Dissertations / Theses on the topic 'Droit des finances publiques'
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Ngono, Emmanuel. "Les finances publiques du Congo." Paris 1, 1989. http://www.theses.fr/1989PA010277.
Full textAs in the majority of develiping countries, the financial system of the congo still bears the mark of the colonial administration. The present study proposes to examine this system. Emphasis has been placed on the structural organization, on the management of state funds and on the control exercised over national and local finances. Besides the need to adapt the structures to modern economic trends the low level of national resources and local saving is to be noted. This forces the state to resort to external borrowing, thus causing a very high level of debt. At the level of the local communities, the poor level of their own finances results in a heavy dependency on the central administration, which is expressed in terms of treasury grants, transfers and advances. Resources are essentially devoted to running costs, to the detriment of investment. Controle of public finances poses problems both from the point of view of organization and of efficiency
Thébault, Stéphane. "L'ordonnateur en droit public financier /." Paris : LGDJ, 2007. http://catalogue.bnf.fr/ark:/12148/cb41164819m.
Full textDelivré, Cendrine. "Finances publiques et protection du patrimoine culturel." Lyon 3, 2004. http://www.theses.fr/2004LYO33043.
Full textThis thesis intends to study the relations between public finance, understood widely as tax rules and financing, and protection of cultural heritage defined as the group of goods proving cultural interest and revealing social worthy to inheritance purpose. Protection of cultural heritage takes place in the French law by means of numerous juridical instruments, more particularly financial and fiscal ones. The diversification of financial and fiscal instruments related to the protection of cultural heritage has been improving since the end of the old regime. These variegate tools need a well-ordered description. Afterwards, an analysis of the public finance action in favour of the protection of cultural heritage was undertaken in order to elucidate the recent objective-oriented financial and fiscal mechanisms
Goguel-Mazet, Émilien. "Recherche sur la transparence en droit des finances publiques." Electronic Thesis or Diss., Aix-Marseille, 2021. http://www.theses.fr/2021AIXM0559.
Full textTransparency is a growing concern in today's society. This development of the theme can be seen in all areas of the law. In the field of public finances, many authors have referred to transparency as a democratic requirement that would respond to the concern to ensure respect for the consent to taxation, a cornerstone of the development of budgetary law and of the growth of parliamentarianism. Although the centrality of transparency in public finances is widely acknowledged, few works have dealt with the relationship between this notion and the subject. This monograph therefore proposes to study the principled nature of transparency for public finances. It thus endeavours, in accordance with a conceptual method, to analyse the primary character of transparency in public finances. This means, on the one hand, assessing the constitutive character of transparency, i.e. its capacity to establish and structure public finances. It also means analysing its instituted character for public finances, finding the foundations of its emergence and development in the purposes pursued by this subject: the exercise of budgetary power. The transparency of public finances will thus be approached as an object of knowledge at the heart of the devolution and distribution of budgetary power, which bestows on this subject its dynamism and its evolutionary character to this subject
Oukdim, Bassou. "Le contrôle des finances publiques au Maroc." Caen, 1990. http://www.theses.fr/1990CAEN0017.
Full textGuillaume, Marie Joseph Alain. "Le contrôle de l'exécution des dépenses publiques en droit haïtien." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32066.
Full textOften coarse irregularities have been a constant in public monies management in Haiti for nearly two centuries. Despite the adoption of many normative texts, comparable to those of the most advanced States, the control mechanisms of public expenditures execution still lacks adequacy. In 2005 a new Legislation replaced the one of 1985, to rationalize public finance management. However, public monies assessment methods did not actually evolve. An opposition is thus noted between legal regulations and administrative and financial practices, notably through derogatory procedures of public expenditure execution. Beside the normative insufficiencies explaining the situation, the question of the texts’ adaptation to the country’s social and political context arises. While analyzing the causes of this situation, we formulate proposals capable of contributing to a better control of public expenditure execution in Haiti
Blondio, Mondoloni Virginie. "Finances publiques et droits fondamentaux : essai sur les relations entre les finances publiques et les droits fondamentaux." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1098/document.
Full textSubject of an apparent antilogy wich, due to the present Financial and economic crisisproves his immanence. The major interrogation turned to way how is realized from the point of vew of fundamental rights this double exigency due to the fact that this rights instigate the intervention of the administration of a country. The fundamental rights effectiveness requires a public financing holding legitimacy of their Framework through fundamental rights. The european crisis and the respect of Financial rules do damage tothis balance of relation because the lack of public financing has "ipso facto" an impact concerning the fundamental rights protection, and incorporated in every possible way according to jurisdiction
Kote, Lamine. "Les instruments juridiques de la programmation pluriannuelle des finances publiques : l'avènement d'un nouveau temps financier." Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10063.
Full textIn a context dominated by the need to reduce public deficits and return to balance, public action supported by public finances is part of a long-term perspective. Obviously, the most structural reforms are carried out in a certain period. Reduction targets of public expenditure and the balance of public accounts need a multiannual framework for the effective management of public finances. The budget guidelines are now part of a multiannual programming logic, especially with the multiannual programming of public finance laws under Article 34 of the Constitution. The establishment of such instruments coincides with the advent of new financial time. It promotes the registration rules of drafting the budget decision within a longer time frame (part I) and its implementation (part II). The study of legal instruments of the multiannual programming showed their former existence in national budgetary systems before their consecration in the EU budgetary law. The question of their legal scope we have addressed in this study remains intact. It’s important to equip them with a legal binding force in order to give more meaning to the objective of public finance consolidation
Da, Costa Stéphanie. "La rémunération des fonctionnaires : contribution à l'étude du droit des rémunérations publiques en France." Lyon 3, 2007. https://scd-resnum.univ-lyon3.fr/in/theses/2007_in_da-costa_s.pdf.
Full textCivil' servants remuneration is an issue which has always been topic to political and economic discussions. One could get the impression, if this topic is of any interest of economists, it catches also jurists' curiosity. Firstly, given the size of personnel spending on the public budget and the national debt, influence on financial law can't be underestimated. In fact, it's the mix of financial law and civil servant law which forms public remuneration law. Secondly, because of the requirements of transparency and of the multiplication of the criticism levelled against civil servants' secondary remuneration, the remuneration system's virtues and the breaches of duty have to be explained in order to emphasize the traditional management's repercussions and the modern management's limits. Lastly, because of the expansion of new public management and so of the culture of result, this analysis demonstrates that civil servants' status was adapted in order to make performance related pay become effective. In short, if for the moment, civil servants' remuneration system respects legal specificities, the progressive introduction of public management may transform civil servants' law on public work law
Charpentier, Jérôme. "Le recours à l’expertise en finances publiques." Thesis, Université de Lorraine, 2016. http://www.theses.fr/2016LORR0157.
Full textSometimes seen as a unusual tool in the legal field, expertise in public finance is only used in some specific situations. It refers to the skills of someone who has been requested by a legally competent authority to make a financial decision. The expert's own specific knowledge takes the form of an assessment which aims at bringing forward all the elements necessary for informed decision making. The Government is thus able to draw on this expertise in order to anticipate and adapt to the financial risk. By becoming even more tangible since the financial crisis and the eurozone's debt, the latter threatens these sovereign authorities not only because their own funding depends on the external environment, but also owing to the constraints induced by the fact that they are tied to their eurozone membership. The use of expertise can therefore be seen as a effective way for the State to ward off and prevent risks as it can adjust its action according to the expert's recommendations. Whatever form it takes, the financial risk is the operative event and the main focus justifying the use of expertise. The resort to an expert and the form this service takes subsequently depends on one's perception of the risk. Based on two contemporary definitions of the financial risk, i.e. sustainability and transparency of public finances, the expertise is not a single marginal element, but rather a real structural movement that informs and guides the financial decision. It will prove particularly adaptative, varying its many levels of action and the techniques employed. The use of expertise, and the follow-up that it ensures, is not without consequences on the structure of the institution itself. Having become essential to the institutional balance, the expertise even more deeply influences the institutional structure by becoming a real normative technique with a properly measured impact
Bayor, Baba Bodjoguetty. "Fiscalité et développement au Togo." Nice, 1990. http://www.theses.fr/1990NICE0001.
Full textAkhoune, Farhana. "Le statut du comptable en droit public financier /." Paris : LGDJ-Lextenso éd, 2008. http://catalogue.bnf.fr/ark:/12148/cb414005418.
Full textPagnou, Dadama Sasso. "La gestion des finances publiques au Togo : un système à rénover." Lyon 3, 2010. https://scd-resnum.univ-lyon3.fr/in/theses/2010_in_pagnou_d.pdf.
Full textThe interpretation of different social and economic indicators suggests a failure of public policy. This failure and recent developments in international aid of development is necessary for a review of public expenditure management. This reflects the fact that public spending are the means by which public policies are implemented and that substantial public funds come from the aid. In this context, this study is directed towards finding measures to make fiscal management, therefore the implementation of public policies, a mean for development. To achieve this goal, the study is conducted on two principles universally known as those of a good system of public finance management: the principle of transparency and the principle of proper use of public funds. However, the transversal nature of public finances necessarily leads to deal with the management domain which implies the respect of these two principles. Thus, this study goes beyond real financial matters to deal with the operation of institutions and public administration, and ultimately proposes the modernization of the State of Togo
Pellet, Rémi. "Recherche sur la notion de finances sociales : l'intervention du droit financier public dans le régime général de sécurité sociale." Montpellier 1, 1991. http://www.theses.fr/1991MON10010.
Full textThe principles of public financial law which determine the management of the largest treasury, after the state, have seldom been the subject of study at university level. Nonetheless, an examination of these principles shows an increased publicisation of the financial statute of this institution which, paradoxically, increases its autonomy with regard to the state, in its application of a true policy of speculation of social finances. In order to understand this phenomenon, it would appear necessary to propose the notion of a social treasury. An examination of the institutions which make up this "social treasury" reveal the following three trends : firstly, an increase in their competence in financial matters. Secondly, a relative diminution in their ability to enforce payment. Finally a movement towards the decentralisation of internal budgets, requiring increased a posteriori administrative controls. The proposed notion of social finances should allow the comprehension of these complex evolutions
Debray, Aurélien. "La compétence financière publique : le droit entre dèmos et tekhnè." Thesis, Nantes, 2019. http://www.theses.fr/2019NANT3023.
Full textPolysemics, the public financial competence brings up two elements which do not cease to oppose. A democratic element and a technical element. The democratic element is inevitable to the extent that public financial competence is fueled by the contributions of all. The technical element is also unavoidable insofar as the handling of public funds requires a certain know-how, which is recognized only by a few. It is sometimes a fight that will lead these two notions. Two vectors will lead to the realization of this fight: institutions and procedures. We are going to see the emergence of institutions with a democratic vocation or who will act to ensure the proper use of public funds, "in the name of the people". Similarly, procedures will be considered to implement expenditures in a transparent manner. But there will also be more technically oriented institutions, such as boards, commissions and other agencies. The procedures aimed at increasing the performance of public spending are also an illustration of this fight, which sees the public financial competence being drawn, sometimes on the democratic side, sometimes on the side of technical
Abdul, Wahab Ismail Samar. "Droit budgetaire et comptabilite publique en iraq : element comparatif avec la france )." Caen, 1992. http://www.theses.fr/1992CAEN0026.
Full textLyke any sovereign state, iraq needs a budget in order to function and carry on its activities. The notion of budget is thus in the heart of the analysis. The budget, having expenditure and receipts, is elaborated, carried out and controlled according to a certain number of principal which, parallel to their universal characters, present certain originality linked to the very nature of the country and its political regime. Thus, unlike most countries including france whose budget is largely fiscal, the iraq budget is largely based on oil receipts ; tax almost appeaurs as a marginal resource. The carrying out of the budget is achieved beyond a clear specialization of the agents. The rule concerning the separation of the production managers and the accountants is not acknoxledged by the texts, the 1940 law of which is the mainspring. At last, if iraq has system of both internal and external control (in the traditional meaning of these concepts), the juridiction control of public accounts, on the other hand, remains unknown to the iraqi financial law
Fromont, Simon. "Le Droit des marchés publics à l'épreuve du droit public financier." Lille 2, 2001. http://www.theses.fr/2001LIL20034.
Full textGarnier, Florent Rigaudière Albert. "Un consulat et ses finances, Millau, 1187-1461 /." Paris : Comité pour l'histoire économique et financière de la France, 2006. http://catalogue.bnf.fr/ark:/12148/cb409673076.
Full textGilles, William. "Les transformations du principe de l'unité budgétaire dans le système financier public contemporain." Paris 1, 2005. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D7982%26nu%3D20%26selfsize%3D1.
Full textQuint, Alexis. "L'autorisation des dépenses de l'Etat : une procédure de contrôle parlementaire." Lille 2, 2005. http://www.theses.fr/2005LIL20030.
Full textThe approval of the budget does not belong to the legislative function of the Parliament but is rather set up through a scheme of control of the State's spending. Before the LOLF, the Parliament was facing difficulties in exercising this control. The new scheme, a true revolution of the budgetary logics, will induce the PArliament to go back to the origins of taxes approval. The parliamentary control is now organized within a yearly budgetary cycle, the vote of the initial appropriation bill being the beginning and the end of this cycle. Even if the parliamentary control is based on a renewed presentation of the spending and the evaluation of its efficiency, it is not a control of the reliability of the estimates, neither a control of the administrative management of the spending, but rather a control, with the public interest in mind, of the public funds. Only such a reading will allow a useful implementation of the right of amendment and the responsibility towards the PArliament of the public credit managers
Lombard, Ludovic. "La fiscalité des biens des personnes publiques." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10038.
Full textPublic properties and taxes are in an ambivalent relationship. Usually considered as a way for public entity to finance its budgetary expenses, especially as regards to its properties, paradoxically, taxes are a financial burden for them. This situation is based on an equal treatment, which is a part of fiscal neutrality, between public and private taxpayers. Neutrality can mean achievement of tax assimilation according to a functional criterion between public and private properties. One of the major challenges when it comes to identifying an objective of fiscal neutrality is the different fiscal writing. However, it is being accomplished when public entities suffer taxes, especially for the exploitation of their own property. Competition law affects the situation. Though, when public entities use private means to moderate the impact of taxes, by property management and by fiscal management, it is almost impossible to reach the goal. Public entities are restricted by a specific legal framework. They cannot act as private entities because of their specificity. Therefore, justifying a legal regime which derogates from the general one, public interest has a huge impact on public management
Kim, Ji Young. "La réforme des finances publiques en France et en Corée." Paris 1, 2012. http://www.theses.fr/2012PA010259.
Full textBelattar, Zineddine. "Les normes comptables de l'État et leurs impacts sur le droit et les pratiques budgétaires." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0077.
Full textThe perpetual evolution of public accounts in France, particularly with the integration of accounting rules inspired by private law, could hardly be an isolated act. On the contrary, it is part of a universal approach driven by a common desire to make the financial statements of states and nations a real means of helping decision-making. State accounting standards, which are inspired by the private model, have become part of the French accounting landscape and are gaining more and more place by pushing back an accounting model that has not undergone major changes since its establishment. Public financial law is thus enriched in accounting matters by new provisions since the advent of the LOLF in 2001. From now on, it is expressly stipulated that the accounts of the state must be regular, sincere and give a faithful image of its heritage and its financial situation. A provision enshrined in the constitutional review of July 23, 2008. Therefore, this is not without consequences on the law and budgetary practices in their broadest sense
Moysan, Émilie. "Les compétences financières locales dans le système juridique français." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010294.
Full textNo English summary available
Bunod, Mayana. "La réforme des administrations financières publiques au XXIème siècle." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D076.
Full textFinancial administrations are crucial in the implementation of public policies, and all the more under the present circumstances which lead to decrease public expenses. They are also an important factor in the modernization of the State. The finance laws, voted by the Parliament and developed by the government, are mainly operated by public financial administrations. It is therefore essential that they have the tools to implement them. So in the XXIth century, the French public financial administrative structure is modernizing, both by borrowing methods of organization and management of the private sector, and using the digital tool to enhance reliability of the public financial information. Faced with the budgetary constraints linked to European commitments, and the societal evolution that digital entails, these entities must be catalysts for controlling the management of public funds
Mbilampindo, Wilfrid. "Marchés publics et comptabilité publique." Montpellier 1, 1995. http://www.theses.fr/1995MON10033.
Full textThe public markets turn out to be prejudicial for the public funds for the simple reason that this money is taken out of the public revenu departement only to credit the treasurship of the very individuals who deal with the administration. The mecanisms of the contractual processes should definitely work in a way to fully garantee the interests of the administration and its co-contracting individuals. The process require a legal supervision of the contract which should normally take into account interests of all the parties. But the issue takes a particular emphasis accordingly with the kind of interests involved in the deal especially when it concerns the financial interests related with a public individual. The very concept of the protection of public funds requires that a regulation especially elaboreted be considered on that perspective. Therefore, the public accountancy find a privileged area of intervention within the public markets, since it definitely put under control the budgetary credits assigned to the transaction planed and supervized by the administration. Consequently the mecanisms of the public accountancy applicable to the contracts generating public funds such as public markets constitute in association with the rules of the contractual processes, an undeniable factor of the protection of public funds against the risk of squandering and
Guerekobaya, Pierre. "Les régimes dérogatoires au droit commun de la comptabilité publique." Paris 2, 2007. http://www.theses.fr/2007PA020080.
Full textGervais, Marie. "Les garanties accordées par les personnes publiques." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA033/document.
Full textGuarantees granted by public law persons appear as attractive mechanisms for the public law persons who wish to intervene economically while ensuring to protect at best public funds. By bringing the element of trust, the present mechanisms of guarantee in the public sphere know an evolution which follows closely the evolution of society by playing a leading role during major projects or still during period of crisis. The introduction and development of the granting of guarantees by the public law persons require a work of definition of the notion of public guarantee which knows a regime more and more framed at the material but also institutional level
Al, Doori Muaid. "Recherche sur la politique financière de l'État en Irak." Montpellier 1, 1985. http://www.theses.fr/1985MON10071.
Full textCabannes, Xavier Amselek Paul. "Le principe de l'unité de trésorerie en droit public financier /." Paris : LGDJ, 2000. http://catalogue.bnf.fr/ark:/12148/cb371879846.
Full textBeauvironnet, Eloïse. "L'encadrement des finances publiques des États membres par le droit européen : analyse comparée du cas français à d’autres modèles budgétaires européens (Allemagne, Belgique, Italie, Roumanie et Royaume Uni)." Thesis, Sorbonne Paris Cité, 2018. http://www.theses.fr/2018USPCB021.
Full textSince 2011, European integration bears testimony to a change which has led various commentators to evoke the beginnings of a new budgetary law. Shaped by the reform of the Stability Pact and the growth, initially in favour of the six pack, followed by the Stability Treaty on coordination and Governance, and finally the two pack, the novelty of this law derived from its principal characteristics, to erect a budgetary discipline at the centre of its interests and framed by the European authorities, invested with a reinforced sanctioning power with regard to Member States. Firstly, economic, then monetary, European integration will be in addition, budgetary, dynamic; breaking with the concept of public finances which prevailed until now, that of a bastion of state sovereignty, no longer forming part of European law. The object of this research is also to analyse the manifestation of the consequences of this budgetary integration, by means of a comparable study of the French case, and the budgetary models of Germany, Belgium, Italy, Rumania and the United Kingdom. How was the supervision of the European Union on the public finances of Member States exerted? If this question is posed with acuity in the present context, the fact is that if a novel setting is offered to budgetary policy in future years it will be characterised by an intervention of new actors, new procedures and new principles. From profound changes there must be expected, both in the relations that exist in the European Union and its Member States, and within the national legal orders, which is what her research proposes to analyse
Arhoutane, Abdesselam. "Marchés publics de l'Etat et comptabilité publique au Maroc." Montpellier 1, 1994. http://www.theses.fr/1994MON10032.
Full textThe objective of this research is to demonstrate the articulation's vices, yet necessary, between those two independent laws which are public contract law and public accounting law. In fact these are two laws characterized by a clear separation materialized by a divergence in the compentences and in the responsabilities of the ordonance officers and the accountants. This divergence comes from a difference in the objective that each state agent is pursing. The ordonnance officer is forced to ensure, considering his politico-administrative commitments, public service, compelling him sometimes to go beyond certain statutory provisions. The accountant, with a lack of concern for the ordonance officer constraints and considering his personal and financial responsabilities, is very anxious that loans made to the ordonance officer are spent in complete legality. However, we can not that this divergence is virtually diluted in a fonctional convergence, insofar as the implementation of any public asquisition always calls for the simultaneous intervention of the ordonance officer and the accountant. The first one decides, engages, liquidates and establishes the payment order. The second one controls the work of the ordonance officer and makes the paiement from the public debt. The accountant's responsabilities are well defined by the regulations in effect. Unfortunately, his action is much more oriented toward regularity of expense to the detriment of his efficiency
Griffin, Patrick. "L'application du principe de la reconnaissance mutuelle en droit financier européen." Paris 2, 1999. http://www.theses.fr/1999PA020008.
Full textBasta, Rabeh Ratib. "La capacité contributive nationale et la capacité contributive individuelle en droit français et en droit égyptien." Paris 12, 1986. http://www.theses.fr/1986PA120203.
Full textThe perpetuation of humankind requires taking into account citizens contributory capacities. All attempt to systematize the contributory capacity demands to examine the national contributory capacity as well as the individual contributory capacity. The first means the capacity or ability of the national product to take into consideration the fiscal and parafiscal participation to finance the public offices, and sometimes, the maintenance of the capacity of society's productivity and the preservation of the individual's purchase power. The redistribution of incomes has a very important effect on the contributory capacity. This redistribution implies taxes and public expenditures. The primary incomes are increased by direct or indirect transfers and reduced by direct or indirect taxes. As for the individual contributory capacity, it is the tax payer's ability (individual or artificial person) in a society to support public offices without prejudice to his standard of living or to his capacity of productivity. So, the contributory capacity in the basic principle of distribution of the autgoings among individuals. The income (or fortune) is the best criterion to measure the tax payer's capacity and possibilities. The contributory capacity theory is viewed as the basis of the fiscal equity and equolity in the eyes of the tax laws. It joirs its optimal aspect in the principle of the capacity of payment in other worlds, an individual's tax income must be fitted and adequate according its means
Dort, Aurélie. "Fiscalité et sécurité sociale : étude de la fiscalisation des ressources de la sécurité sociale." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1070.
Full textThe taxation of social security resources is a switch between social contributions and taxes in social security resources, and also a general mechanism leading to the globalization of the public finance law, the standardization of obligatory contributions and social models. Social finances become integral parts of public finances due to taxation system. The thesis proposes a redefinition of taxation that is the link between tax system and social security. The repercussions of this mechanism are both structural and parliamentarians
LAGRUE, JACQUES. "Réalisme ou probabilité en droit fiscal." Clermont-Ferrand 1, 1995. http://www.theses.fr/1995CLF10153.
Full textThébault, Stéphane. "L'ordonnateur en droit public financier." Paris 1, 2007. http://www.theses.fr/2007PA010261.
Full textBourget, Renaud. "La science juridique et le droit financier et fiscal : Etude historique et comparative du développement de la science juridique fiscale (fin XIXe et XXe siècles)." Paris 2, 2010. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D111.
Full textJean-Antoine, Benoît. "Les normes constitutionnelles financières en droit français de 1789 à nos jours." Paris 1, 2009. http://www.theses.fr/2009PA010316.
Full textBénéteau, Jocelyn. "La remise en cause du principe de l'annualité budgétaire." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32034.
Full textThe principle of the annual nature of the budget has its historical origin in the claiming of periodic assent to taxation by the parliamentarian. During the 19th century, as the legal acceptation of the public budget had appeared within the public financial legal studies, the principle was accepted on all of its elements. The principle of the annual nature of the budget had been quickly shown its own limits and been discussed by scholars and authors. The welfare state and the financial planning public budget which has been developed across the 20th century, lead multiannual budgeting mechanisms. The extension of the multiannual budgeting system results from the 1970’s of the introduction of a double logic budgetary performance and control of public finances. The control of public finances have been amplified since the development of the Economic and Monetary Union in the European Union. To develop budgetary performance, the French parliament adopted in 2001 a new and fundamental finance act. In France, the principle of the annual nature of the budget has not been failed by the development of the multiannual budgeting mechanisms. Indeed, the multiannual budget instruments are not normative in the French legal system. That’s why their normative power must be strengthened, as so the principle of the annual nature of the budget would no longer be a principle but a public finance modality as the multiannual budgeting system. In the same time, the Parliament budgetary control should be redefined : the budget authorisation should be happened only at the beginning of the parliament session. The a posteriori control power of the Parliament should be strengthened and the permanent control of parliamentary commissions on the finances too
Mohammad, Ahmad Insaf. "Les procédures budgétaires en Egypte." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32018.
Full textFrom preparation to testing, the General Budget of the State in Egypt is subject to a complex and unstable process. The instability is due to its polical atmosphere which has been continuously evolving, in turn this affects the legislative aspect of the finance laws. It is also complex, due to the local and international status that exerts a relentless pressure on state finances. The budget’s procedure indicates that the government has limited skills, competence and control within the parliament. The government’s legacy holds legislative and executive control which affects the budget. In parallel, and as part of the decentralisation, we aimed to forecast a political vision of the General Bugfet of Egypt as a political, financial and democratic alternative
Effa-Djopoum, Mathurin. "Les aspects juridiques et budgetaires des privatisations en france depuis 1986." Paris 5, 1998. http://www.theses.fr/1998PA05D021.
Full textThe privatization process started in france since 1986 has nowadays become trivial. However do we only know in which context and under which restraints these have been started and the subsequent consequences ? the judicial and budgetary analysis of privatizations in france since 1986 answers this question by studying their environment on one end and their implications on the other. Indeed the privatization process goes along with a given situation : it was difficult to find an equilibrium between budgetary and community constraints and judicial rules. If the former can be perceived through the budgetary difficulties met by the shareholding state and by the respect of the community rules, the later are mainly seen trough the submission of said operations to a number of judicial rules and constitutional values. Once the privatization process is over, two types of consequences appear : at the public sector level and more widely on the french economy. As regards the first point, privatizations modify the limits of the public sector and provide the state with substantial ressources. As for the second they allow the country to change from an administrated financed economy to a market economy. For instance, the paris stock exchange would not have know such a development without this privatization policy. However, this policy has yet not generated the forecasted results although it has allowed france to join the single currency ; budgetary deficits and public debt remain at a high level, thereby indicating that other measures have to be taken to reduce them, public shareholding has yet not developed. The privatization process started in france since 1986 cannot be negatively assessed. It is a major step in the deep changes the french economy are undergoing since the start of the eighties. The major steps in these changes are : competitive disinflation policy, voting of the bank law, reform of the issuing policy of treasury bills, giving up exchange controls and credit regulations and finally the wrapping up of the common market and the adoption of the single currency and single market
Catteau, Damien. "La LOLF et la modernisation de la gestion publique : la performance, fondement d'un droit public financier rénové." Lille 2, 2005. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D7982%26nu%3D21%26selfsize%3D1.
Full textThe Constitutional Bylaw on Budget Acts (LOLF) answers to two complementary aims : the modernisation of the public management and the reinforcement of the role of Parliament on budget matters. The implementation of the LOLF has lead to a deep evolution of the financial public law characterized by the introduction of a new performance-oriented budgeting system, by the modernisation of public management methods and by the adaptation of budgetary and accountability procedures. However, the implementation of the reform lets some questions unresolved. In particular, responsability of the new public managers, reality of the Court of Accounts are as many questions which remain unanswered. The LOLF should therefore evolve following the successes and failures of its application and must be regarded as first step on the way of renovation of the financial public law, prerequisite of the State Reform
Vallet, Élisabeth. "Les correspondants du trésor." Grenoble 2, 2000. http://www.theses.fr/2000GRE21001.
Full textCabannes, Xavier. "Le principe de l'unité de trésorerie en droit public financier." Paris 2, 1998. http://www.theses.fr/1998PA020094.
Full textCatteau, Damien. "La LOLF et la modernisation de la gestion publique : la performance, fondement d'un droit public financier rénové /." Paris : Dalloz, 2007. http://catalogue.bnf.fr/ark:/12148/cb41339305g.
Full textNogue, François. "La jurisprudence budgétaire du Conseil constitutionnel." Montpellier 1, 1986. http://www.theses.fr/1986MON10006.
Full textThe constitutionnal control of parliament acts established by the constitution of 1958 has helped on completing the state of law in france. The decisions of the constitutionnal council in budgetary and financial matters for twenty five years have been very extensive and influential. These decisions have transformed in depth the french budgetary law specially concerning the form and content of the finance bill, the regularity of budgetary process in parliament and the admissibility of financial amendments by members of parliament. Till then, this budgetary law had remained rather static, the only evolution resulting from the growing state intervention in economic life and from stronghthening executive power in institutionnal life. The influence of these decisions has been decisive. The technicity of financial and budgetary matters has urged the constitutionnal judges to make their methods more precise and, due to the growing number of decisions, the constitutionnal council made them more coherent in such a way that a "global constitutionnal policy in budgetary matters" exist now. Basically, from a legal viewpoint. These decisions have clarified eventually the traditionnal debate on the legal regime of the budget and they have completely renewed the budgetary law. Politically speaking, the constitutionnal judges acting as the keepers of what we could call a "budgetary raison d'etat", has striven also to settle in a balanced way the budgetary and financial disputes which have arisen in the french political life. So, budget has been one of priviledged field of intervention by the constitutionnal council for twenty five years. First of all, the council has succeeded in becoming one of the most essential institution of the fifth republic, but also has turned out to act as a real and respected judge
Legendre, Jean-Baptiste. "La libre administration des collectivités territoriales à l'épreuve de l'obligation d'équilibre budgétaire." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMR142.
Full textAs a result of decentralisation, local authorities enjoy a constitutionally acknowledged free administration. Taking this as a starting point, it appears that the local authorities’ action comes within a remit characterised by freedom. In this way, due to their activities, local authorities are bound to have a deep impact in terms of public subsidies. This is not so only because their action is peculiarly exercised at a local level and closely felt by the citizens, but also because it is influenced by various stakeholders who may express freedom through several modalities. The local authorities’ exercise of free administration, including the skills it entails and allows to develop, is likely to have financial consequences. To start with this presentation is an invitation to consider the existence of necessary resources for the financing of the freedom implemented by the local authorities. This will then bring us to acknowledge that the fulfilment of such a freedom is likely to generate expenses. Thereby, as local authorities exercise free administration, this brings upon an intensified financial activity on their side. In this context, the comparison between the amounts of revenues and expenditure may bring about the issue of a balanced budget. Moreover, taking it into consideration may even confer a prescriptive value to it. Thus, considering the budget balance as a standard will allow us to outline a new approach to the local authorities’ free administration. Inasmuch as a contradiction between them may be pointed out, the local authorities’ free administration is being put to the test by the rule of budget balance. However, this contradiction, which is initially anticipated, is likely to be taken over by local authorities. It is with this aim in view that an appeal to responsibility as an element external to the conflict between freedom and balance will change its terms. So two logics are conceivable - either local authorities are led by a sense of responsibility to the benefit of their free administration and embrace budget balance for the sake of the benefits that may derive from it - which would enhance heteronomy -, or they are led to consider budget balance as an inherent rule to freedom and to apply it as a proper law by duty and regardless of its beneficial effects - which would amount to autonomy
Beaujour, Jean-Claude. "La question de l'investissement privé étranger au Japon." Paris 1, 1998. http://www.theses.fr/1998PA010290.
Full textThe legal background of the foreign private investment in japan can be qualified as liberal. Foreigners seem to have a complete freedom to invest in japan. However despite this statement, foreign government officials still object that japan is a protectionist market and that it practices discriminations against foreigners. On the first part it is emphasized the constitutional and competition legal roots of the freedom principal. These are the rules laid down by the allies after the second world war. Then japan voluntarily engaged in the the multilateral treaties (GATT, OCDE) in addition to apec which recomand free trade and investment among the states members. Moreover the domestic laws such as company law are also quite liberal. On the other side, despite these liberal laws japan is still closed to foreign investors. Western laws do not work in japan. In fact, through the administrative procedure, (administrative guidance) and the structure of the market, (fiscal, financial laws, intellectual property), the international economic laws have been unable to produce free movement of investment inside japan. It is not before coming in the market but when they are inside the market that investors are excluded from the market. Nevertheless, the exclusion is not specifically against foreigns, it is against every one who does not respect the japanese rules
Chenillat, Emma. "La responsabilité juridique à l'épreuve de la gestion : un enjeu pour les finances publiques locales." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D065.
Full textFaced with the financial crisis of 2008, the European Union has intensified the constraint on states whose public finance management is now strictly regulated. Medium-term objectives are assigned to them, which may result in fines (financial penalties) or loss of the right to vote (political sanctions). Codes of conduct, guides and charters (soft law), based on the sharing of experiences on the ground, propose measures to promote their integration. This uniform method, centered on management and public finance control instruments, becomes binding when it is transposed into national law and its legal basis may vary according to the degree of protection granted to it. Public financial law, the main vector of modernization of the public sector, is profoundly altered in the light of these new precepts. In this context and beyond, strong tensions weigh on the financial responsibility of public institutions and managers, including in the local sector, which is the subject of research. Classically, financial responsibility is a legal responsibility based on the good use of public funds, that is, their regular employment. It sanctions exclusively and jurisdictionally the failure to respect the rules and principles of local public financial law defined in the general interest. This framework is now called into question by the new public management (NGP): to the concerns of regularity, are added (sometimes replaced) the imperatives of effectiveness and efficiency. Effectiveness assesses the degree of achievement of the objectives of the action and efficiency studies the relationship between the costs of the action and the benefits it provides. Therefore, the question arises whether the right has the capacity to sanction according to these criteria and whether it would be relevant. If the adaptation of legal regimes of responsibility to these issues has not succeeded, real changes are taking place today, often on the margins of the law. Indeed, a new model of accountability is being put in place at all levels of the public sector. Based on the notions of performance and asymmetric autonomy, it requires all local public actors to commit themselves to achieving a number of previously defined objectives whose results are evaluated in terms of efficiency and effectiveness, And sometimes punished. So rather than reforming the legal responsibility, the choice seems to be made of adopting an extensive view of financial responsibility: managerial responsibility, alongside legal responsibility