Dissertations / Theses on the topic 'Contentieux des libertés individuelles'
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Jacquot, François. "L'instruction préparatoire et la protection de la liberté individuelle : le contentieux de la détention provisoire." Nancy 2, 1997. http://www.theses.fr/1997NAN20019.
Full textThe controversy concerning provisional detention when comptemplated from the viewpoint of its use by the investigating courts bears on frequency and lengthy. The main reason of the frequency lies in an imbalance within the judicial examination which weighs heavily in favor of the prosecution. This imbalance is evidenced by the substantial use of police investigation prior to judicial examination, without guarantee of the adversary system or rights of the defense, by the abusive use of delegation of the examining magistrates’ authority to the police and by the action of the complainant being declared admissible too readily in order to set in motion criminal proceedings and to facilitate corroboration thereof. The legislator responds. It reinforced the adversary system and the rights of defense, permitted a much improved judicial review of provisional detention by strengthening the rule of law, and submitted such detention to more restrictive legal conditions. However, the creation of a panel of examining magistrates for the purpose of ruling on provisional detention has been proved illusory and the judicial supervision has not fulfilled its role as a substitute for provisional detention. The causes of the excessive lengthy are both economic (in particular insufficient resources, complexity and seriousness of the cases etc. ), and structural because the examining magistrate being both judge and inquirer is not entirely neutral with the respect to the disputes he is called upon to adjudicate and is thus objectively partial. The legislator responds to this situation and voted rules designed to control the length of detention, the French courts have exercised a greater control under the pressure of the case law of European court of human rights pertaining to reasonable length of provisional detention. Finally, structural reforms were proposed but were never adopted. Nevertheless, the veritable solution to the length of provisional detention lies in the restoration and the consolidation of the criminal procedure
Harivel, Jean. "Libertés publiques, libertés individuelles, risques et enjeux de la société numérique." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D024/document.
Full textThe invasion of digital technology has changed civil and administrative society since the end of the 20th century. Public and individual freedoms have been affected by this information technology. Common law has adapted to defend public liberties. Special legislation has been put in place to protect privacy through the protection of personal data. Mercantile companies collect these data and exchange them. They thus constitute a database containing a mass of information concerning each individual. The government adapts laws to allow surveillance of individuals to fight against terrorism. But technology also allows the dissemination of administrative data to citizens and promotes neutral information. This information paves the way for citizen participation. Since France refuses to introduce the protection of privacy directly into the Constitution, the European courts, ECHR and CJEU, have in recent years effectively protected this private life. This protection is also based on better training of individuals in the face of the dangers of social networks and the Internet, training that remains to be developed
Beraud, Camille. "Les libertés individuelles confrontées à la cybercriminalité." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1076.
Full textThe emergence of Internet beyond its innovative nature and its prerogatives led to the appearance of a new type of delinquency and new criminal profiles. Indeed if using Internet is now undeniably into the customs, Internet is also a vector of illegal activities. However cyberspace is a virtual land that knows no physical borders. Therefore cybercrime is a complex matter because it is transnational, highly mobile and really technical. It seems to appear as the modern scourge weighing on individual freedoms of users of digital networks
Goni, Kassandra. "L’article 66 de la Constitution du 4 octobre 1958." Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0345.
Full textThe genesis of article 66 of the Constitution lies in a desire to assert a liberal stance in the face of arbitrary practices by those who govern. With the independence of the judiciary enshrined, the original constituent power assigned to it the role of natural guardian of individual freedom. The administrative court, however, was deliberately sidelined, justified by its lack of independence in guaranteeing rights and freedoms. In the light of the gradual change in the Conseil constitutionnel conception of individual freedom, article 66 is becoming, in view of the independence of the administrative court and the ‘French conception of the separation of powers’, a key to the division of disputes concerning individual freedoms between the two branches of court. A quantitative and empirical study of 179 decisions of the Conseil constitutionnel relating to individual freedoms shows that the administrative courts now have jurisdiction to hear cases involving the personal freedoms set out in articles 2 and/or 4 of the Declaration of the Rights of Human and of the Citizen of 1789. Article 66 thus no longer embodies exclusively the judicial guarantee of individual freedom, and the redeployment of the contentious scope of article 66 calls into question the statutory argument that hitherto justified granting the judicial authority the role of guardian of individual freedom. The study therefore proposes to rethink the relationship between the Constitution and the guarantee of individual freedoms through the prism of the independence of the courts, which means that we need to reflect on modifications to Title VIII of the Constitution
Lubin, Willy. "Libertés individuelles et police en droit américain et français." Montpellier 1, 1996. http://www.theses.fr/1996MON10012.
Full textThe study of individual liberties and the police in french and american law reveals the following set to problems regarding the powers that can be accorded or are accorded to the police in a lawful democratic state : the power to arrest or simply to detain, the power to interfere in the strict intimacy of private life, etc. In such a context, the presumption of innocence is vacated of its importance. In both the u. S. A. And france, the police have exorbitant legal powers and are seemingly imprevious to justice with respect to the responsibility of their actions towards the individual. Paradoxically on the one hand, the texts protecting individual liberties against police abuse offer but an illusion of protection. On the other hand, the control of their actions, wich should be controlledd by either executive or judiciary powers, or by the citizens themselves, is inefficient. Actually, the u. S. And france, in spite of all expectations, do not accord sufficient. Protection or guaranties to individual liberties. The aggravation of the situation in certain high risk areas along with the increased incidence of police misconduct area result of repressive and selective criminal policies applied in both countries. Moreover, by strict comparison, the american system does not offer better protection than the french system. On certain points, the even seem complementary
Criqui-Barthalais, Géraldine. "La protection des libertés individuelles sur le réseau internet." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020076/document.
Full textThis study considers the internet as a new territory where rights guaranteed to each individual in physical space can be promoted; not only free speech and privacy, but also the Habeas Corpus prerogative writ, which protects against unlawful imprisonment, and the right to freedom of movement. Thus, processing by analogy, the dissertation intends to promote two specific digital rights: the freedom to connect to the internet and the freedom to surf on the web. The freedom to connect should be part of a public service which promotes this access through public policies. Moreover, barring someone from using the internet can only be decided by a judge. The freedom to surf should protect the web users against unreasonable restrictions. Thus, measures blocking illegal websites should not come through self-regulation but through a legal framework which defines how administrative authorities are entitled to decide such restrictions. The protection of these two rights entails further obligations. Individuals must access the internet anonymously and they must be aware of how the government monitors their actions on the web. This study tries to outline the content of measures aiming to frame network addressing mechanisms. Identity checks based on the IP address should be subject to a strict legal regime. The study concludes that individuals have to be protected from surveillance when data reveal their choices among websites while they are connected. Internet access providers, but also search engines and browsers, must delete this data. Only special measures taken by a public entity or someone entitled to control the web users may lead to this kind of data retention
Hyde, Aurore-Angélique. "Les atteintes aux libertés individuelles par contrat : Essai d'une théorie." Paris 1, 2012. https://www-numeriquepremium-com.passerelle.univ-rennes1.fr/content/books/9782919211432.
Full textPapadimitriou, Constantin. "Les libertés individuelles du salarié en France, en Italie et en Grèce." Paris 10, 1985. http://www.theses.fr/1985PA100188.
Full textDiallo, Mamadou Dian. "Les mutations de l'anti-blanchiment à l'aune de la profession bancaire et des libertés individuelles." Thesis, Reims, 2017. http://www.theses.fr/2017REIMD002/document.
Full textSince the end of 1990s in our days, the normative frame of the anti-money laundering did not stop evolving. This evolution, tangible rest as long with regard to the increase of the penal standards, that of the multiplication of the standards of policing within banks.The latter saw their role evolving considerably. On one hand, because the money laundering is in essence a dynamic breach. This leads an adaptation of the statutory frame to the evolutions of the breach.On the other hand, for historic considerations, because of the central place that occupy banks in the traffic of the capital. But also operational, for their capacity in consideration of the arsenal of risk management which they incline to detect the financial flows of illicit origins.However, this new configuration redrew fundamentally the outlines of the banking profession and he gave a new face. Indeed, reports between bankers and customers, were affected on one hand. On the other hand, his traditional obligations entered conflict with the standards of conformities inherent to the LBC-FT.So, the role of the banker which was traditionally limited to the supply of financial services slid towards a function of investigation, autoregulation. This sliding generated difficulties of an operational point of view for banks. They besides aroused legal dilemma by the frontal opposition between the fundamental principles of the banking law and the standards anti-bleaching.Of this opposition the superiority was naturally granted to the standards of conformity LBC-F. These aiming at the conservation of the financial system against the infiltration of the financial flows of illicit origins, therefore, of a protection of the economic law and order
Ihout, Sophia. "Approche comparative des soins psychiatriques et des libertés individuelles des patients en droit français et anglo-américain." Thesis, Paris 8, 2019. http://www.theses.fr/2019PA080034.
Full textToday, the quality of psychiatric care represents a public health issue. More than one person in four is exposed to mental disorders throughout his / her life. Care can be provided in mental institutions (inpatient care) or in the city through medical consultations (outpatient care). Psychiatric hospitalization can be voluntary or forced but it must respect some important criteria in order to enforce his fundamental rights and civil liberties. Indeed, psychiatric care cannot be separated from the exercise of the patient’s rights. Yet psychiatry did not always have a good reputation. Accused of being useless and dangerous to the sick, psychiatric care is deeply associated with the use of contention. Poor health conditions in mental institutions and physical abuse have undermined the standing of psychiatric care throughout the 19th and 20th centuries: enchainment, molestation, humiliation, malnourishment of the “insane”, use of seclusion, sedation and physical contention (restraint straps), etc. The institutional psychotherapy and the antipsychiatric movements have emerged in order to put an end to these forms of abuse and improve the quality of care and health conditions in mental institutions. Nowadays, the purpose of these currents of thoughts is to ensure the patient’s fundamental rights and improve the standard of care. Mental institutions must not constitute a place of confinement and segregation. Quality of care must be associated with the exercise of rights such as the freedom of movement in and out of the hospital, the right to correspondence or to refuse a treatment, etc. However, recent cuts in the financial resources of hospitals create great difficulties regarding the quality of care and the respect of patients’ rights: staff reduction, CCTV implementation, patient seclusion in their own room, etc. French, British and American laws will be compared in order to tackle their resemblances and differences regarding involuntary hospitalization. Our subject will also include inmates and homeless people suffering from mental disorders and their medical care when available. Access to care is especially difficult for these patients due to their precarious situation or the resistance of prison authorities. Then, medication safety and efficiency will be addressed: indeed, it constitutes the first source of psychiatric care along with mental institutions
Orobon, Frédéric. "Santé publique et libertés individuelles. L’exemple des conduites par lesquelles on peut se nuire à soi-même." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30009/document.
Full textAccording to epidemiological reports, smoking, excessive alcohol drinking, the lack of exercise as well as unbalanced food habits would account for fourty per cent of mortality before the age of sixty-five in the wealthiest countries. This argument based on statistics clearly shows that prevention whose purpose is to change individual lifestyles is bound to have an increasing part in public health policies. Indeed, to reduce what is called premature death, which is also socially determined, the increase of medical expenses is likely to have but little impact. Through this work, we want to show that prevention when it applies to individual lifestyles deserves philosophical interest as, in their own way, prevention messages refer to good or a kind of good. They also refer to evils that could be prevented by “virtuous behaviours”. However, one of the characteristics of this position – that might aim at a control of people’s conducts – is to postulate either the existence of an individual still to be found, whose desires would be obvious and unambiguous, whose action would always result from knowledge, or of one that the fear of illness and death would make sensible at last. To what extent are risk behaviours caused by the pursuit of pleasure? Do they necessarily stem from ignorance and blindness? Should preventing avoidable evils through a reform of individual conducts allow the authorities in charge in those issues to consider health as a goal in itself? We will try to answer these questions by outlining an ethic approach of prevention that balances public health and individual liberty
Camara, André. "Les pouvoirs de la police administrative et les libertés individuelles : la liberté d'aller et venir et la vie privée." Grenoble 2, 1996. http://www.theses.fr/1996GRE21034.
Full textSermet, Laurent. "L'incidence de la Convention européenne des droits de l'homme sur le contentieux administratif français." Aix-Marseille 3, 1994. http://www.theses.fr/1994AIX32005.
Full textThe effects of the european convention on human rights concerns three essentiel aspects of the french judicial review of administrative action : the right to a tribunal which content is the right to access to court and the right to a judgment ; the right to a fair trial that leads to a fair hearing, to an independent and impar tial tribunal and a public trial ; the right to an effective remedy that garantees the right to an effective judicial procedure and the right to an effective judicial fonction
Padovani, Julien. "Essai de modélisation de la justice constitutionnelle : réflexions à partir du recentrage du contentieux constitutionnel français autour des droits et libertés." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0446.
Full textAre theoretical models still a good vehicle to think about constitutional justice? This question is at the bottom of this study, recording the doctrinal neglect of this methodological tool. Modelling has indeed faded away in recent times, after having flourished in the end of the last century on the basis of its founding proposal formulated by Charles Eisenmann. This study reconnects with these works, in particular, with those of Francisco Rubio Llorente, suggesting that constitutional litigation should be studied through a teleological prism. Following the author's proposal, distinguishing between a law-centred model and a rights-centred one, the research focuses on the French constitutional justice system. It highlights a reconfiguration of judicial review around rights and freedoms, accelerated by the « question priroritaire de constitutionnalité ». It thus provides the material that can be used to build a new modelling. Because of its limitations, the original doctrinal proposal is indeed reformulated by highlighting the tension between separation of powers and human rights as the two kinds of purposes assigned to constitutional litigation. The stakes of such modelling are numerous. In particular, it makes it possible to draw attention to the nature of the control carried out and to the extent of power granted to constitutional judges, emphasizing the legitimacy issue of constitutional justice. This research is exploratory in nature. It provides, not an analysis of positive law, but a tool that can enable such an analysis. It is thus part of an approach trying to rehabilitate modelling in legal studies, based on an understanding of models as descriptive tools
VELASCO, VALERY. "Les libertés individuelles face aux nouveaux moyens de surveillance : ou la société de surveillance comme double cache de la société de l'information." Paris 10, 1999. http://www.theses.fr/1999PA100075.
Full textKerkatly, Yehia. "Le juge administratif et les libertés publiques en droits libanais et français." Phd thesis, Université de Grenoble, 2013. http://tel.archives-ouvertes.fr/tel-01002615.
Full textAubert, Stéphane. "Le droit et l'intelligence ambiante." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10073.
Full textRFId implies an evolution of identification technicity. Although, at the beginning, issue of the logic which gave birth to the bar code, this finally developed into a system improving tracability in spheres such as sanitation and logistics. However, more and more each day, this method of identification affects individual, physical, people.It is through this technical progress,that RFId systems produced the new biometric passports and electronic national identity cards. This is also the case for transport vouchers and identity badges for staff, which function using the same systems.Identification precision is thus increased, as also the realisation of identity control at distance .The « informatique et libertés » law is purposed to guarantee people the protection of their private personal details.In order to conform to this law, people responsable for dealing with RFId, which identifies an individual, are constrained to respect a certain nu mber of obligations. Citing previous consent as a criteria of legitimacy, modifies the equilibrium of the law governing personal data .In order to guarantee a more satisfactory protection, new means are envisaged, including integration of technical procedures,or, perhaps, offering to the individual the possibility of guaranteeing his own rights. Once again, the Law has to face up to a new challenge, outcoming from information and communicatio techniques, whilst respecting the limits of its own attributions, and must maintain the equilibrium between economic constraints and individual liberties
Molinéro, Laurence. "La validite de la publicite des decisions individuelles dans le contentieux administratif francais - contribution a l'etude du regime juridique des actes administratifs unilateraux-." Nantes, 1997. http://www.theses.fr/1997NANT4002.
Full textPublicity of individual administrative decisions presents a diversity attraction : way of publicity diversity (notification and publication) and interested persons's situation diversity (directly interested or third persons). The articulation of those two alternatives is studied through an extrinsic (actors and moment) and intrinsic (form and contents) validity conditions survey. This survey drives to confirm the formalism missing and the jurisprudence erratic way of being, the first and the second serving the juridic security imperative
Michel, Audrey. "Le recours au mode de preuve scientifique dans le contentieux constitutionnel des droits et libertés : recherche comparée sur les méthodes des juges américain et canadien." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0053/document.
Full textIn 1908, the U.S. Supreme Court Justices made several citations of medical, sociology andpsychology studies for the first time. Since then, the use of scientific evidence has expanded and it became an important part of the work of the Supreme Court of the U.S. as well as the Supreme Court of Canada. Scientific evidence is an essential tool to inform judges in constitutional rights cases. It gives information on social realities and technical questions which are directly relevant to resolve questions of law. However, the use of scientific evidence is more than a medium of information. Indeed, it implies an interest for facts that go beyond the parties. Constitutional doctrine itself implies empirical questions that could find answers in scientific evidence. By determining those facts, scientific evidence becomes a part of the constitutional doctrineitself. Consequently, the use of scientific evidence interrogates on the nature of judicial review and on the judge’s methods. Thought judges in the U.S. and in Canada frequently cite scientific evidence, their use is mostly unregulated and indeterminate. The uncertainties surrounding the use of scientific evidence concern procedural questions as well as questions regarding their role in decisionmaking. Those questions must be answered. Once resolved, we research a methodological framework in which scientific evidence could be used consistently by American and Canadian judges. This approach is essential to reassert the value of scientific evidence in constitutionalrights cases and to improve constitutional rights protection. Finally, this framework might be relevant for judges beyond the United States and Canada
Ghazo, Elie. "Les relations entre les actions disciplinaires et pénales à l'encontre du fonctionnaire civil en France et au Liban." Thesis, Rennes 1, 2017. http://www.theses.fr/2017REN1G014.
Full textWhen public civil servants engage in misconduct, which hinders the proper conduct of public duties, the Administration is entitled to exercise disciplinary action against them. In this way, the Administration controls, compensates or neutralizes the deviations likely to harm the public action and its image. Logically, the procedures for the exercise of disciplinary powers vary according to the state, in accordance with the provisions of each civil service. It is rare to find absolute conformity between the various disciplinary systems. The purpose of this thesis is to compare and identify the characteristics of the disciplinary action applicable in the civil service in France and Lebanon, bringing the latter action closer to criminal action. It is thus necessary to observe to what extent the general principles governing criminal prosecution can provide elements for the improvement of the disciplinary system, whether French or Lebanese, by making it more equitable
Mermoz, Vincent. "Les indices en procédure pénale." Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLS094/document.
Full textOnce taking the form of a "sign of divinity" in the trial by ordeal, the clue would henceforth designate any "event, object or trace" that might forge the judge's conviction. The characteristics of the clue can thus be recognized by its ability to make the desired result possible. In this sense, the clue cannot – today as in the past – directly indicate guilt, although it has always been able to allow for the presumption that the prohibited fact is imputable to suspects. The effects of the clue have always been sought after, without anyone ever being able to explain them. The clue makes possible, has specific power and fits perfectly into the dialectical reasoning inherent in the legal field.Lawyers use clue-based presumptions to compensate for the deficiencies inherent in criminal evidence. Undeniably, the clue occupies a central place in the probationary process. Nevertheless, a finding of deficiency is inevitable: the reasons why the clue produces this effect, which is so characteristic and therefore so common, are never explained. Undoubtedly too prosaic, the clue has vanished into the background of criminal evidence that has become preponderant because of the seriousness of the legal consequences it justifies. A sharper look this time would nevertheless have foreshadowed the universal importance of such a notion: since time immemorial, the clue has been the foundation of proof. As the foundations of a fragmented reality that the justice system wishes to reconstruct, the clues mark out the procedural path until evidence is obtained. The various phases of criminal proceedings are organised according to the rhythm of the interpreted clues, as much as they forge a conviction about the conduct of the prohibited acts. The intimate conviction in fact anchors the interpretation of the clue at the heart of the criminal evidence and, with it, the perfectibility of a human construction at the centre of criminal procedure
Vailhé, Judith. "Les opinions individuelles des juges de la Cour européenne des droits de l'homme : lecture de la jurisprudence sur le cumul des fonctions judiciaires." Paris 1, 2002. http://www.theses.fr/2002PA010331.
Full textBerenz, Philippe. "La notion de juridiction de l'Etat dans le contentieux européen des droits de l'homme : Essai sur la délimitation spatial de la Convention européenne des droits de l'homme et des libertés fondamentales." Paris 1, 2011. http://www.theses.fr/2011PA010303.
Full textCollet, Philippe. "L'acte coercitif en procédure pénale." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020060.
Full text« The coercive act in criminal law and procedure » [L’acte coercitif en procédure pénale]. Being essentially coercive, the French criminal law and procedure are composed of a succession of acts that the Public Authorities conduct. As they are all different by nature, these acts principally constitute judicial administration measures,acts of the judiciary police, prosecution or investigation measures, as well as jurisdictional acts. Among this great number of acts, some of them can prove to be coercive. And they have one particular point in common:they all encroach on individual liberties. One simply has to consider the controls or verifications of people’sidentities, police custody, search and seizure, the interceptions of any correspondence over the telecommunications, the use of sound and image detection technology, the judicial suspension, the electronically-monitored house arrest, or custody on remand. These acts, a-priori heterogeneous, constitute infact a category of their own. Corresponding to the judicial reality, a notion of coercive acts exists in criminal procedures in parallel with traditional concepts. Its main criterion lies in the specificity of its grievance. A two part classification of the acts, grounded on their coercive or non-coercive features, is then possible. Practical interests appear beyond a tangible theoretical one. For example, it will be possible to identify any new binding action the investigating judge is not allowed to take when new facts are discovered, in view of the prohibition to carry out coercive acts in such a situation. In addition, this notion qualifies for an autonomous regime. It serves not only constitutional and conventional but also legislative requirements that make it possible to exceed the inevitable variations of the acts that compose this category; namely the notions of legality, necessity and proportionality, the effective control by the judicial authority, the respect of the person’s dignity and health ASO… If the coercive act is to respect the rights of the defense, it could also be appealed in all cases through the courts. At last, its abuses remain punishable by law as the Penal Code represses abuses of authority. Thus, the persons who decide or carry out a coercive arbitrary act expose themselves to prosecution
Rigaud, Marjorie. "Le juge unique en droit administratif français au regard des garanties de bonne justice." Toulon, 2002. http://www.theses.fr/2002TOUL0035.
Full textThe object of this present study is to put the single judge in administrative law in relation to the good justice guaranties. So, it does appear, in first time, that this judge can to corne both effectively and efficiently within the framework to the french administrative law system. In this way, the single judge is presenting, above all, like an practical answer about the news developments of administrative's justice. Finally, he appears like answers of realities, which have, bring him in the emergency proceedings and in some category, which depended on collegiates courts. Furthermore, not any principle, even constitutional, is opposed to putting into place. Then, his establishment can't to be performs without the respect of rules which govern the juridiction. So, there are demands that are essentials as well in his existence as his quality. In a second time, this study does appears as well that the proceedings equity isn't ignored by the single judge, even though the legislator has given to him competences in materials which are characterized by proceeding reduction. The legislator has, in fact, established, like a scale in the proceeding rules applications according to the gravity mesures that can take the single judge. These rules, although varies application, go to impose to the judge. Lastly, the debate aiming to do a single judge less impartial than the collegial courts, can't existed considering the protection confered on the impartiality demand. In the end, because the single judge doesn't get away from the actualy protection about the right of fair proceeding, he appears like a viable complement at the collegiates courts
Monnier, Damien. "L'Etat de contentieux : contribution à la définition du concept d'"Etat de droit" en droit administratif français." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE2083.
Full textThe Rule of law concept is a real domestic law dogma and has established itself as a norm in the international judicial order. It is beneft of a clearly defined signification. Different concepts are accepted and depend on the agreements of the state, on a hic et nunc warranty of some rights as well as the rulers political will. This study aims to consider the administrative law, and more specifically the administrative judge’s role, as a means of control over the authority of the state so as to promote the rights and fundamental freedoms of the constituents in France. Even if nothing could portend such an evolution on the account of the state, the Conseil d’État, through a (neo)liberal political influence, became major judicial institution which builds the concept of domestic rule. The administrative juridiction legitimizes the public action of the governments while ensuring the legal security of the constituents through a formal and substantive interpretation of the principle of legality. This relation on between the state and the administrative law state of litigation which can be analyzed as a kaleidoscope of social facts. This stems from a power policy, of a positive conflict between men, the institutions, the normes or the instituted powers. Therefore, by accommodating authority and freedom, the administrative jurisdiction exposes the extent to which the administration is subjected to the administrative law. The objective construction of the administrative Rule of law allows the setting up of an administrative justice, which guarantees the republican values of the State thanks to legal Justice and Legal State. The upgrading of the administrative Rule of law by the democracy provide some freedom to the people vis-à-vis the state. The lack of liberalism fades away in favour of a litigious society, juridification and normatism to the detriment of the state
Minot, Lilian. "Le juge administratif du référé-libéré et la protection effective des droits et libertés fondamentaux des administrés." Thesis, Dijon, 2011. http://www.theses.fr/2011DIJOD009.
Full textRegarding citizens’ effective protection in terms of fundamental rights and liberties, the administrative judge has, for a long time, been overshadowed by his judicial counterpart, because of a chronic ineffectiveness concerning urgency procedures. However, lawmakers have redressed that situation in particular by creating the “freedom summary procedure” which explicitly aimed at transforming the administrative judge into an actual custodial judge in the same way the judicial judge is for illegal administrative acts. In the ten years following that creation, the administrative judge has fully seized the opportunity to compete with the judicial judge thanks to a progressive and constructive judicial policy. This policy resulted in a significantly extended conception of the notion of “fundamental liberties” and in the appearance and development of injunctive actions to protect them. The range of liberties considered as fundamental as well as the consequent degree of their protection will undeniably serve the aim of a rise of the administrative judge to the rank of effective protector of the citizens’ fundamental rights and liberties
Bechtold, July. "Les dérives de la politique de lutte contre la fraude fiscale." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1012.
Full textThe raise of means aiming to struggle against tax evasion threats fundamentals liberties for taxpayers. Indeed, the strengthening of tax repressive measures marks on more step in the state's intervention and seems to justify a generalisation of suspicion against taxpayers. Furthermore, the reinforcement in tax inspector's power mostly used through resort to judicial power isn't exempt from danger. It results in justifying violation of private life and illegal entry only based on presumption of tax fraud. Taxpayers are also exposed to tax authorities abuses and do not have necessary the means to face those abuses. As a public administration, tax authorities are supposed to work for general interest as defined in their mission to both collect taxes and sanction defrauders, but on the other hand they also benefit from an irrefragable presumption of fairness, which results in an attenuated liability. Indeed, rare are the case where the breach of duty from tax authorities is pushed forward by the judges. Moreover, when the judicial machine supplies the shortages of tax Authorities, the respect of equal weapon's principle seems more theoretic than efficient. Tax inspectors act more and more under pressure to get results and budgetary profits, to the detriment of individual freedom and presumption of sincerity. It's in this context that for years, tax authorities have been trying to change their image to present themselves as an administration of service, which main purpose is to encourage amicable settlement of tax litigation
Martin, Eve. "La faute de l'employeur à l'égard du salarié." Thesis, Rennes 1, 2015. http://www.theses.fr/2015REN1G004.
Full textThe specificities of a contract of employment involve a special assessment of the employer’s fault committed toward his employee. The fault is regarded as a breach of duty and is difficult to reconcile with the hierarchical superiority from the employer to the employee in any work relationship. The legal concept of the fault committed by the employer - as opposed to the well-known and precisely categorized wage-earner’s fault-is quite rare in French labour law. For instance, for decades, a companion was regarded as a simple performer in the work relationship and, as such, could not claim anything from his employer. A huge change came from, on one hand, new safety and health regulations needed to protect employees, and, on the other hand, the breakthtrough of the « employee-as-an-individual » rights. There are at the moment no legal regulations about the employer’s fault. However, the study of the acknowledgment and the legal regime of such a fault leads to scrutinising the labour case law, which eventually shows that the notion has no unity. The employer’s fault can lead to either a classical breach of contract of employment or to an atypical (and yet to be completed) legal regime, extraneous of the French common law. Truly speaking, the assessment of this fault depends on both the nature and the seriousness of the breach of duty regarding the rights of the employee. It seemed difficult to establish a precise legal classification of the employer’s fault. Nonetheless, this work concentrates on the sources of the above-mentionned lack of uniformity and attempts to consider a categorization of the fault
Perdu, Sylvande. "Le déroulement du procès administratif à l'épreuve des droits européen, constitutionnel et judiciaire." Pau, 2002. http://www.theses.fr/2002PAUU2011.
Full textLike in any other field, the administrative trial is challenged by European, constitutional and judicial laws. In the past, judicial processes represented the main influence but today it appears necessary to examine " crossed influences ". Administrative specificities which punctuate the entire legal procedure might be questioned by this new reality but, at the same time, they are likely to be consolidated. It turns out that legal decisions produced by European, constitutional or administrative judges are favourable to those specificities. Even if the European Court of Human Rights imposes a model of " fair trial ", it doesn't condemn national identities such as administrative characteristics during the trial. It results from that analysis that administrative judges actually offer an efficient protection to " the right to an effective appeal "
Maifada, Magoudani Mahamadou. "Construire et mettre en œuvre un droit des données personnelles dans l’espace UEMOA : étude comparée à partir des cas du Burkina Faso, de la Côte d’Ivoire, du Niger et du Sénégal à la lumière du droit français et européen." Electronic Thesis or Diss., Paris 12, 2023. http://www.theses.fr/2023PA120073.
Full textThis thesis provides an in-depth analysis of the legal framework surrounding the protection of personal data within the West African Economic and Monetary Union (WAEMU), specifically focusing on Burkina Faso, Côte d'Ivoire, Niger, and Senegal – the areas under study. It delves into the motivations that led these states to adopt specific legislations influenced by foreign models, notably the French model of the "Loi Informatique et Libertés," rather than relying on national or community references.This analysis explores the development process of these regulations, from legislative evolution to international institutions' initiatives. Special attention is given to the influence of the International Organization of La Francophonie (IOF) and the French Commission for Data Protection (Commission de l'Informatique et des Libertés) in promoting the initial national legislations within this region.Furthermore, the thesis conducts a detailed comparison between the existing regulations within WAEMU and the European Union's General Data Protection Regulation (GDPR). This comparison highlights significant similarities and differences, particularly concerning the scope of application, stakeholders' responsibilities, and the rights of the individuals concerned.Moreover, the study examines the practical implementation of these regulations, focusing on key actors, including regulatory authorities, data controllers, Civil Society Organizations (CSOs), and data subjects in each state. It analyzes the challenges faced by regulatory authorities and cooperation policies aimed at enhancing the effectiveness of personal data rights.Finally, the thesis explores the limitations of personal data rights, particularly in their interaction with public policies in the telecommunications sector and the issues related to cybercrime.Overall, this work offers a comprehensive and nuanced perspective on personal data rights within WAEMU, shedding light on the motivations, achievements, challenges, and prospects in the ever-evolving African legal context. It constitutes a significant contribution to the understanding of personal data protection in the African legal context
Gallardo, Eudoxie. "La qualification pénale des faits." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32032.
Full textThe approach of the characterization of the facts in criminal law is generally treated as an intellectual operation ruled by the principle of legality and more particularly by the principle of the strict interpretation of criminal law. Such an approach hides the procedural dimension of the characterization of facts in criminal law which is, however, essential to the protection of individual freedoms. The union of these two aspects of the characterization leads to a static form: the characterization of facts. Situated between the incrimination and the offense, it proposes an intermediate status where the nature of the criminal facts will be represented intellectually taking into consideration the evolution of the criminal trial. More precisely, the characterization of facts is analyzed as a framed and applied representation of the nature of the criminal facts. Framed by the principles of legality and of the right to a fair trial, the criminal characterization of facts offers a legalist and fair image of the criminal nature of the facts. But the frame alone is not sufficient to elaborate the notion of characterization of facts. Its elaboration begins upstream when it is a sheer presumption in the mind of the qualifying authority. It is during the process of a repressive and symbolic application that the characterization of the facts materializes, thus becoming a judicial object. In a manner peculiar to criminal law, the characterization of the facts becomes a concept which suggests a way to apprehend the criminal nature of the facts
Tcherkessoff, Pierre. "Cohérence et légitimité du ministère public." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020022.
Full textAt a time in which the institutions of the judiciary are at the heart of public debate, it is apparent that the status and role of the Public Prosecutor are key issues in judicial reform. Further to rulings from the European Court of Human Rights and inconsistencies within the French model itself, the office of the Public Prosecutor in France is undergoing a profound crisis of legitimacy. A theoretical assessment appears necessary in order to produce an appropriate and coherent model giving indisputable legitimacy to those representatives of society who are to protect public interest and individual freedoms. Such legitimacy is to be considered in light of the position of the Public Prosecutor in the apparatus of State, the procedures he must follow and the objectives he must pursue. Having highlighted the lack of statutory safeguards applicable to the office of the French Public Prosecutor, and considering its legitimacy within the judiciary, it appears that by the very nature of its various criminal, civil and commercial functions, and given the tasks entrusted to it, the office of Public Prosecutor must be fulfilled by members of the judiciary who benefit, as such, from the same statutory guarantees as judges
Cousson, Anne. "Droits de l'homme au Royaume-Uni entre 1998 et 2010 : entre politique nationale et droit international." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCA143/document.
Full textIn the United Kingdom, human rights have been strongly debated, both in the legal and political fields. One of the very first measures taken by the government of Tony Blair in 1998 has been to pass the Human Rights Act, a law incorporating the European convention on human rights into national law, therefore transforming the protection of human rights at the national level. However, the flaws of the Human Rights Act have appeared and it was contested soon after its passage. Furthermore, the government had to make political choices to implement in practice the protection of human rights. Their evolution can be considered paradoxical: the right to equality was strengthened and included more varied elements while the development of a strong security policy caused some civil liberties to be severely constrained. The British courts have also been able to participate in the creation of new rights, like the right to privacy which did not have an independent existence in English law until the courts recognised it, under European influence. The legal changes in the protection of human rights have caused a change in the way power is distributed in the United Kingdom, both at a national level, where the executive branch was strengthened, and in the relationship with Europe, where the power of international courts has been seen as infringing on British sovereignty. The human rights policies of the Blair and Brown governments, therefore, has been fraught with contradictions, living somewhere between the stronger protection of some rights and the tighter restraints created to defend security, and between the desire to participate more fully in European integration while still having to deal with growing Euroscepticism
Ménard, Arnaud. "L'office des juges constitutionnels français des droits fondamentaux." Thesis, Normandie, 2020. http://www.theses.fr/2020NORMR023.
Full textThis thesis presents an original definition of fundamental rights. It relates to a study of the competences of French constitutional judges. These judges apply and classify fundamental rights. The identification and classification of fundamental rights are based on a criterion of priority of application, or "prevalence"
Di, Maggio Antonia. "Les atteintes aux systèmes de traitement automatisé de données : harmonisation et coopération en Europe." Electronic Thesis or Diss., Corte, 2022. http://www.theses.fr/2022CORT0014.
Full textComputer systems are essential parts of political, social, and economic interaction and have become fundamental for development and innovation. However, these systems are as many resources as they can be a threat to the security, the rights and the freedoms of users. Indeed, attacks on automated data processing systems consist in various criminal processes, carried out by several categories of offenders and affecting many different victims such as individuals, companies, or even States. The study of the punishment of such offences leads us to the question of the relevance of French legislation concerning that through a double examination. The first one, on the one hand, consisting of comparing, through a horizontal analysis, the substantive and formal special criminal law, from the angle of comparative law (Belgium and Italy), and, on the other hand, in examining, through a vertical analysis, their consistency with European standards. From this point of view, the study discloses the existence of a legislative corpus which is dense but also unclear because of its technicality. The study also notes that there is a fragile border in procedural matters regarding to the development of techniques which are effective but also likely to affect individual freedoms. The second examination focuses on the overall policy implemented by States to prevent and combat these computer attacks. On this point, cooperation between States is a corollary of the effectiveness of repression in this area. However, in practice, the choices made to promote such collaboration encounter major application difficulties. Added to these difficulties are those linked to the commission of cyberattacks by the States themselves, since cyberspace now appears as a new field of political and military conflict. That being stated, while it seemed that these state cyberattacks were carried out in an area of lawlessness, it turns out, on the contrary, that criminal law has a certain potential for their repression
Chevalier, Sébastien. "Refus d'un acte médical et liberté individuelle." Thesis, Angers, 2015. http://www.theses.fr/2015ANGE0088.
Full textThe right to refuse a medical act, a corollary of the principle of consent to care, reflects the expression of individual freedoms and respect for the physical integrity of individuals. However, the affirmation of this right does not appear to be self-evident: it amounts to admitting the deterioration of a person’s health whereas the purpose of medicine is to achieve the healing of a patient. Moreover, like all fundamental rights and freedoms, nuisance to others is a limit to the application of the right to refuse a medical act. If temperaments are provided for, the limitations of the said right are susceptible of degrees: failure to comply with the legislative provisions relating to compulsory vaccinations results in the prohibition of access to the public school service and exposes the offender to criminal sanctions. In this case, the physical integrity of individuals is not affected since there is no possibility of forced injection. On the other hand, the principle of consent to care is called into question in two cases. On the one hand, when the patient’s vital prognosis is at stake, interventions can be given by force; this applies to blood transfusions intended for a Jehovah’s Witness patient. On the other hand, the right to refuse a medical procedure can disappear when people suffering from mental disorders are hospitalized without consent. However, strengthened safeguards have recently been put in place: new procedural rules that are more protective of fundamental freedoms are being applied and the judicial wall is more efficient. Consequently, restrictions on the exercise of the right to refuse a medical act are justified in the name of safeguarding public order, the definition of which is extensive
Herran, Thomas. "Essai d'une théorie générale de l'entraide policière internationale." Thesis, Pau, 2012. http://www.theses.fr/2012PAUU2010.
Full textDue to the several sources and its implementation, the international mutual help between the polices tends to be a concept difficult to understand. The different ways to set up the cooperation in the different part of the world and the several evolutions known, are increasing the difficulties to understand its complexity. This study wants to show and give a clearer vision of this mutual help. Basically, there are two kinds of mutual helps: the assistance and the cooperation. The result appears after a notional study and is consolidated by the establishment of a framework. Despite a commom definition, the study of the notion reveals a duality in the international mutual help between the polices. This duality has an impact on the legal framework, as two types of frameworks are appearing: the assistance relates on the common law system and the cooperation tends to be a specific framework. Finally, it appears the international mutual helps between the polices borrows from the criminal proceedings and from the international rights their caracteristics and their influences
Kadem, Sabine. "Le droit du plus faible comme principe d'interprétation judiciaire en droit civil de la personne." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0104.
Full textThe weakness is everywhere and affects everybody. When she is revealed, showsitself the vulnerability. A this moment she must be legally qualified. Yet, as any qualification,her has to obey rules. So these impose upon the present study as first analytica l foundation.Indeed while leaving of the private law, that of the person, of first rules guaranteeing the rightsof " the Man " can be identified. These have for object what makes the human being, in hisweakness, in a way gives a shape of definition, legal, but without all the depth of an approachthan what systematism, even sometimes systematic, in the sense of a regulation“administrativiste” rights. It is in the theoretical intertwinings, that base the legal rule, whichwe can seize with hypotheses making the legal rule be. However, it is in the underlyingthought, that only a language of philosophy of the right/law will know how to reveal, that theweakness will find its most demanding correspondence. There she joins the ontological andmetaphysical languages, which make that she "exists". Of an approach of philosophy of theright/law we shall thus retain that the right of the weakest obeys several common rules, andbeing of a shape of universality, and that these can find a real translation in substant ive law. Itis a shape of typology of the weakness that we find most of the time in practice in the speechof the judge. While calling upon the judgment of the judge, in his ruler judicial interpretation,the weakness take its last shape, the one that the person owes accept to assert to right a“right”
Legault-Lamontagne, Myriam. "Moi, foule corps : réflexion critique sur l'espace de liberté individuelle dans le processus intime d'intégration des modèles et contre-modèles relatifs au corps." Mémoire, 2007. http://www.archipel.uqam.ca/1255/1/M9867.pdf.
Full textSimard, David Éric. "Jean-Charles Harvey, défenseur des libertés et promoteur de la modernité : le jour (1937-1946)." Mémoire, 2007. http://www.archipel.uqam.ca/757/1/M10113.pdf.
Full textSzczepanik, Geneviève. "La mobilisation de la notion de choix dans les discours et débats féministes contemporains : une analyse de blogues féministes." Thèse, 2013. http://www.archipel.uqam.ca/5859/1/D2559.pdf.
Full textBertrand, Benjamin. "État-providence et libéralisme redistributif : entre "nouveau" et "néo" libéralisme." Mémoire, 2012. http://www.archipel.uqam.ca/5289/1/M12673.pdf.
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