qualities of coherence and permanence to this institution, and show that its composition appears to adhere to a clear and specific model. One can remark that local government is composed by means of a complex process, and engenders a legal status whose origins can be traced back to the community. Local government cannot be described as the result of a contract willingly signed by its members. Nor is it exclusively a product of the state's desires which, in other areas, have standardised local government structure and determined its capacities. Its make-up is more complex. Its development comprises, for the most part, the common recognition of the symbols and images which serve to construct the identity of each and every individual
Goré, Marie. "L' administration des successions en droit international privé français." Paris 2, 1990. http://www.theses.fr/1990PA020002.
Full textFrom a comparative point of view, estate administration, whether in common law or in civil law, has a common aim: the unity of the "patrimoine" (the estate), the caracteristic of which is the netting out of the assets and liabilities. It appears that the rule of conflict of laws - in its classical structure - is the only method susceptible of preserving the integrity of the estate. Therefore, the principle like the means of respecting the integrity of the estate is revealed by the study of the law governing estate adminis- tration (first part) and the execution of estate administration (second part). In fact, more generally, it appears necessary to recognize in private international law a special category peculiar to estates with its own law, the "law of the estate", governing the netting out of all the liabilities and all of the assets, as a whole, regard less of where the individual assets and liabilities may be found
Venart, Alain Joseph. "Des modes de contrôle par la confiance : le cas des établissements publics locaux d'enseignement." Nice, 2012. http://www.theses.fr/2012NICE0007.
Full textDefine the room for manoeuvre of the leader of a local secondary school from the perspective of different management mechanisms between the procedures and skills, to show the limits of the mechanisms, to describe the fundamental aspects of the mechanisms from a qualitative viewpoint: these are the key issues addressed in this research. Present the structures and aims of an organization at a time of significant social and institutional change; show the key issues in terms of piloting a school in particular analyzing the new problems raised by the institutional control of the former: these are the key points of our analysis. Describe the current institutional framework, based on performance measures and comparisons between national objectives and the actual results of the schools which leads us to question the fundamentals of the management of local secondary schools Detail the key aspects of the new forms of management based on a wish for greater control in order to investigate the implementation of management through trust in local Secondary school. Call into question local secondary schools as an organization for management and the tension between skills and performance as a method for evaluating the manager, not forgetting the ethical aspects of the latter
Frachon, Hugues. "Ecrire l'histoire du droit administratif." Paris 10, 2013. http://www.theses.fr/2013PA100091.
Full textStructured upon the link between administrative law, administrative courts and the administrative matter, the history of administrative law offers more than a mere account of past institutions: it is the embodiment of an ancient administrative law system, that reflects, through it progressive implementation across history, modern administrative law. Yet, careful study of dogmatic texts from 19th century reveals the weakness of this endeavour, which lies in its modern approach, when it comes to describe the science of "administrative matter" characterizing this era. Writing the history of administrative law's science however offers an explanation to the emergence of that modern conception. Based upon the model of Thomas Khun's scientific revolutions, this history sets dogmatic domination of Maurice Hauriou conception on ancient models, along with the rival conceptions of his time. It then depicts an era of normal science where the dominant conception – administrative law is the administration's law applied by judges of administrative courts – lives in the public services criteria. Contestation of this criteria turns into a paradigm crisis, when neither the public services criteria, nor the public authority one, could achieved a link between the definition of administrative law, administration and the jurisdiction of administrative courts. Within those weaknesses in the paradigm, the history of administrative law's science enables one to truly both understand the feeling of crisis felt by contemporary authors and the option offered by technical studies which knowingly ignores the lack of theory surrounding the academic field
Picot, Luc. "Contribution à l'analyse de la coopération intercommunale : de l'intercommunalité à la supracommunalité ?" Nancy 2, 2005. http://www.theses.fr/2005NAN20009.
Full textEspagno, Delphine. "Essai de refondation de la notion de service public en droit administratif français." Toulouse 1, 1998. http://www.theses.fr/1998TOU10017.
Full textThis essay contributes to give new fundaments to public utilities by its sources and the law construction of public utilities. To find again the public utilities origins, one must try to detect its first evidences and the way this idea of public utilities expresses itself. This preliminary leads to study the ways public utilities notion is concretized, as a part of community organization. By this way it is possible to consider public utilities as an object of law construction, which tries to subsume the classic oppositions between individual and collective, state and citizens. So one can see public utilities as something built by law and as something regulated by law. Researching these new fundaments leads to propose a definition: public utilities are utilities which are common to members of a community, social solidarity and the state of law. Public utilities can so appear as an answer to the necessary living together will, as a fundamental choice of social living, a reasonable, democratic and peaceful choice of life
Fressoz, Pierre. "Décentralisation et droit de la fonction publique." Paris 1, 1996. http://www.theses.fr/1996PA010312.
Full textThe intersection of decentralization and public office concepts mainly concerns the local public office (though, decentralization also affects the state public office). Four paradigms measure the consequences of decentralization on the local public office: are the state and the local civil servant's statutes on all fours? Is the local civil servant's statute united or not? Is it subdued to public law or not? Does it shelter the local civil servants or not? The local civil servant's history shows that their statute has progressively gone public, united, protective and equal to the state civil servant's statute. The law no 84-53 of Jan. 26, 1984, consecrates this evolution in order to improve decentralization; but this law did not satisfy the local-government authorities. Therefore, the two main reforms (laws of Jul. 13, 1987, and Dec. 27, 1994) of the law of Jan. 26, 1984, have increased the local "autonomy", to the detriment of the unity and parity of state and local civil servant's statutes. And finally, these two reforms have not improved decentralization
Armando, Pierre. "S. C. I. Et abus de droit fiscal." Nice, 2001. http://www.theses.fr/2001NICE0006.
Full textThe civil real estate firm is, with no hesitation, the management and patrimony transmission instrument which is the most successful among individuals. The increasing complexity of settings including a civil real estate firm requires a very important caution. The will of always ameliorate the patrimony management is not an approach totally accepted by the fiscal adminstration, and is the subject of a special control. In fact, the Fiscal Administration has got a very good and effective way to repress, the abuse of fiscal law theory. The L. 64 article of the Code of tax procedure(s) is a permanent danger for the settings including a civil real estate firm. This fear can surprise because these proceedings are note employed very oftenly. This abuse of fiscal law theory is only employed in very special situations
Nicinski, Sophie. "L'usager du service public industriel et commercial." Paris 1, 2000. http://www.theses.fr/2000PA010252.
Full textHassani, Mohammad. "Régulation interne des établissements scolaires : les chefs d'établissements et la régulation des activités des enseignants." Dijon, 2007. http://www.theses.fr/2007DIJOL001.
Full textThe decentralization process of educational system and autonomy given to secondary schools leads to redefinition of the role of school headmasters particularly in the field of pedagogy. Moreover, the traditional mechanism of regulation of teachers' activities (inspection) has been declined. In this case the headmasters of the schools should act as the regulator of teachers' activities. On the one side in literature it has been set that the conflict between bureaucratic and professional characteristics leads to weakening the regulation and problems existing between the headmasters and his teachers. Are the consequences of all the above mentioned issues lead to loose the regulation of teachers' activities or lead to substituting a new kind of regulation in which the headmaster plays a crucial role? To answer the question a questionnaire was sent to 806 headmasters at two academies of Bordeaux and Dijon. The result of the factor analysis was 4 types of regulation. The results indicate that 1/3 of schools questioned are highly related to the collective activities of teachers and managerial activities of the headmasters opposite to what is generally described in the literature of Anglo-Saxon. Moreover, in contrast to some viewpoints, private schools are considered modern while state schools as traditional. The 2/3 schools in type 2 are located at “Laissez faire”
Vial, Victor. "Administration du territoire : contribution à l'étude d'une nouvelle structuration des circonscriptions électorales." Nancy 2, 1990. http://www.theses.fr/1990NAN20004.
Full textCheikh-Najib, Mabrouk. "L'unification de la jurisprudence par la Cour de cassation : du droit au fait, du fait au droit : étude du droit comparé français, syrien." Strasbourg 3, 1994. http://www.theses.fr/1994STR30007.
Full textThe aim of this is to give answers to four questions concerning the unity of the judicial interpretation subject : the unifying role of judicial interpretation from the legal phase, the politics folloowed by the Supreme court for the achievement the unifying role of judicial interpretation, the difficultes which are confronting the court for realisation thise role, at the last, the disirable reforms for the creation a efficient court. This sutdy is including an introduction devoted to explain in brief the birth caracteristics of the unifying role of judicial interpretation. The first part, is analysing the pratical legal phase of the unifying role, i. E. It is devoted to study this role as the french-syria legislation see it (first chapter), and as it's effectively practised by the judges of the cassation court too (second chapter). The second part, is a critical study of the unifying role. The first chapter devoted to the clarifiction the helth state of the cassation court : the cassation machine, the structure of the court, the way of it's functinning; the legal and technical instruments, the cassation judges, their method, their relatonships with other judges, with the legislator, with the doctrine, all of themes were examined to discover the legal, technical and methodical weaknesses which both court are suffering from. The second chapter, is a study of the court reformation subject
Merley, Nathalie. "Conception et administration du territoire en France métropolitaine." Saint-Etienne, 1995. http://www.theses.fr/1995STETXX32.
Full textThe purpose of the present thesis is to study the principles governing the administration of territory within metropolitan france. The central assumption on which this work is based is that territory administration is, fundamentally, the result of the combined forces of both unity and diversity which characterize all state-created entities. Beyond this, the author wishes to demonstrate that, unlike what was the case with the classical pattern of territory administration "a la francaise", the territory must now be viewed as the instrument, both practical and symbolical, of a recognition of the diversity of the "republique". The first part of the thesis is devoted to territory administration as exercised by the state itself. In the first section, the author endeavours to show how the traditional pattern of analysis applied to territory administration turned the latter into the instrument of a unity which has been forced upon the national community as well as upon the state machinery. In the second section, she suggests a new vision of the state territory, according to which it becomes the instrument of a recreated unity. A third section deals with territory administration as it is, in practice, implemented by the state. This study of the practise reveals the process of "territorialisation" and of functional diversification undergone by the state administration. The second part of this work is devoted to territory administration as exercised by the "collectivites territoriales". Within the first section, the author explains how the classical conception of the territory turned
Varnerot, Valérie. "Les sources privées du droit fiscal." Nice, 2001. http://www.theses.fr/2001NICE0011.
Full textAbdelhamid, Reda. "Le secret bancaire : étude de droit comparé France-Égypte." Rennes 1, 1989. http://www.theses.fr/1989REN11004.
Full textDantier, Bernard. "Entre clôture et ouverture, la désorganisation du système éducatif français dans ses espaces et ses temps : analyse spatio-temporelle de l'institution scolaire, des représentations de ses agents et de la politique publique d'éducation française : interactions, contradictions et dysfonctionnements." Paris, EHESS, 1999. http://www.theses.fr/1999EHESA029.
Full textThe schooling (s) has founded their pillars on shutting and closing of a time and a space where it has monopolized a diffuse educative systems by dint of political objectives which have put in practise and re-enforced its structural opposition to social environment and educative power which stems from it to beget social changes. Subsequently, political objective and s. Are one entity. The latter legitimized thanks to ideas in esse: a unique knowledge, pure, unifying, elevated, specialized, selective. S specializes and selects its agents in accordance with the various teachings and managerial offices, and therein produces + fences ; identical to its global structure, the latter maintaining in itself by conditionning between its agents representative space-time elements isolated and retrained. But public politics of french education (ppfe) has evolved towards objectives of remedy to social and economical problems wich intervened by the 1970 in a corrective s by opening its structures widely and to a social economical environment. To the opposite of normal educative patterns have raised finalities, methods, ideas and an organisation such as care-takers differentiated methods computer systems, decentralization and reshuffle of successive cabinets, partnership, interdisciplinary agents, objective of buildings and lock, stock and barrel. It stems from this a dysfunction between ppfe and s. The fundamental contradiction stems from a dychotomy between an opening of s thanks to ppfe and the closing of old systems. The discrepancy lies in the non being of space-time rivulet, objective to sustain to make up for the old one and remediate to its defects
Savvaidou, Aikaterini. "Le recouvrement forcé de l'impôt en droit français et en droit grec." Paris 2, 2003. http://www.theses.fr/2003PA020036.
Full textCalmon, Philippe. "Société et droit à Figeac de l'ancien régime au second empire, vers 1750-vers 1850 /." Lille : Atelier national de reproduction des thèses, 2004. http://books.google.com/books?id=3RRoAAAAMAAJ.
Full textMaalouf, Mirna. "La justice des mineurs délinquants en droit français et droit libanais." Paris 1, 2008. http://www.theses.fr/2008PA010278.
Full textLeprêtre, Pascal. "Principe de précaution et droit sanitaire : cas français." Paris 13, 2004. http://www.theses.fr/2004PA131028.
Full textIn termes of the french law of 2 february 1995, the precautionary principle is that "according to wether the absence of certainty, considering technical and scientific knowledge of the moment, does not have to delay the effective and proportioned measure adoption, aiming to warn a serious and irreversible damage risk to the environment, to an economically acceptable cost". The thesis has for object to evaluate in the sector of the health, modes of application and the function of the principle of precaution, especially in its reports with the right of the health and more generally with the sanitary democracy. Become judicial principle of constitutional value, it contributes to delimit a new field of the right of the responsibility. The thesis tends to justify that the principal of precaution addresses to the collective and individual mastery of risks. Making this, this new forms responsibility will have to possess a conceived particular regime on the basis of a prejudice and causality risk, and will make place to a new makes justificatory, the social risk acceptability
Pradel, Camille-Frédéric. "Valeur probante des documents en droit fiscal et procès équitable." Angers, 2004. http://www.theses.fr/2004ANGE0011.
Full textThe rules which govern the convincing value of documents in tax law guarantee the supremacy of the tax authorities in case of trial, when the taxpayer contests his dues towards the tax department. Indeed, the tax judge is wary towards a document given by taxpayer and he considers that the latter is a potential defrauder. In fact, the document given by the taxpayer has to acquire a convincing value. On the contrary, the document given by the tax deparment always has a convincing value and can hardly lose it. This first statement drives us to question ourselves : is such a huge unbalance compatible with the right of having a fair trial as guaranteed by the article 6 of the European convention of human rights. This question can only be answered in two steps. Actualy, the taxpayer is not allowed to bring to conflict the article 6 of the european convention of human rights. The taxpayer dues is not considered as a "civil" right or obligation such as describe in this article. This statement has to change. The consequence of this evolution will not be decisive. An unbalance coming from the rules which govern the obtaining or the use of a document can be justified, in comparison with the procedural rights of the litigant, by a highest interest. It is obvious that the tax trial relates to a vital issue of the state. The unbalance coming from the rules which govern the convincing value of documents is broadly compatible with the requirements of the right to a fair trial
Vayrou, Caroline. "Management public et droit administratif : essai sur la juridicité des concepts managériaux." Paris 2, 2000. http://www.theses.fr/2000PA020113.
Full textSong, Moon-Young. "L' Administration centrale en France, en Grande-Bretagne et en Corée du Sud : étude comparée." Paris 2, 1987. http://www.theses.fr/1987PA021066.
Full textA comparative study on the central administrations could depend upon both model of convergence and model of relations system. The south korean welfare model is to innovate, whereas the french or english neo-model to maintain the statusquo. At a cultural level, the french administrative model inherit from the ancient roman model of hierarchic power and from the service model of general interest as well, while the south korean model inherit from the confucian family culture of paternal power and of maternal service. The british model is in favour of the generalists against the technocrats. At a structural and functional level, the south korean administrative system is a close structure in comparison with the french relatively open system or the english recently opened structure. Besides, either korean or british system is short of several french type institutions : there is no system of "grandes ecoles", nor "grands corps", nor ministerial cabinet, nor tight control system. And yet, even the french systems have some problems : social mobility, democratization of high civil servants, etc. . . On the other hand, either korean vice-minister or british permanent secretary contribute towards the assurance of the coordination within the ministry. Finally, the politization of the high administration is a general phenomen: monolithism of political side and administrative side in korea, rising osmose between politics and administration under the fifth french republic. Even in england, the traditional neutrality of high civil servant has been called recently in question with the introduction of the open structure system. Black or white, a good central administration is that which could assure the people of the greatest happiness, increasing the social welfare
Rouault, Rémi. "La démocratisation de l'enseignement en France (1985-1993) : essai de lecture géographique des disparités du système éducatif français." Caen, 1994. http://www.theses.fr/1994CAEN1158.
Full textSchool delicratization is a recurrent topic of French politic debate. After an historic resume and utilizable official informations analysis, school system evolution is observed at three levels : national level, regional level and local level. Between 1985 and 1993, school failure is decreasing but democratization is not achieved. Even if pupil’s numbers reach demographic effectifs, large inequalities stay from a school to one another. Now main differences oppose schools in cities, democratization is not complete and educational system is dual. More pupils study longer, yet 10% of pupils leave school with a low qualification level. The gap is increasing
Galli, Adeline. "Droit communautaire et marchés publics des collectivités locales (le cas de la France)." Nice, 1997. http://www.theses.fr/1997NICE0049.
Full textClément, Jean-Marie. "L'hôpital : de l'hébergement au plateau technique." Paris 1, 1986. http://www.theses.fr/1986PA010277.
Full textUnder the pressure of medical discoveries and French people high standard of living, hospitals which are an age-long institution opened to all classes of society in the middle of the twentieth century. The legal birth of a new hospital institution dates from 1941 december 21st Law, it was first principally and now exclusively directed towards medical care. Hospitals, charity institution, become a care undertaking upsetting totally its organisation and management. Hospitals fit to population needs, medical science requirements and economical and participative management necessities. This evolution leads to keep completely apart and even financially opposed the original lodging part and the new highly specialized medical care part. "hotel" hospitals let place to medico-technical department. Meanwhile, for many years, these both activities will live together, involving juridical suitable accommodations