Dissertations / Theses on the topic 'Autorités administratives indépendantes – Influence'
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Mouchette, Julien. "La magistrature d'influence des autorités administratives indépendantes." Electronic Thesis or Diss., Strasbourg, 2016. http://www.theses.fr/2016STRAA017.
Full textThe “magistrature of influence” of the independent administrative authorities is usually associated with a set of attributes such as counsel, information, proposition, and recommendation. They would give significant legal and social functions to those State agencies. Focusing on the independent administrative authorities’ status, powers, and functions, reveal phenomena of influence and persuasion. It allows to rethink those institutions, as well as the renewal of government practices. This dissertation, by emphasizing on the plural forms of the independent administrative authorities’ power, cast doubt several research on the softness of Law
Oderzo, Jean-Claude. "Les autorités administratives indépendantes et la constitution." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32073.
Full textGros, Jean-Marc. "La doctrine française et les autorités administratives indépendantes." Montpellier 1, 1995. http://www.theses.fr/1995MON10057.
Full textDubiton, Stéphanie. "La confrontation des autorités administratives indépendantes au principe démocratique." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10050.
Full textDespite uncertain beginnings, independent administrative authorities now appear implanted once and for all in the French institutional landscape. However, the success of this legal category must be confronted with the founding principles of modern democracy. By comparison with the dominating theory of representation, independent administrative authorities constitute, in fact, a deviation from the democratic system. Yet a renewed conception of political theory enables these organisations to be considered as genuine democratic entities. Beyond traditional state structures, their institutional configuration reveals the possibility of an enriched and revitalised democracy. Nevertheless, both government and state bodies must take stock of the impact of this phenomenon by adjusting both judicial and political controls; otherwise, the originality of this legal subject could be ruined
Douëb, Frédéric. "Les sanctions pécuniaires des autorités administratives." Paris 2, 2003. http://www.theses.fr/2003PA020052.
Full textJimenez, Bergon Claudia. "Les pouvoirs préventifs et répressifs des autorités administratives indépendantes françaises et des superintendances colombiennes." Paris 2, 1999. http://www.theses.fr/1999PA020079.
Full textViale, Frédéric. "Les actes non sanctionnés émis par les autorités administratives indépendantes." Paris 2, 1999. http://www.theses.fr/1999PA020038.
Full textAoun, Charbel. "L'indépendance de l'autorité de régulation des communications électroniques et des postes (ARCEP)." Cergy-Pontoise, 2006. http://biblioweb.u-cergy.fr/theses/06CERG0285.pdf.
Full textIn France, it is the law of 26 July 1996 which opened the sector of telecommunications to a total competitiveness planned on 1 January 1998 and which created the ART. Another period started in June 2004 with the transposition to the French law of the ‘telecom package’ which is a new range of directives adopted after a revision process at the beginning of 2002. The legislative process of transposition of directives of 2002 was achieved in France on 3 June 2004 with the establishment of the law related to the electronic communications by the Parlement. By the beginning of 2004, the ART started preparing itself to take in charge the function of postal regulator. The legislator has, with the law of 20 May 2005, given the regulation of postal activities to the ART which is now the Arcep (regulation authority of electronic communications and posts). The essential argument given to justify the creation of the Arcep is that the leader operators- France Telecom and La Poste- on the market still controlled by the Government cannot be both “judge and party”. It is necessary to separate the two roles, in order to insure the “credibility” of the regulation function and to gain the trust of the investors. The aim of our study is to evaluate the independence of the regulation authority of the electronic communications and posts compared to the private sector, and the independence of the operators which mostly belong to the government- France Telecom and La Poste- compared to the government itself, in order to discover weither there is a problem of means and guaranties granted by the legislator or an impartiality affecting its members. So we will be studying in a first part the independence of the Arcep according to the texts. The question of independence constitutes a problem of means and guaranties to us. It is the good adequation between a pursued target and the sufficient means that suit its ambitions. But the will to create an independent authority that has all the necessary means and guaranties is not enough. It is by the practice that we can measure the degree of independence of an institution. That is how we will be studying in a second part the independence of the Arcep in the practice of missions. However, because of the anteriority of the reform of the postal sector, the study of the independence of the Arcep in the practice of missions will mostly be focusing on the sector of electronic communications, telecommunications and audiovisual. Finally, this study of independence will make us realize that the Arcep has enough means and guaranties to be practicing an independent activity. But its big freedom of action has destabilized the institution. In fact, if the authority has shown an independence and a certain efficacity in its relations with the government and the private operators, it has not done it in relation to the historical operator France Telecom by exercising its power of sanction putting that way into consideration its impartiality and independence. The only real and perenne issue will then consist of giving back the power of sanction to the judge who is its real and legitimate possessor
Stibbe, Isabelle. "Les autorités administratives indépendantes et le droit du commerce international." Paris 2, 2001. http://www.theses.fr/2001PA020042.
Full textDesfougères, Éric. "Le contrôle des campagnes électorales par les autorités administratives indépendantes." Clermont-Ferrand 1, 1997. http://www.theses.fr/1997CLF10185.
Full textThe supervision of election campaigns by independent administrative authorities (i. E. Opinion poll commission, audiovisual successive authorities, national accounts and political funding commission) respects the requirements of the existing legislation on this matter. The composition of these independent authorities (mainly magistrates) as well as the investigation procedures and the decisionmaking process give - at least formally - a quasi-judicial impartiality to the supervision. Nevertheless, the jurisdiction given to these authorities to elaborate the rules concerning election campaigns without having the power to sanction their violations and the strong influence of the state organs on the working of these authorities give rise to doubts concerning their political neutrality. The supervision of electoral campaigns is still perfectible. The supervision authorities are still focusing to much on the official campaigns. Also, not enough consideration is given to the use of new media. Overall the co-existence of several distinctive independent administrative authorities with the jurisdiction of the regular courts on the electoral campaigns could create conflicts of interpretation of the existing electoral legislation
Hervieu, Merryl. "Les autorités administratives indépendantes et le droit commun des contrats." Paris 2, 2010. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D113.
Full textCassin, Fabrice. "Le rôle des autorités administratives indépendantes au regard des libertés fondamentales." Paris 2, 1995. http://www.theses.fr/1995PA020106.
Full textJappont, Frédéric. "La régulation de l'économie de marché par des autorités indépendantes." Montpellier 1, 2004. http://www.theses.fr/2004MON10045.
Full textLefebvre, José. "Le pouvoir de sanction des autorites administratives independantes." Amiens, 1997. http://www.theses.fr/1997AMIE0051.
Full textThere are few independant administrative authorities which can punish any person who breaches the rules of a particular sector of activity. Since 1986, and thanks to a depenalization movement, bodies responsible for the supervision of competition, broadcasting, trading in stocks and shares and telecommunications have had this repressive jurisdiction. However, despite the choice of a legal definition which deliberately refers to administrative law, it is the spirit of penal law and not administrative law which is applied. Thus, as a result of the exercise of this repressive jurisdiction, there is a standardisation of the laws of punishment. The principles that guide the imposition of the penalty are respected in the spirit. In the same way, the aims of the penal sentence are adopted and adapted by the regulatory bodies in order to improve the penalty. Far from being autonomous penalties, those penalties imposed by independent administrative authorities relate to penal law. In parallel with this, the investigative procedures and the decision phase are adaptations of the procedures of ordinary law. Appeals brought against thses penalties in a civil court underline a change in terms of jurisdiction. On the one hand, the power of the independent administrative authorities to impose penalties means that they exercise a jurisdictional function in the first resort respecting the guiding principles of trial procedure. On the other hand, the respect of fundamental liberties allows the judge to take part in regulatory investigations which can strengthen penal control of the supervised sector. As a result of these interactions, there is a change in the way the judiciary and the independent administrative bodies are perceived. The convergence of their actions in both the form and content thus weakens the principle of the separation of administrative and judicial authorities
Collet, Martin. "Le contrôle juridictionnel des actes des autorités administratives." Paris 2, 2002. http://www.theses.fr/2002PA020080.
Full textMontseny, Jean-Paul. "Contribution a l'étude du pouvoir normatif et à la notion de régulation : l'exemple du conseil supérieur de l'audiovisuel." Paris 10, 1999. http://www.theses.fr/1999PA100068.
Full textSabart, Gilles. "Les services publics de réseau (public utilities) : essai de comparaison entre les Etats-Unis, la France et la Grande-Bretagne." Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32014.
Full textPublic utilities do not have any precise legal definition but they ensure a fundamental need for the Society, i. E. A need which has to be provided by the State to citizens and to companies. Public utilities tend thus towards general wellbeing : they have like having to be effective ; this is why the State develops them all while controlling them for the public interest. Two models were essential following the second world war but the introduction of competition caused the emergence of the American model to the detriment of the European model. This is why our study is focused on the United States as a reference and on Great Britain as a laboratory for France, without forgetting the constraints which result from the Community legislation itself. Even if the approach is global, with an aim of understanding the coherence of each system and of judging their effectiveness, the angle of study intends to measure the incidence of the introduction of the concept of competition into Public utilities. This influence is examined in the economic organization of Public utilities (I), in the supply of the obligations of public service and their financing (II), and in the regulation characterized by a new institution. The confrontation of competition with the public interest thus fixes the statute of Independant Regulatory Commission (IRC) within the organization of the State (III)
Manson, Stéphane. "La notion d'indépendance en droit administratif." Paris 2, 1995. http://www.theses.fr/1995PA020099.
Full textEven if independance is evocked in the textes or in the case law in several fields of administrative law, there's no definition of this notion. This work tries to suggest a definition based on an analysis of the magistrates, the professors, the independant regulatory agencies, the boards of examiners and the military doctors. The notion of independance in administrative law is a liberty of action warrented against hierarchic controle thanks to protecting statutes. Divided in two parts, this research studies both sides of the notion of independance in order to definite it: the liberty of action (1) and the warrenty of this liberty (ii)
Koulouris, Nicolas. "Les autorités administratives indépendantes et les independent regulatory agencies : étude comparée sur leur insertion et nature juridique." Paris 2, 1992. http://www.theses.fr/1992PA020112.
Full textThe autorites administratives independantes are an institutional innovation which derives from the american experience of the independent regulatory agencies. This innovation, which was undertaken the duty of the social regulation and the protection of public liberties, is qualified with an invincible political independence and disposes a strange assemblage of rulemaking power and power of sanction. Because of this, the autorites administratives independantes can be hardly classified in the existing institutional system, so that is considered forming a fourth governmental power, which is different from the three classic ones
Süsskind, Bettina [Verfasser]. "Die autorités administratives indépendantes : Eine Untersuchung über den Wandel des französischen Einheitsstaates / Bettina Süsskind." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2010. http://d-nb.info/111005873X/34.
Full textPalma-Amalric, Valérie. "L'autonomie financière des autorités indépendantes : contribution à la notion d'autonomie financière en droit public." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10058.
Full textThe financial autonomy of independent authorities (IA) is at the same time the most crucial, yet uncertain characteristic of these authorities. Although not full, this autonomy does exist and can be measured through several yardsticks. Autonomy encompasses two elements : on the one hand, fiscal autonomy, consisting in the capacity to freely define the budget, notably by deciding on the allocation of resources and, on the other hand, accounting autonomy, allowing for the free use of payment appropriations and, thus, expenditure control. However, independent authorities being enclosed in relationships of dependence with the state, that’s why we can ask us how articulate these links with the financial autonomy of IA.The financial autonomy that is measured in the independent administrative authorities can beimproved. One should preserve it and guarantee it by means of a concrete and effective legalprotection through the setting up of specificities setting apart independent administrativeauthorities from the general law of the financial system, where the LOLF is applicable
Ouhmida-Damon, Houda. "Les autorités de régulation en France : les contours flous d'une catégorie juridique spécifique." Nantes, 2006. http://www.theses.fr/2006NANT4026.
Full textThe French regulation authorities still belong to the larger category of independent administrative authorities. Creation of such authorities causes various institutional issues which are not easy to solve. Finding a regulation scheme everybody would agree upon is impossible. The same way, American federal regulation agencies are still highly contested more than half a century alter their creation. French experience in this natter is only thirty years old. . . As the world constantly changes on technical (technological revolution), economical (world-wide economy, competition increase) and institutional (constant and heavy overhang of European integration) points of view, regulation authorities should not be statically considered. Facing these society changes, public authority must preserve a certain security of the legal system and of the regulation system. In order to do so, a more precise legal conception of the national regulation authorities is required as they are the key of the regulation system. However, those authorities have not yet been identified as an autonomous legal category, since no official legal definition of the regulators exists at the moment. In the same way as regulation law which now becomes autonomous and independent from other branches of law, regulation authorities seem to free themselves and to become more and more different from the too heterogeneous concept of independent administrative authority
Lavergne, Benjamin. "Recherche sur la soft law en droit public français." Toulouse 1, 2011. http://www.theses.fr/2011TOU10019.
Full textSoft law is a doctrinal concept from international public law. First, it was designed as a body of statements with attenuated or even inexistant binding force. Such a concept is henceforth conceived as an "umbrella concept" able to gather all distant phenomena from a specific idea of law resulting from a system of binding standards and sanctioned by State. Soft law is specific method of statements formulation coming true informally and recommending a model of behaviour to its recipients. From this perspective, soft law is different from the idea of legal norm. Nevertheless, the recommendatory method returns links with the idea of legal norm because its functions as an instrument of the legal norm effectiveness. Soft law is understood as an accessory and subsidiary legal technique. Is this law continuation by other means can be fully integrated to the legal order ? It has a graduated reception between lack of consideration and punctual approval of its effects. Generally excluded of the misuse of power litigation because of its non-prescriptive nature, but considered as a source of state responsibility in the full remedy litigation, soft law is subject to a judicial control reflecting the ambivalence of the legal order. The principle of legal certainty trends to exclude soft law from the legal order when in the same movement there is an integrative will from the judge viewing more and more often in such technique a peremptory norm. A legal norm in sum
Sée, Arnaud. "La régulation du marché en droit administratif : étude critique." Strasbourg, 2010. http://www.theses.fr/2010STRA4032.
Full textThe notion of “market regulation” is the subject of recurring questioning of the law doctrine in the last few years. Its shy emergence in the positive administrative law contrasts sharply with the importance of the doctrinal speech produced on this theme. It is moreover the interest granted to these relations that is the main topic of this thesis. The notion of market regulation is above all a notion of the speech on the law, a descriptive notion. But, beyond that, does it really constitute a notion of the speech of the law, that is to say, a legal notion of the positive administrative law ?This thesis has given a negative answer to that question and has demonstrated that the market regulation does not come from the prescriptive speech, but from the descriptive speech. To come to this conclusion, this study has demonstrated that the market regulation did not constitute a legal category of the administrative law. This notion does not designate a specific object in administrative law, and leads back to a traditional role of the public authorities, without being performed by specific authorities or specific prerogatives. It does not set the implementation of a specific legal regime. The notion of market regulation is so “in the antechamber” of the positive law and there is little chance that it might constitute a notion of the administrative law. Nevertheless, it remains a notion of the administrative law doctrine, that is to say, a notion of the speech on the administrative law
Hervio-Lelong, Anne. "Le droit processuel économique." Rennes 1, 2001. http://www.theses.fr/2001REN10408.
Full textLe, Goff Peggy. "Recherches sur l'impartialité en droit administratif." Toulon, 2004. http://www.theses.fr/2004TOUL0042.
Full textThe obligation of impartiality has long been reduced to its simplest expression in the jurisprudence of the Council of State and has belonged more to the jurisdictional body than to the administrative one. Even if it was possible at first to say that the administrative law was in conflict with the principle of impartiality, this principle has eventually led to its regeneration after it was promoted by the Council of State under the influence of the European jurisprudence about the notion of fair trial. Indeed, the increasing power of the principle of impartiality within the administrative law plays a role in the phenomenon of subjectivization in a law which was considered as objective until then. This was made visible by the jurisdictionalization of the administrative way of acting as well as by the judiciarization of the administrative jurisdictions. Therefore, the Council of State as a regulator of the administrative body has the duty and power to implement everything so that the principle of impartiality will contribute to its regeneration and will not impede its smooth running by putting the theory of appearances into over-practice
Blanchet, Jean-Hubert. "Contribution a la theorie generale des autorites administratives independantes : la commission des operations de bourse." Paris 5, 1997. http://www.theses.fr/1997PA05D004.
Full textIt is important to situate the place of the "commission des operations de bourse" within the classification of the independant administratif authorities (les autorites administratives independantes or a. A. I. ), and to be aware of the evolution of this commission in the overall environment of the french administrations during the last 30 years. The "commission des operations de bourse" (c. O. B) has become an authority apart before becoming a high-level administratif authority whose powers were constantly amplified by the french state. The c. O. B. Features on a daily basis in french financial markets and in the economy. Finally, the transposition of the european directif concerning investment services into french law via the law of the 2nd of july 1996 has given a european dimension to the c. O. B. This aspect has reinforced the distinct and superieur role of the c. O. B. Compared to the other independant administratif authorities
Corneloup, Vincent. "La notion de compétence des autorités administratives en droit français : contribution à une théorie générale des aptitudes à agir." Paris 2, 2000. http://www.theses.fr/2000PA020122.
Full textBalouki-Songue, Mawaba Akouyo. "La contribution des autorités de régulation des médias dans l'édification de la démocratie en Afrique noire francophone." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32010.
Full textFrom the end of the 1980’s, the democratic progress recorded in many African countries has permitted the bursting of a major legislative change with the setting up of media management and regulation structures. From Togo to Cameroon as passing by Tanzania, Nigeria or Rwanda, bodies have been created by public authorities to promote political pluralism and ensure respect for freedom of opinion and expression. However, the real power of such institutions varies depending on the means put at their disposal by the régimes in place which, as elsewhere in the world, tend to fear the emergence of opposition forces. The right of the communications, at the intersection of public and private rights, experiences especially important changes especially since these are accompanied with the emergence of the Internet revolution which modifies the traditional perceptions of information and communication in all the countries studied in this thesis
Arekian, Valérie. "Recherches sur la notion de régulation en droit public français : le cas des services publics de réseaux." Lille 2, 2003. http://www.theses.fr/2003LIL20032.
Full textJuhan, Michel. "L'autorité publique indépendante de régulation de la communication audiovisuelle." Dijon, 1994. http://www.theses.fr/1994DIJOD002.
Full textThe study of the independent public authority, which is competent to regulate audiovisual communication reveals the appearance of a new form of public intervention in a sectory which is sensitive to the exercice of liberties. The specific characteristic of this non-governmental state structure doesn't lie so much in its protector status (which only gives it a relative autonomy of action) but in its reasons for being: ratifying the political emancipation of the regulated sector and promoting a diversification of the audiovisual offer. In this spirit, the regulation evokes a multiform intervention which borrows from the administrative and jurisdictional functions while using more informal and less strictly juridical procedures which work towards the exercice of a "moral magisterium". This mixing of functions has a normative finality (in a large meaning) obtaining clearly defined behaviours from audiovisual communication professionals
Gbeou-Kpayile, Nadjombé. "Réflexions sur les autorités administratives indépendantes dans les états d'Afrique noire francophone : Les cas du Bénin, du Niger et du Togo." Poitiers, 2011. http://www.theses.fr/2011POIT3003.
Full textThe administrative landscape of most black african countries such as Venin, Niger and Togo has deeply changed during these last twenty years withe the sprouting of new independent government institutions , and parliament, Independent Administrative Authority (IAA) which uses a regulation assignment in sensitive fields where citizen's rights are to be respected facing the excess of bureaucracy. The current study's main objective is to evaluate IAA assignment after twenty years from the democratic process, and sum up the legal reflection on this unusual orientation and even revolutionnary in the african landscape. This reflection consists in stressing on the way a succession of authorities which sprouted twenty yars ago, have become a particular way of protecting fundamental liberties, and ask ourselves on the relations those institutions maintain with the public authorities. .
Perroud, Thomas. "La fonction contentieuse des autorités de régulation en France et au Royaume-Uni." Paris 1, 2011. http://www.theses.fr/2011PA010316.
Full textChi, Ho-Chun. "La réforme des administrations centrales à Taïwan et en France : agences et autorités indépendantes." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D074.
Full textThe fast development of modern society and communication, as well as the emergence of globalization, bring on the diversification and complexity of public affairs. New missions require that administrations or civil servants become flexible and open to meet the needs of the people, but, because of the authentic framework, the State and hierarchical administrations are not able to easily change the rigid structure and procedure in the administration. On the one hand, the State has provided public services for the people through continuous intervention in the free market. In the original, public services have had the aim of promoting the general interest, some politicians and civil servants have illegally satisfied the private interest through their powers; on the other hand, the efficiency of public services is worse than that of private companies. Administration is used to ignoring the importance of cost-benefit analysis. Even if an administration carries out its task in the name of the general interest, citizens do not allow it to waste state resources.The design of the public organization’s institution outside the hierarchical administration can refer to the theory of new public governance. In order to ensure the boundary between legislative power and executive power, the separation of powers claims to take into consideration legitimacy and reasonableness. Finally, the accountability mechanism is embodied in the demand for democracy and political responsibility. Taking account of the potential corruptions and the decrease the conflict of interest, the emergence of the independent administrative organization arrived for maintaining the fair competition and avoiding the corruption in the United States at the end of the 19th century. France established the first independent administrative authority, the Commission nationale de l'informatique et des libertés (CNIL) in 1978. Up to now, there are 26 independent administrative authorities. The legislative power extends the functions of those who are likely to regulate competition, promote relations between administrations and citizens, and protect fundamental rights. Compared with the independent administrative authority in France, the Taiwanese legislation has been cautious about creating the independent administrative organization. In his view, it evades the control of the senior administration and easily causes the flight within the government. The legislative Yuan inaugurated the first independent administrative commission, the Fair Competition Commission (FCC) in 1992. (...)
Fravalo, Anne. "La régulation juridique dans le domaine économique." Paris 12, 2003. http://www.theses.fr/2003PA122001.
Full textLiberalism affirmation over the last twenty years has brought about, in France, a significant withdrawal of the state in the economical sphere, and a profound mutation of its interventions in this field. The research of new and more flexible intervention process, more respectfull of economic players' rights, led to the emergence of new instruments, called "régulation", and quite inspired by the common law systems of "independant regulatory agencies" and "quangos". Studying the legal regulation in the economical field leads to wonder what regulation is precisely, and, moreover, what are its connections with the french notions of law-making. Lastly, it appears that, in the economical field, regulation shows peculiar structure and legal scheme. While independant regulation authorities trend to become institutional models, their relations with the executive and legislative powers, as well as with jurisdictional institutions, reveal a legal articulation which can be considered as specific
Pierre, Sylvie. "L'autorité de régulation boursière face aux garanties processuelles fondamentales." Lyon 3, 2001. http://www.theses.fr/2001LYO33019.
Full textDelzangles, Hubert. "L'indépendance des autorités de régulation sectorielles : communications électroniques, énergie et postes." Bordeaux 4, 2008. http://www.theses.fr/2008BOR40016.
Full textThe independent regulatory authorities are now part of the institutional lanscape of the Member States, but their independence is the subject of permanent questioning. Why are they independent ? Are they really ? Will they remain so in an environment of interdependence ? The domains of electronic communications, energy and the post provide specific answers to these questions. The independence of the sector-based regulatory authorities is justified by the principle of impartiality of the regulator imposed in Community law. The Member States which intervene in these sectors through their incumbent local exchange carriers must entrust the regulatory functions to independence authorities. But Community law does not sufficiently specify the means of organizing their independence. As a consequence, the regulatory authorities created in Germany, Spain, France, Italy and the United Kingdom have only a relative independence. A greater organic independence and the reorganization of their functional independence are proposed to correct this. The independent nature of regulatory authorities must also be evaluated vis-à-vis the context of Europeanization of these public utilities in the competitive environment. The interpenetration of the markets has led the Community institutions to impose means of co-operation, even network coordination of the independent regulatory authorities. The resulting interdependence is not without generating new violations of the initial requirement of independence
Enam, Alain Henri. "L' audiovisuel en Afrique noire francophone : du monopole à la régulation publique." Paris 2, 2009. http://www.theses.fr/2009PA020083.
Full textGuenod, Christian. "Théorie juridique et économique du régulateur sectoriel : modèles communautaires et français dans les secteurs des communications électroniques et de l'énergie." Paris 9, 2009. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2009PA090063.
Full textThe opening of the network sectors, telecommunication and energy, to competition with the concomitant disintegration of monopolies, resulted in the definition, initiated by community law, of sector-based mechanisms of regulation under the responsibility of independent authorities. These authorities are to be independent of public as well as private interests. They are to establish the conditions for fair competition between operators and the protection of consumers, dependant on the proper functioning of those sectors. The regulators combine therefore competitive and non-competitive objectives. In preserving the major sectorial equilibria, authorities act as Walrasian market authorities, ensuring the maximization of productive and allocative efficiency, intervening both in market structures and transaction rules. In striking a balance between efficiency and legality, they thus participate in the evolution of a rejuvenated economic public order, and may lead to the emergence of a regulatory state
Audran, Anne. "Le périmètre du droit." Nantes, 2000. http://www.theses.fr/2000NANT4007.
Full textTaibi, Achour. "Le pouvoir répressif des autorités administratives indépendantes de régulation économique, témoin de la consécration d'un ordre répressif administratif : étude comparative des droits français et algérien." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010275.
Full textThe advent of the quasi autonomous non-governmental organizations of economic regulation has largely contributed to the consecration of an administrative repressive order beside the penal order, as well as it contributed to the renewal of the concept of administrative sanction. The repressive power of the Quango challenges us in many respects, because illustrates the exorbitance of the administrative law and the powers of the administration in economic matters
Calandri, Laurence. "Recherche sur la notion de régulation en droit administratif français." Toulouse 1, 2005. http://www.theses.fr/2005TOU10044.
Full textFrom now on, regulation has become a major theme in French administrative law. Nevertheless, it’s still difficult to define it. Regulation isn’t a law notion. Yet, the research proves that administrative law can seize it. At the same time, regulation penetrates this branch of learning, and changes some of its characteristics. A real dialectic relationship can be observed. Regulation can be considered like a genuine law notion, grasps like a function, an activity. Precisely, to do a research on regulation implies to identify a new category of legal instruments. The characteristics of regulation’s acts are originals. The relation between regulation and administrative law also shows that it’s a public law notion. « Regulation law » doesn’t exit. It’s an administrative activity. But this feature doesn’t question its specificity. Searching on the notion of regulation contributes to a better knowledge of french administrative law. Once again, it appears that this branch of learning is really flexible
Sofianatos, Gerasimos Alex. "Injonctions et engagements en droit de la concurrence : étude de droit communautaire, français, grec." Paris 1, 2008. http://www.theses.fr/2008PA010256.
Full textAllez, Jean-Louis. "Les exigences de la régulation des risques opérationnels : Analyse par la théorie des parties prenantes : une approche systémique." Paris 1, 2011. http://www.theses.fr/2011PA010069.
Full textMélis-Maas, Stéphanie. "Pour un renouvellement de la notion d'action en justice." Metz, 2004. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/2004/Melis_Maas_Stephanie_DMZ0403.pdf.
Full textLegal proceedings are the actions originating from a person who has locus stand and capacity to take part in the proceedings, aimed at bringing the case before a judge so that he or she may decide whether or not the claim is well-founded. The study of each of its constituent elements shows many inadequacies. The presence of the judge gives rise to many questions and weakens the legal proceedings. Indeed, only proceedings brought before a state jurisdiction are classified as legal proceedings and benefit from procedural guarantees. Under the term "fair trial", impartiality, independence, objections, publicity are essential guarantees for fair justice but which can only be found before state jurisdictions. The diversification of the methods of conflict resolution must appear in the renewed vision of the legal proceedings. And, if the guarantees of the fair trial are developed before state jurisdictions, an enduring process may emerge before the independent administrative authorities, arbitration and the alternative dispute resolution. Those subject to the jurisdiction of the courts will be able to choose the method which will best suit them and no longer according to the guarantees offered
Jongsa-Nguandee, Jerawat. "La lutte contre l'abus de position dominante : regards croisés entre le droit thaïlandais et le droit français." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32068.
Full textThe abuse of its market power by a dominant firm is a serious problem that affects the current market system of Thailand. Thailand’s Parliament has enacted the Law on Competition since 1999 but Thai law of competition is not satisfactorily applied according to the will of the legislator. In this study, are studied the possible causes and solutions regarding the experiences and success of French law of competition; since France is a country with a comparable legal system and with the society that recognizes the importance of consumers. According to this study, in some points, the Thai law follows the right way. However, some improvements may contribute to its greater efficiency. Some legal provisions should be more resilient and thus they could adapt to economic conditions that keep changing. The competition authorities should have competent people in both legal and economic disciplines. There should also be improvements in the independence of competition authorities. The effectiveness of investigation should be promoted by taking into account the rights and freedoms of persons and the rights of defense. The penalties of administrative nature should be more used and it is recommended to revise the rates of fines to take into account the illicit profits. Finally, it is necessary to improve alongside the competition law, other concerning laws and regulations. The results of this study will be used for the proposition of improvement of the competition law in Thailand
Zarate, Pérez Anibal Rafael. "L'indépendance des autorités de concurrence, analyse comparative, Colombie, France, Etats-Unis." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020031/document.
Full textAlthough Competition Agencies‘ independence is commonly explained through the necessity of objective expert decision-making, such necessity is not sufficient to legitimize their isolation from the government. Absent of democratic foundations and in apparent contradiction with the principle of Separation of Powers, "Independent" Competition Agencies attain their legitimacy from the conjunction of multiple institutional guarantees, control mechanisms and procedures, none of which may overshadow the others. Any effort to determine the role that the idea of independence plays in the institutional design of Colombian competition agencies requires an examination of these guarantees and mechanisms, as well as a comparison of their status to that of French and American agencies; whose institutional arrangement has influenced the constitution of Colombian authorities. Whilst the components of the independence vary in every analyzed jurisdiction (as there is not a unique institutional scheme of ―Independent‖ Agency), this study reveals that certain institutional guarantees recognized to agencies in France and in the United States, which grant them vast discretionary decision-making power, are not present in the specific case of Colombian agencies. Assuring a higher level of independence for Colombian competition authorities, by conferring them some of these guarantees, lean on a simultaneous effort to reinforce control mechanisms, procedures and instruments for citizen participation in the regulatory process. The construction of the independence of Competition Agencies – in both its organizational and functional dimensions – commands the design of institutional constraints. Maintaining a balance over these constraints to agency discretion not only constitutes a source of legitimacy, but equally becomes an effective means to safeguard their independence from external factors
Poyet, Michaël. "Le contrôle de l'entreprise publique : Essai sur le cas français." Saint-Etienne, 2001. http://www.theses.fr/2001STETT058.
Full textGaudeuille, Charlotte-Isabelle. "La privatisation des entreprises publiques en République centrafricaine : étude comparée." Paris 1, 2011. http://www.theses.fr/2011PA010254.
Full textGonzalez, Laporte Christian. "La régulation des services publics en réseau : une vision organisationnelle : le cas de l'Autorité de Régulation des Télécommunications (ART) et de la Commission de Régulation de l'Energie (CRE)." Grenoble 2, 2004. http://www.theses.fr/2004GRE21017.
Full textThe main topic of this research is to analyse the genesis of the independent regulatory agencies in the French public utilities network in the two most opened sectors : telecommunications and electricity. Concretely, this means clarifying the process of the institutional design of the Telecommunications Authority (ART) and the Energy Commission (CRE). Our interest is linked to a particular point : while most of these agencies are presented as a response to European directives, those institutions vary according to country, sector and period. In the French case, many public reports show the problem of insertion of theses independent agencies in the political and administrative structures. One can ask : why do politicians and legislators choose to change the public policy of regulation that installs those kinds of regulators in both sectors at a specific moment ? This question is relevant as European directives do not force nation states to install independent regulators. Our affirmation is that the creation of the ART and the CRE is the result of an important change in the organisation of the services markets, but also, it's the result of an institutional co-construction assured basically by the principle actors and instances linked to the interests of the publics enterprises, France Télécom and EDF. Those interests are strongly driven by the international competition