Dissertations / Theses on the topic 'Droit d'asile (droit européen)'
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Chaloyard, Barbara. "Le droit d'asile en Autriche sous l'influence du droit international et du droit européen." Besançon, 2001. http://www.theses.fr/2001BESA0008.
Full textPétin, Joanna. "La vulnérabilité en droit européen de l'asile." Thesis, Pau, 2016. http://www.theses.fr/2016PAUU2012/document.
Full textAt first sight, talking about Vulnerability in the field of European Asylum Law could sound surprising, as the vulnerability of applicants for international protection seems to be inherent to their status and their exile course. The European Court of Human Rights in the M.S.S. versus Belgium and Greece case recognized indeed the vulnerability of the whole group of applicants for international protection. However, this globalizing approach is opposed to the individualized approach set in the instruments of the Common European Asylum System. In many ways, this last approach is the one that reveals the interest of using the concept of Vulnerability in Law. The analysis of Vulnerability, through the research conducted, allows to assert that Vulnerability aims at identifying particularities, individual specificities that require special protection. While demanding an individualization of Vulnerability through the existence of a characterized weakness entailing special needs in terms of reception and procedural guarantees, the EU Law effectively confines the notion of vulnerable person to a limited number of individuals. But, above all, it reflects the principal function of the use of Vulnerability in Law: to ensure an enhanced protection. It is indeed through its function, namely a material and procedural support adapted to the special needs of vulnerable applicants for international protection, that the effectiveness of Vulnerability is revealed in the field of the European Asylum Law. All the applicants for international protection are not per se vulnerable, just few of them are: only those who have special needs can be qualified as vulnerable. This analysis of the concept of Vulnerability in the field of European Asylum Law allows thus to comprehend and delimit its outlines and its functions in Law
Monheim, Jenny. "Analyse économique du droit d'asile." Thesis, Nancy 2, 2007. http://www.theses.fr/2007NAN20007/document.
Full textNous étudions le processus de création de droit d'asile et son impact sur les réfugiés. Le chapitre préliminaire présente l'histoire des flux de réfugiés et du droit d'asile, la recherche sur les raisons de migration ainsi que les enjeux du sujet. Le deuxième chapitre a pour objet l'influence du droit d'asile sur les flux d'immigration de réfugiés. Nous analysons l'impact des restrictions des différents types de mesure du droit d'asile sur les décisions des réfugiés en terme d'émigration et de demande d'asile. A travers les passeurs, un impact indirect influence la taille des flux et le nombre de demandes. Le troisième chapitre décrit le choix du niveau de droit d'asile des différents niveaux de gouvernement en fonction de l'impact du droit sur les flux de réfugiés. Le quatrième chapitre porte sur la question de savoir le meilleur choix institutionnel de production du droit d'asile en Union Européenne. Tenant compte des objectifs en terme d'immigration clandestine, il compare les niveaux de droit d'asile qui seraient adoptés par les gouvernements nationaux, par le Conseil de l'Union Européenne, par le Parlement Européen, et en co-décision entre ces deux dernières institutions. Le cinquième chapitre a pour objet la structure des subventions accordées aux Etats membres par le Fonds Européen pour les Réfugiés (FER). En effet, le FER accorde une partie limitée en subventions fixes et une partie plus importante en financement complémentaire à des projets. Nous étudions l'impact des différentes subventions et de leur combinaison sur les dépenses en aide aux réfugiés en présence de coûts de transaction
Koutsouraki, Eleni. "Les droits des demandeurs d'asile dans l'Union européenne et leur condition en droit comparé (France, Grèce)." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020009.
Full textThe crisis of asylum law within the European Union is currently the subject of recurring concerns. In addition to that, people who seek protection in the "area of freedom, security and justice" of the European Union, face another crisis, that of the right to asylum. Following this observation, it seems relevant to consider the rights of asylum seekers under the Common European Asylum System (CEAS). More specifically, we study the effectiveness of rights before the obstacles of access to the European Union and its Member States’ asylum procedures, the rights related to the procedure for examining asylum applications and the rights accorded during this examination. The protection of these rights, in addition to the traditional problem of the implementation of international commitments at national level, was faced with a new regional system as well as an ambiguous harmonization. Through the study of human rights, this research aims to demonstrate the causes of the crisis, to propose possible solutions oriented to the respect of international law and contribute to the improvement of the status of asylum seekers in the European space. To this end, our approach is also comparative because the examination of two concrete examples is useful for analysis, reflection and finally evaluation of the CEAS, which began to distribute the burden in the European Union by the Dublin mechanism before the examination procedures and reception conditions in the member states have been harmonized. A comparative law analysis between two member states, France and Greece, it seems to be necessary in order to demonstrate the current challenges of European harmonization on asylum and illuminate the challenges of rights’ protection.Keywords :
Boutruche, Samuel. "La protection temporaire des personnes déplacées en droit de l'Union européenne : un nouveau modèle en cas d'afflux massifs ?" Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32005.
Full textThe 2001/55 Directive is the first harmonisation instrument adopted by the EU Council in the field of asylum under the Amsterdam Treaty. It establishes minimum standards for giving temporary protection as well as a solidarity mecanism between Member States in the event of a mass influx of displaced persons. While it has never been applied yet, it constitutes, to a certain extent, a model to respond to mass influx situations. The precedents of « temporary refuge » allow to assess the exemplarity of the Directive. The analysis of this practice of temporary admission in cases of mass influx demonstrates the added value and the gaps of the temporary protection in EU law as well as its origins, which date back beyond the crisis in ex-Yugoslavia. The system set up by the Directive is unprecendeted in terms of its nature, scope and implementation procedure. Unlike refugee or subsidiary protection statuses, temporary protection is defined as « a procedure of exceptional character », which is applied through a qualified majority decision of the Council and extends to persons fleeing endemic violence. Therefore, this Directive pursues protection and management purposes and, beyond harmonisation, creates an autonomous legal regime. However, the temporary protection of the EU is closely linked to the other relevant standards of international law and of the common European asylum system. While it appears, in many respects, as an exception to the general laws on asylum, temporary protection is generally compatible with these standards and likely to influence the way they are implemented
Gerber, Bettina. "Die Asylrechtsharmonisierung in der Europäischen Union : unter besonderer Berücksichtigung der Richtlinie zur Festlegung von Mindestnormen für die Aufnahme von Asylbewerbern in den Mitgliedstaaten /." Frankfurt am Main : P. Lang, 2004. http://catalogue.bnf.fr/ark:/12148/cb392572696.
Full textBen, Hadid Samir. "Le statut des étrangers dans le droit de l'Union européenne." Thesis, Nice, 2014. http://www.theses.fr/2014NICE0011/document.
Full textIn the European Union, the Commission prepares a reform of the legislation on immigration and asylum, vis-a-vis a steady rise in the number of immigrants and asylum seekers. The economic, social and political difficulties, that a large number of States in Africa, Asia and even Europe encounter, will maintain a strong request for entry from abroad. This situation will confront the E.U in search of a difficult balance between the national interests and a duty of care. Thus, is there a sufficient protection for the foreigners in the European Union Law ? Then, is there a general status applicable to all the foreigners ? It should be noted that the rights of foreigners are at the same time limited and variable. Limited when one confronts the status of foreign and that of the European citizens; and variables to the extent that foreigners are not given all the same rights. Thus, it is estimated that the Union should develop a more proactive migration policy based on the management and not on the prevention of the migratory movements. This policy should be based on a clear framework of the aliens ‘rights. It should guarantee to migrant workers a legal framework as regards equal treatment with the nationals. A common framework should be developed in the conditions of entry and residence, starting from a consensus between the public authorities and the social partners concerning the needs of the labor market
Crabit, Emmanuel. "Recherches sur la notion d'espace judiciaire européen." Bordeaux 1, 1987. http://www.theses.fr/1987BOR1D012.
Full textThe notion of european judicial area can be interpreted in two ways. -on the one hand, it could encompass the different projets which are aimed at creating a new european cooperation on penal codes and practise and in the fight against terrorism (for example the project undertaken by giscard d'estaing or the "badinter proposals" in 1982. We will look in depth at the characteristics of these projects and the obstacles encountered, which have prevented their adoption (such as: the risk of contraveray on human rights or the right to asylum, competition with the work of the european council, and the difficulties of multilateral extradition treaties. -on the other hand, we can use this notion to signify the different examples of international cooperation already in place (for example bilateral or multilateral extradition treaties or judicial cooperation, the brussels convention of 27 september 1968, the judicial system of european communities, or the cedh mechanism). Although these level of cooperation do not constitute a unified and homogenous judicial area, it can be said that certain element exist which link then together both at "normatif" and institutional levels, confining our perspective to the possible creation of a european judicial area, we propose to develop these interconnection and fit together the judicial instruments that already exist
Zarrella, Silvia. "Le principe de solidarité et de partage équitable de responsabilités en matière d'asile entre les États membres de l'Union Européenne." Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA014/document.
Full textThe massive flow of refugees from Syria caught out the reception capacity of some Euro-Mediterranean countries, and highlighted the lack of solidarity and fair sharing of responsibilities among the States of the European Union. Firstly, this study defines the concept of "burden-sharing" conceived as a concrete measure of solidarity to be accomplished through the distribution of risks and costs among the members of a group in order to achieve a common goal. After analyzing the evolution of this principle in international law, we evaluate its implementation in the legal order of the European Union, particularly in the European Common Asylum System (CEAS) as enshrined in Article 80 TFEU. By assessing the Dublin system and the most current answers to the Syrian emergence, we will argue that the European Union is still far from the full realization of the principle of burden sharing
Cseke, Nóra. "Accès au juge et aux procédures d'asile à la lumière des droits européen, allemand et français." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA004.
Full textThe effectiveness of access to asylum bodies depends on a combination of several factors which are not derived solely from national law. The sine qua non of the effectiveness of such access is a harmonious reception by the various Member States of the procedural guarantees essential to it and defined at European level, which presupposes, however, a balanced relationship between ECHR law and Union law built in a spirit of dialogue. In establishing this dialogue, the EU legislator, like the European Court of Human Rights and the Court of Justice of the European Union, plays an essential role, and if this dialogue were to prove dissonant, national law could still correct any shortcomings thus noted. To this end, it is certainly necessary to establish a dialogue also at national level, not only with the EU legislator and the European courts but also between the administrative and judicial authorities at State level. Ultimately, the effectiveness of this access is also essential in a cross-border dimension in order to further approximate national legislation and to propose a European solution to the structural and systemic problems characterizing this access
Bouteillet-Paquet, Daphné. "Une approche critique de la politique européenne en matière d'asile et ses conséquences sur certains pays d'Europe centrale : au-delà de la politique du cordon sécuritaire ?" Paris 1, 2000. http://www.harmatheque.com/ebook/l-europe-et-le-droit-d-asile.
Full textŞ̣ahin, Ali. "Der Vertrag von Amsterdam : vergemeinschaftetes Asylrecht /." Frankfurt am Main : Peter Lang, 2003. http://catalogue.bnf.fr/ark:/12148/cb392572812.
Full textMansour, Mouna. "L'Union européenne au miroir de la demande d'asile." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D035.
Full textDefined as national law and then as Community law since the adoption of the Dublin Convention in 1990 by the Member States, the asylum policy of the European Union has become inseparable from its migration policy. The context of the mass influx of exiles into the European Union in the course of 2010 has allowed the EU to strengthen the integration of asylum demand into a security policy by prioritizing, categorizing and strengthening the outsourcing of its treatment. However, by confirming the « Dublin » mechanism which calls for the solidarity of the Member States in the care of asylum seekers, the European Union, which until then formed an institutionally unified blocaround the values of the human rights and democracy, is now crossed by conflicts that leave open the question of integration and rejection of asylum seekers and reveal a wider crisis
Viennet, Carole. "Des droits sociaux pour l'intégration des réfugiés en Europe : les droits à la santé, au logement, à l’éducation et au travail des personnes ayant besoin d’une protection internationale, dans les Droits de l’homme et le Droit des réfugiés." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA022/document.
Full textThe integration of refugees includes providing access to healthcare and housing, schooling, vocational training and entry into the labour market. In short, it is about guaranteeing their social rights. Examining these issues, this thesis paves the way for the protection of rights to health, housing, education and work of every category of person in need of international protection. The main human rights and refugee norms adopted under the respective frameworks of the United Nations, the Council of Europe and the European Union are, for the very first time in this field, challenged, read in conjunction and put in to perspective in light of forthcoming reforms. The results are, in particular, a mapping of the various guarantees available according to one’s migration status and personal circumstances, the definitions of general determinative criteria which emerge from a comparison of respective systems, as well as innovative legal arguments
Peyronnet, Chloé. "Le standard migratoire de l’Union européenne." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0004.
Full textThe concept of migratory standard refers to what we identified, in the framework of EU law, as a device regulating member States’ obligation, stemming from this very legal order, to integrate UE citizens and non-UE citizens. This device relies on economic worth and social worth indicia so that, at every step of one’s integration journey, the host member State only have an obligation to integrate in so far as this integration does not threaten the cohesion of its social community. These indicia, however, are overarchingly irrigated by a paradigmatic hierarchy of nationality. This hierarchy stems from the way in which the notion of UE citizenship is construed, namely by opposition to non-UE individuals. The regulation of the obligation to integrate purposely narrows down the rights of non-UE individuals to be integrated. This structural restriction is supposed to preserve member States’ ability to integrate UE citizens within their national social community. At the same time, liberal values claimed to be at the core of UE law conflicts with the idea of inequality of rights. This concern over inequality is translated by the attempt to restrict the right of entry into the territory of member States to those who meet economic worth and social worth expectations as they are deemed less likely to exert pressure on national social cohesion. The dynamics and relations between the development of the free movement of persons within the UE and the concurring development of the countering of illegal immigration and abuse of asylum rights are at the core of what the concept of migratory standard attempts to shed light on
Lamort, Sarah. "Frontières de l’asile : Contribution à l’étude de la complexité des territoires de l’asile en Europe." Thesis, Lyon 2, 2014. http://www.theses.fr/2014LYO22001.
Full textDuring the 1990s, European States face new challenges in the asylum area. The transformation of forced migration flows and the achievement of the common area of free movement bring the asylum issue in the European arena. The European Union asylum policy is built to answer at the European level to the protection and mixed migration flows challenges. More than 10 years after the policy has been launched, the picture is mixed. A European answer has certainly been elaborated through the development of the EU asylum law, guaranteeing new subjective rights for asylum seekers and refugees. However, the common European asylum area remains an heterogeneous area in which fair burden-sharing is not ensured. The harmonization of the legal norms of the domestic asylum system is unachieved, the Dublin system is a deadlock, and only minimum financial solidarity mechanisms between the Member States have been established. Beyond the Member States territories, new answers are being built as a continuation of those implemented within the European Union. The extraterritorialization of border control policies aims to limit the Member states’ asylum burden. Access to the asylum territory is the new protection challenge emerging as a result of those policies. The external dimension of the European Union asylum policy is a partial and unachieved attempt to address this issue. Also, the European Union now systematically integrates its migrations concerns within its cooperation policy with non-EU Member States. Its cooperation with Turkey in the asylum area illustrates the scope and the limits of this policy. The influence of the European Union on the Turkish asylum system is uncontested. However, whether the European Union has an impact on the asylum burden-sharing between Turkey and the Member States is subject to discussion. While exploring the dialectic relation between the right to asylum and migration policies, this research on the common European asylum area and its borders focuses on the transformation of asylum territoriality and seeks to propose a renewed approach of it
Kountouris, Nikolas. "La construction de la politique communautaire en matière d'asile : enjeux, luttes et dynamiques institutionnelles." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32082.
Full textIn chronological terms the European asylum policy is extremely recent. Nevertheless, asylum is in the centre of different European multi-actors negotiations for more than 25 years. This policy touches the heard of the national State traditional functions. Equally, the European asylum policy constitutes an example of the process of construction of a more political Europe. Can we identify in this cas a new European public policy overtaking the traditional logics of a construction of national public problems? That could be one of the questions tackled in this study. The purpose of this research is to understand on one hand why asylum, a subject very closely linked with national sovereignty, figures in the agenda of the European public policies. How this policy was negotiated and created by diffrent actors and which were their logics of action. Futhermore, our analysis of the creation process of the European asylum policy has as a purpose to contribute to the understanding of the logics of public actions in a new European policy sector called "Justice and Home Affairs"
Lantero, Caroline. "L’introuvable statut du réfugié : de la protection du semblable au rejet de l’autre." Clermont-Ferrand 1, 2008. http://www.theses.fr/2008CLF10007.
Full textIn the context of the now persistent crisis of asylum, identifying refugee status is becoming more and more difficult. The Geneva Convention certainly remains the main standard, but the refugee status is produced within, around and outside this convention. Within and around, via international human rights and domestic laws which empower and/or implement this status. Outside, via the same domestic laws and supranational laws which impoverish and depreciate it. Through the French/European context, supported by the Canadian/North-American example, this research shows how the numerous legislative and legal interactions and discussions to build up the refugee status, based on the refugee’s “image”, this “image” being itself the result of legal discourse. The refugee is at once, the “human being” protected by Human rights, the “refugee” weakened by Refugee Law, and the “Other” rejected by immigration and security strategies. His status is a continuous construction which surely preserves a high potential for protection, but entangles itself more and more in destabilization and refusal. From being hard to identify, the refugee status turns out to be untraceable
Guidat, Valérie. "La protection des exilés en dehors de la Convention de Genève : étude comparée de la protection offerte par six pays membres dans la perspective de l'harmonisation européenne." Paris 1, 2002. http://www.theses.fr/2002PA010283.
Full textProbst, Johanna. "Instruire la demande d'asile : étude comparative du processus décisionnel au sein de l'administration allemande et française." Phd thesis, Université de Strasbourg, 2012. http://tel.archives-ouvertes.fr/tel-00985215.
Full textMartin, Necker Aurélie. "Le rôle et l'influence du Haut Commissariat des Nations Unies pour les réfugiés (HCR) dans le processus de communautarisation des politiques d'asile en Europe." Paris, Institut d'études politiques, 2011. http://www.theses.fr/2011IEPP0047.
Full textThe United Nations High Commissioner for Refugees was created after the Second World War to assist European Refugees that were displaced by or following to the conflict. Since its origins, interactions between UNHCR and the European States grew and increased quickly. From the 1980s however, due to the “asylum crisis” in the European States which was caused by an important growth in the number of asylum applications and by the adoption of stricter egislations on asylum in most of the European States, the role and autonomy of UNHCR was weakened. Following to the treaty of Amsterdam in 1997 and the Tampere summit in 1999, the European Union decided to harmonize asylum policies among member States. This process has a internal dimension which is aimed at harmonizing both national laws and practices. It also has an external dimension which is composed of different projects and policies, going from the resettlement of refugees to Europe, to the “externalisation” of the asylum policy or the implementation of the regional protection programmes aimed at reinforcing the capacities of protection of refugees in the third countries. The purpose of this research is to assess the role and the influence of UNHCR in this process of communautarisation of asylum policies in Europe. I argue that UNHCR gained in autonomy and in legitimacy with the transfer at the regional level of asylum policies: in autonomy because it built some coalitions with the supranational actors; in legitimacy because its role, both in the decision process and in the implementation of the policy, was reasserted
Boccardi, Ingrid. "Europe and refugees : towards an EU asylum policy /." The Hague [u.a.] : Kluwer, 2002. http://www.gbv.de/dms/sub-hamburg/345637224.pdf.
Full textChassin, Catherine-Amélie. "Le droit d'asile en France." Paris 2, 2000. http://www.theses.fr/2000PA020116.
Full textMonheim, Jenny Deffains Bruno. "Analyse économique du droit d'asile." S. l. : Université Nancy 2, 2007. http://cyberdoc.univ-nancy2.fr/htdocs/docs_ouvert/doc268/2007NAN20007.pdf.
Full textPellegrino, Claudia Lea. "La Cour constitutionnelle italienne et son rôle en matière de garantie des droits fondamentaux des étrangers." Thesis, Paris, EHESS, 2019. http://www.theses.fr/2019EHES0186.
Full textThe present work aims to investigate the role of the Italian Constitutional Court in the protection of fundamental rights of individuals, enshrined in the Constitution. Special reference will be made to the category of third-country nationals, who are untied from the State by any bond of citizenship.This research is conducted following a perspective of historical reconstruction, starting from the evolution of constitutional justice in Europe and the works of the Italian Constituent Assembly concerning the establishment of a “Judge of laws”.The first section of the thesis analyses the Court’s structure, its functioning, the decision-making tools and the mechanisms of access to the constitutional judgment of the laws. With regard to the latter, it is intended to focus attention on the mechanism of cross-claim as it is designed in the Italian constitutional justice’s system, by analyzing its strengths and limits and by making a comparison with the “question prioritaire de constitutionnalité” introduced in France ten years ago.Furthermore, research aims to investigate the absence, in the Italian system, of any forms of direct appeal by the individuals, which may allow them to send a referral to the Court in the absence of an a quo judgment in which an opportunity for the referral of the question of constitutional legitimacy can be initiated.Moreover, object of analysis are the legislative proposals for the establishment of such an instrument, as well as the doctrinal orientations that have spoken in favor or against this opportunity.The second part, which constitutes the more original contribution of the work, relates to the role that the Constitutional Court has provided in defining the legal status of foreigners and in implementing the constitutional right of asylum. The evolution of the constitutional jurisprudence in the matter of immigration is characterized by a trend of self-restraint by the Court as far as the discretion of the legislator is concerned.However, the attitude of the Court also varies according to the aspects governed by sectorial legislation and the rights that are presumed to be violated by the laws subjected to the scrutiny of constitutionality.Ultimately, the Court has considerably contributed to a dynamic adjustment of the status of the rights and duties of foreigners, also with declarations of unconstitutionality aimed at ensuring effective recognition of human rights, enshrined in the Constitution and in supranational and international law, which must be applied regardless of the possession of the status civitatis or regularity of the stay.As for constitutional right of asylum, the reference provision is Article 10, paragraph 3 of the Constitution.The punctum crucis of the reflection on constitutional asylum is represented by the relationship of this institution with those of international protection(refugee status and subsidiary protection) governed by the internal legislation transposing the European directives forming part of the so-called "Common European Asylum System" as well as of the residual form of so- called "humanitarian" internal protection, contemplated in the Italian system until its recent repeal.An attempt was made to answer two questions: can the constitutional right of asylum be considered as "absorbed" by the tools of protection indicated above and, therefore, implemented in our legal system?What role has the Constitutional Court played in defining the legal nature of this institution and the rights associated with it, in the absence of a provision implementing the rule of law/statutory reservation provided by the aforementioned constitutional provision?The work concludes, therefore, with the hope of a more meaningful intervention by the Court, that may sanction the absence of a constitutionally prescribed discipline, in order to restore the autonomous right of the individual to constitutional asylum
Di, Ciommo Laurora Costanza. "L’asilo politico nelle relazioni franco-italiane : i signori nessuno e l’impossibile status dell’opposizione italiana all’estero (1920-1986)." Thesis, Paris, Institut d'études politiques, 2014. http://www.theses.fr/2014IEPP0024/document.
Full textThis thesis analyses how Italy and France dealt with handling and controlling Italian opposition in France. Chosen time interval elapses from 1920 to 1986. During these years two political opponents’ migratory waves were monitored by the two nations: anti fascist emigration and several revolutionary left wing former militants of the Seventies emigration. The thesis analysis by a long period perspective how French and Italian institutions confronted with such a phenomenon, particularly considering the issue of juridical status conferred to Italian opponents abroad. During analysed period Italy and France operated in a precise diplomatic context characterised by the multiplication of bilateral and multilateral interrelations that progressively became more and more crucial with regards to the states’ management of political emigration. Carried out analysis will underline continuity and breaches of this relation. Thesis first part analyses Italian Reign period from 1870 to end of Second World War. Introduction will mark the origin of asylum key principles that precedes chosen historical period but is fundamental to analyse the juridical frame of France and Italy future steps. First and Second Chapter focus on years between 1920 and 1940, with particular attention to political emigration handling by a bilateral (Chap. 1) and by a multilateral perspective (Chap. 2). Thesis Second part focuses on Republican Italy. The Introduction retraces juridical frame partial changes and focuses on asylum debate in the Italian Constituent. Analysis of political emigration handling will be carried out both from a bilateral (Chap. 3) and multilateral perspective (Chap. 4)
Franke, Gerhard. "Das Kirchenasyl im Kontext sakraler Zufluchtnahmen der Antike : historische Erscheinungsformen und theologische Implikationen in patristischer Zeit /." Frankfurt am Main : P. Lang, 2003. http://catalogue.bnf.fr/ark:/12148/cb39116309c.
Full textCrépeau, François. "La condition du demandeur d'asile en droit comparé : droit international, droit français, droit canadien et quebecois." Paris 1, 1990. http://www.theses.fr/1990PA010280.
Full textThe recent increase in the number of asylum-seekers in industrialized states has given headaches to public administrations. The overburdening of refugee status determination systems has given rise to restrictive pratices approved by a badly informed public opinion. These practices are studied in view of defining the principles that should guide polices in the field. In the introduction, the present situation of asylum-seekers is described and followed by a presentation of the French and Canadian efforts towards refugees. In the first part, a short history of asylum and of the contemporary concept of refugee allows to apprehend the elements of a definition of asylum. In the second part, the rules of entry and sojourn of the asylum-seeker in the country of asylum are described and compared. In the third part, the social condition of the asylum-seeker is studied in both countries, as well as the protective rules of the refugee status determination system. In the conclusion, the principles defines are synthetized, developped and gathered under the umbrella of the protection of the human dignity
Le, Breton Samper Gwenhaël. "Arbitrage et droit européen." Paris 10, 2011. http://www.theses.fr/2011PA100207.
Full textEuropean law is not designed to regulate arbitration. It is the role of domestic laws to regulate dispute resolutions. As a consequence, arbitration and European law keep a certain distance. However, the meeting between arbitration and European law is possible. Sometimes it is harmonious, sometimes it is conflicting. Above all, the lack of regulation of European arbitration does not hinder the European law from borrowing from arbitration. To be more precise, European law borrows from arbitration as a mechanism and as a notion. These borrowings show the appropriation of arbitration, not to say the distortion of its traditional conception to meet the needs of the European construction
Garcia, Kiteri. "Le droit civil européen." Limoges, 2006. https://aurore.unilim.fr/theses/nxfile/default/d7078ada-2667-4830-b5cc-5df6d8e7be32/blobholder:0/2006LIMO0517.pdf.
Full textThe conceptualization attempt of the European civil law begins with a prime objective: to prove the existence of this right. If the European civil standards are known, it’s still necessary to determine from when a whole of rules forms a right. In addition, the essential element so that the European right can be allowed with the row of the sources of civil standards resides in the creation of rules. However, the European civil provisions come from preexistent influences and loans of rules in other orders, nationals and international. Like straight created on a European scale, the European civil law will have to make a success of the bet to exist through two European schedulings: ropean Union and the Council of Europe. It results from this bipolarity a system of singular civil law, far from the traditional unit system. The second aim of the study tends to reveal the substance of the European civil law. The explosion of the basic rights made necessary he emergence of a civil law European. It results from it a new civil law, which is built around a centre of gravity to fundamental value. The uropean civil law being presented in the form of an individualistic right, the spirit of the basic rights makes it possible to preserve a right b balance between individual interest and general interest. In that, the basic rights constitute a pledge of balance for the European civil law. Oreover, they translate an idea of flexibility and diversity essential to the recognition and the extension of this new righteuropean civil law
Darley, Aurélie Mathilde. "Frontière, asile et détention des étrangers : le contrôle étatique de l'immigration et son contournement en Autriche et en République tchèque." Paris, Institut d'études politiques, 2008. http://www.theses.fr/2008IEPP0017.
Full textMigration control here is analyzed not only through the study of public policy tools and their discursive presentation but more particularly through observing control practices within places directly dedicated to the control and selection of foreigners on the national territory. The field research conducted in aliens’ confinement centres (administrative detention centres and closed reception centres for asylum seekers in the transit zone of international airports) as well as in frontier posts in Austria and in the Czech Republic have allowed to observe how migration control is exercized. Understood as spaces of interaction between (State or non-state) agents of control and their target groups, these places also constitute a privileged field for observing forms of reception, circumvention or even reappropriation of control by controlled migrants. Putting into perspective the Austrian and the Czech cases between 2004 and 2007, as they were still separated by a Schengen border, reveals the permanence or, on the contrary, the transformations of certain forms of control and brings to light trends that seem to be part of a system at European level. The obviousness of confinement in contemporary security policies and the interpenetration it allows between “humanitarian” and “securitarian” logics makes it both to a tool of migration control policies and to a factor of their redefinition
Milingo, Ellong Jean Joss. "Le civisme contractuel : étude de droit comparé. Droit OHADA et droit européen." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010265.
Full textThe "contract" is just because both parties wanted it. This idea has long prevailed in contract law and is still very present. With the observed economic, social, environmental and technological transformations, it is blunted in favour of a protective interventionism, the will no longer being to ensure exclusively the protection of the contractual interests. Today, voluntarism and protectionism are not enough to ensure the safety of all contractual interests. It is therefore necessary to think otherwise of a contract. According to Dean Carbonnier, «on/y the contractual citizenship (contract compliance ta public order and morality) represents an absolutely general validity requirement, the minimum social conformity required of al! contractors». The idea of citizenship, consubstantial with the notion of contract, reveals itself gradually on the matter, under national law, as in the state groupings such as the European law and OHADA. Though implicit, contractual citizenship is stated in the sources of these legal systems and its heterogeneous content is identifiable and recognizable. Moreover, the contractual citizenship authority to apply to all contracts of private law; to all contractual phases, even though it would be more evident during the execution of the contract. It binds the contracting parties and interpreters such the judge and arbitrator, and contribute" not only to help increasing their powers, but also to the security and reassurance of contractual relationship. Thus, the contractual citizenship could not be limited, as foreseen by the illustrious sire Dean Carbonnier, to an extrinsic condition of validity of the contract relating to the content. It is about a general principle of contract law, complementary to the existing principles like liberalism and contractual solidarity, and whose necessary textual dedication can be relativized. The violation of rights and obligations which conveys the contractual citizenship is sanctioned according to whether the interest in question is general or private, the idea being to maintain the contract so long as its execution remains possible, or to accelerate its disappearance when established that its maintenance likely infringe or affect the contractual persons involved
Kerdreux, Anne Louise. "L'outre-mer au regard du droit européen et du droit international : evolutions statutaires influencées par le droit européen et le droit international." Thesis, Antilles-Guyane, 2014. http://www.theses.fr/2014AGUY0812.
Full textThe Overseas regions, countries and territories present various statuses inherited mainly from the major European Powers which placed them in a relationship of a common interest not only with their mother countries but also with the European Union (EU).However, these territories have continuously re-built between them historical and cultural links, and weaved relationship within the entire Overseas to appear as a constituted whole while negotiating with the EU.The outermost regions (OR) apply Community Law while the Overseas Countries and territories (OCT) situated outside the territory of the Community, have Association Arrangements with the EU.Denmark, France, Netherlands, Portugal, Spain and United Kingdom have proceeded to necessary constitutional reforms to allow numerous articles amendments in respect of right to self-determination of peoples.At the light of statutory amendments and of a continuous economic and social development, the Outermost regions (OR) and the Overseas Countries and Territories (OCT), now wish to assert their rights and to defend their interests at European and International level.Globalisation of policies encourages OR and OCT to gather within International bodies. The rule of law of the related countries opens them to well-structured legal systems and to European values. The outermost geopolitical localisation makes them to have access to international relations.The purpose of this thesis is to demonstrate the interdependence between these different legal systems and the impact of European and International Law on the statutory amendments of the Overseas towards more autonomy, but also liabilities and involvement on their own development by using their regional environment, inter-regional and transnational cooperation and taking part at the works of international organisations
Bouteillet-Paquet, Daphné. "L'Europe et le droit d'asile : la politique d'asile européenne et ses conséquences sur les pays d'Europe centrale /." Paris ; Montréal (Québec) ; Budapest [etc.] : l'Harmattan, 2001. http://catalogue.bnf.fr/ark:/12148/cb37224614d.
Full textBentirou, Mathlouthi Rahma. "Le droit à un environnement sain en droit européen." Thesis, Université Grenoble Alpes (ComUE), 2018. http://www.theses.fr/2018GREAD001/document.
Full textThe subject of this study focuses exclusively on the right to a healthy environment in European law as it is defined by the two major European legal systems which constitute this right: Council of Europe and European Union. It seems fundamental to understand how these two complementary but also competing legal orders can be seized in a similar way or, on the contrary, significantly different from the great challenge of the right to a healthy environment. The choice to study the right to an environment in a European context is justified by the special approach offered by European law as a field of analysis. Indeed, the two organizations and their respective legal orders, the European Union and the Council of Europe, are two systems that work differently, which are driven by singular objectives but which do not exclude certain reconciliations. Thus the right to a healthy environment in Europe is most often apprehended from two different approaches. On the one hand, the "droit de l’hommiste" angle, very much favored by the Council of Europe, which claims its pioneering role in the protection of human rights, democracy and the rule of law . On the other hand, the European Union, first conceived as an Economic Union and an organization that remains fundamentally driven by economic objectives. Of course, the EU also defends and protects human rights. But the healthy environment or the high level of environmental protection that is its corollary is more frequently confronted with fundamental freedoms guaranteed by the EU, in particular freedom of movement within the framework of the internal market. This balance between the human right approach and the internal market approach is very specific to EU law. European law will be studied in a systemic approach: process of norm production. This specificity of European law to the healthy environment and its dynamics deserve to be apprehended both from the point of view of the recognition of right and its implementation, which we will see that it is animated by springs specific to each of organizations, but which are not necessarily exclusive of each other
Moïse, Raluca. "L'abus de droit en droit communautaire." Toulouse 1, 2009. http://www.theses.fr/2009TOU10003.
Full textThe development of European integration has highlighted a diversity of cases of abusive or fraudulent use of EC law. Individuals invoke freedoms of circulation to avoid national legislation and to make possible the application of another one, more favourable to their interest. In addition, in the harmonized fields, there is the temptation to unduly profit from the advantages drawn from EC law by a formal fulfillment of the conditions prescribed by it. Confronted with this new phenomenon, the European Court of Justice had to react by researching the most adequate legal means to fight against abusive behaviors. Starting as a simple criterion to determinate the field of application of EC law, the prohibition of abuse of rights was set up as an imperative reason of general interest. Finally, according to recent case law, the acquisition of the statute of general principle is considered undisputable. The prohibition of abuse of rights will always imply, both for the European Court of Justice and for the national judge, the need to appreciate the proportionality of the rights exerted to the objectives for which they were granted and to the rights of third parties. The prohibition of abuse of rights makes it possible to ensure the coherence of the EC legal system and to guarantee a correct operation of the internal market
La evolución de la integración comunitaria ha puesto de relieve una variedad de casos de utilización abusiva o fraudulenta del Derecho comunitario. Los particulares invocan las libertades de circulación para eludir una legislación nacional y para hacer aplicable otra ley que sería más favorable a sus intereses. Por otra parte, en los ámbitos harmonizados, ha surgido la tentación de disfrutarse indebidamente, aunque cumpliendo formalmente las condiciones legales, de las ventajas ofrecidas por el Derecho comunitario. Enfrentado a este nuevo fenómeno, el Tribunal de Justicia de las Comunidades Europeas ha buscado los instrumentos más adecuados de lucha contra los comportamientos abusivos. De un simple criterio de determinación del ámbito de aplicación del Derecho comunitario, la prohibición del abuso de derecho ha sido convertida en una razón imperativa de interés general. Finalmente, en la jurisprudencia más reciente, la adquisición del estatuto de principio general del Derecho comunitario no puede ser contestada. La prohibición del abuso de derecho supondrá siempre, tanto para el Tribunal de Justicia como para el juez nacional, la apreciación de la proporcionalidad de los derechos ejercitados en relación a los objetivos para que han sido otorgados y a los derechos de los terceros. La prohibición del abuso de derecho permite garantizar la coherencia del sistema jurídico comunitario y el funcionamiento correcto del mercado interior
Suret, Bensussan Virginie. "Secret professionnel et droit européen." Paris 1, 2000. http://www.theses.fr/2000PA010282.
Full textBonnet, Sylvie. "Principes généraux de droit communautaire applicables au droit pénal." Lyon 3, 1995. http://www.theses.fr/1995LYO33011.
Full textThis thesis intents to study the general principles of community law which apply to criminal law, and then, through this work, to discover which is the influence of community law on the criminal law of state members. In the first part, which treats of material criminal law, are recalled the general principles which influence the forbidding criminal rules and the penalty criminal rules. The principle of direct applicability and the principle of primacy are examined, the principle of criminal legality with the non-retroactivity, and problems set by the penalties applicable for protecting community law, the principle of non-discrimination and the principe of proportionality with penalties. In the second part, which studies the procedure criminal law are stated the general principles playing a part in the rights of the defense and in the judicial protection. It also includes the principle of the contradictory, the rights of prosecuted party, the principe of confidentiality, the principe by which no one is contrained to testify again oneself. And, we eventually find the principle of equality of person with the access of justice and in the prosecuting acts. That is to say that all people has a judicial action, and that the community law holds the criminal law in state
Poillot, Élise. "Droit européen de la consommation et uniformisation du droit des contrats." Reims, 2004. http://www.theses.fr/2004REIMD004.
Full textThe relations between Consumer Law and Contract Law have already been scrutinised in France. This statement does not apply to the relations between European Consumer Law and the Law of Contract. This certainly results from the fact that the implementation of the European directives relating to consumer protection should not concern Contract Law but Consumer Law. Now that the realisation of a European Contract Law is ever more discussed, the links between European Consumer Law and the Law of Contract have to be studied. They will demonstrate that the influence on Contract Law of the European directives relating to consumer protection allowed European Law to enter Contract Law. This has led to the emergence of a uniform Contract Law at a national level but this could also occur at a European level, as showed by the study of the various projects concerning a European Contract Law. This is what this dissertation aims to demonstrate. In order to make the demonstration more accurate, we have chosen not only to refer to EC and French Law, but also to pay attention to English, German and Italian Laws in a comparative and selective way
Stoyanovitch-Salti, Yadhira. "La protection juridique des biotechnologies en Droit international, Droit communautaire et Droit comparé." Nice, 1989. http://www.theses.fr/1989NICE0001.
Full textMasson, Bénédicte. "Le mineur étranger en droit français et en droit européen." Paris 11, 2006. http://www.theses.fr/2006PA111011.
Full textMele, Patrick. "Le droit de propriété en droit communautaire." Paris 10, 2006. http://www.theses.fr/2006PA100107.
Full textIn European community law, the right to property is examined mainly, it not exclusively, within the framework of an economic activity. The neutrality affirmed by article 295 implies a public appropriation of the means of production. In respecting this choice of economic policy, European community law tries to model the liberal principles that govern and legitimize private property as the foundation of a market economy (liberty, responsibility, efficiency) on public property in order to insure equality of treatment between the actors and an efficient functioning of the market. Although the European community legal order pronounces itself on fundamental rights, and recognizes the right to property as a fundamental right, this does not alter the economic perception of this right. Although the influence of the European Court of Human Rights as well as constitutional traditions determines the communitarian conception of property, despite this influence, the communautarian conception of property is rather original. Community law retains an economic definition of property and models a confusing and rather loose legal protection regime. This weakness is incidentally compensated by the indirect protection offered by economic freedoms: essential for the exercise of these freedoms, the right to property sees its national regimes reshaped in a direction that is favourable to property owners in order to ensure free movement of the means of production
Theler, Johannes. "Asyl in der Schweiz : eine rechtshistorische und kirchenrechtliche Studie /." Freiburg (Schweiz) : Universitätsverl, 1995. http://catalogue.bnf.fr/ark:/12148/cb38996720w.
Full textHaguenau-Moizard, Catherine. "L'application effective du droit communautaire en droit interne : analyse comparative des problèmes rencontrés en droit français, anglais et allemand." Paris 2, 1994. http://www.theses.fr/1994PA020005.
Full textThe effective application of community law in the internal laws of the member states is determined mostly by the conditions of its reception and its sanction by the national laws. The community judges, followed by the french, english and german judges have set out and applied the principles of supremacy and direct effect, which are necessary to the reception of community law in the internal legal orders. Now that the french conseil d'etat and the highest german financial court are no longer reluctant to the introduction of community law into the legal systems, community law is, on the whole, received in the member states studied. On the other hand, the community rules about the national power of sanction are constantly changing. Minimal rules have been set out by the european court of justice, which used to rely only on the general principles of law. These rules are being reinforced by the court and by the council as well. All these decisions are meant to ensure that the violations of community law are santionned in a uniform way throughout the community. They also help to strenghen the protection of individual rights
Vevstad, Vigdis. "Les réfugiés et le principe de premier pays d'asile." Université Robert Schuman (Strasbourg) (1971-2008), 1995. http://www.theses.fr/1995STR30019.
Full textThe aim of this thesis is the study of the notion of refugee, the institution of asylum and the principle of first country of asylum with a view to proposing the establishment of a new instrument of international law. The introduction, which includes an historical overview, is followed by a preliminary chapter on relevant sources. In the first part dealing with the concept of refugee, chapter one treats the conventional notion, whereas chapter two reviews the efforts to widen the notion by means of regional instruments as well as by the un "good offices" procedure. The proposed definition of "de facto" refugee is based on developments since the adoption of the geneva convention. The second part deals with asylum and the principle of first country of asylum. Following an analysis of the classical notion of asylum, chapter one raises the question whether institutionalizing temporary asylum as a basic principle might be appropriate in order to achieve international codification of asylum. The proposal offered is based on this presumption. Chapter two analyzes the principle of first country of asylum as a means of determining which state is responsible for examining an asylum application, its content - including its limitation in terms of the principle of non-refoulement - and the instruments adopted by the member states of the european union. The proposal offered is compelled by the need for a broader regional harmonization of the principle and enhanced burdensharing in a spirit of international solidarity. The need to guarantee the protection of refugees is equally emphasized. The principles of the new international instrument are contained in the concluding section
Hamamdjian, Emmanuelle. "Le systeme de repartition des competences entre la communaute europeenne et les etats membres : contribution a la theorie des sources du droit." Paris 1, 2000. http://www.theses.fr/2000PA010258.
Full textTraulsen, Christian. "Das sakrale Asyl in der Alten Welt : zur Schutzfunktion des Heiligen von König Salomo bis zum Codex Theodosianus /." Tübingen : Mohr Siebeck, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/371116805.pdf.
Full textAblard, Thierry. "Le droit d'asile en Allemagne, en France et au Royaume-uni : étude comparative." Paris 1, 1997. http://www.theses.fr/1997PA010299.
Full textThe right of asylum is subject to many restrictions since the beginning of the eighties, period which coincides with the appearance of the economic crisis and the closing of the borders of most western countries, including Germany, France and the United-Kingdom. Nevertheless, these restrictions, which are important, are not unprecedented. A careful historical study of the asylum practice in the three states shows that this "institution" knew in the past many periods of regression. Indeed, the right of asylum has always been held to be a prerogative of states and not a right of the individual. In this connection, the asylum tradition, liberal and generous, claimed by France since a long time, is more a political myth than a juridical and historical reality. Comparison with Germany and the United-Kingdom proves it. However that may be, actual restrictions in the field of asylum exist in the three states and take the same shape : visa requirement imposed to nationals of countries which "produce" the greatest number of asylum-seekers ; financial sanctions imposed to carriers which transport aliens without proper entry documents ; extensive use of the "safe third countries" and "safe countries of origin" criteria ; fast-track procedures used in the "without foundation" cases ; limitation of appeals possibilities and simplification of deportation procedures of rejected asylum-seekers. Finally, it appears that protection mechanism of refugees laid down by the 1951 geneva convention relating to the status of refugees is henceforth maladjusted. A new definition of persecution and refugee is needful ; a definition taking account, among other things, of the persecutions emanating from private groups and not only those from official authorities of the state
Razé, Laetitia. "L'âge en droit social : étude en droit européen, français et allemand." Thesis, Rennes 1, 2013. http://www.theses.fr/2013REN1G025/document.
Full textDealing with longer life expectancy and demographic deficit is currently a huge challenge for the social system of European member states. To face this challenge, it is necessary for legislators to develop a dedicated protection policy for the young people in a business relationship context and, at the same time, to redefine age limits policy especially in business relationship termination situation.. The presented study focuses on the factuality of the « age » concept. Based on cultural history, confirmed by the legislator analysis of the physiological aging, « age » criterion is closely linked to general principles in E.U. legislation like, for example, the human dignity and the equal treatment. However, the « age » criterion still remains ambivalent which is underlined by the non-discrimination principle. This ambiguity is emphasized in business relationships which leads to the influence of the « age » in an ending working life situation. This intergenerational pact support, which influence the proceed of the pension liquidation, is currently experiencing a revival beyond E.U. member state boundaries. A converging point is achieved in old-age treatment which leads to new solidarity development schemes inside companies (like for example the company occupational scheme). An important objective is to promote the pursuance of a professional activity in order to retire later (increasing in the statutory retirement age, increment or reduce of the retirement pension, restriction of derogations, proscription of business relationship breaches if they are based on age, …) and to redefine the connection between age and business relationships (combined work and retirement, phased retirement, …). By this way, legislators promote a human longevity based age treatment in Europe
Sirinelli, Jean. "Les transformations du droit administratif par le droit communautaire : une contribution à l'étude du droit administratif européen." Paris 2, 2009. http://www.theses.fr/2009PA020073.
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