Dissertations / Theses on the topic 'Droit et contentieux administratifs'
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Haïm, Victor. "Etre juge et citoyen : examen critique de quelques branches particulieres du droit administratif francais." Paris 11, 1998. http://www.theses.fr/1998PA111017.
Full textIf, as it may presumed, a summary is always possible when a thesis for obtaining the doctorate is presented, it is quiet different when what is presented is a collection of studies which do not have and, seemingly, cannot have between them any direct relationship. Actually and in spite of appearances, that relationship exists. However it should not be sought in the object (the treated topic) as in the thesis, but in the subject (the author of the studies). There is always behind those studies and founding them a doctrine which could be summarized as follows: the judge is also a citizen; if as a judge, he must solve litigations in the respect of the right, as a citizen, he can avoid to reflect on the effectiveness of the institution to which it has the honour to belong and on the legitimacy of the right which he applies. It is this double prospect which explains the two axes of a reflexion which was consigned in a little less than one hundred publications which related primarily to procedural rules, public contracts, immigration rules, community law and french tax system
Ospina-Garzón, Andrés Fernando. "L'activité contentieuse de l'administration en droit français et colombien." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020029/document.
Full textDispute resolution activity is commonly considered as a wholly judicial function. Judicial actions against the administration and the procedure followed by Courts would be referred as “contentious”, while actions and procedures before administrative bodies would be described as “non-contentious”. Still, both Colombian and French administrations may resolve disputes on a daily basis as a result of longstanding “contentious” missions. Therefore, a vision that reduces this “contentious” to the solely judicial activity distorts this reality in power organization theory. The administrative resolution of disputes is an incidental prerogative of the public administration. It is characterized by its attachment to the main administrative mission, it is an instrument for the purposes of administrative action. The administration resolves disputes as part of its administrative function: administrative “contentious” decisions have not the force of a final judgment, and could be subject to judicial review. Administrative “contentious” missions seem to conform to a non-rigid vision of the separation of powers shared by Colombian and French systems. However, the administration does not performs a “contentious” activity every time an administrative action or an administrative sanction procedure is undertaken, or when it has to decide a controversy opposing two individuals. Administrative “contentious” activity demands a real “contentious” to be materialized before the administration, which also decides the bottom of the dispute. In that case, the administration does not perform a judicial or quasi-judicial mission, but just a real “contentious” mission
Katz, David. "Juge administratif et droit de la concurrence /." Aix-en-Provence : Presses Univ. d'Aix-Marseille, 2004. http://www.gbv.de/dms/sbb-berlin/470230029.pdf.
Full textBousquet, Jérémy. "Responsabilité contractuelle et responsabilité extra-contractuelle en droit administratif." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD007.
Full textEven today, the contractual and extra-contractual liabilities differ because of their regime and they are considered as two different orders different from the public responsibility, The coexistence of such duality in administrative law involves certain practical difficulties as for the choice of the regime to be applied to such or such dispute because exist some situations where the question of the foundation of the indemnitaire action is not firmly solved and gives way to uncertainties and ambiguities. It is essential to remedy it because of the unsatisfactory consequences which they can take in particular on the requirement of legal security. This necessity is particulary true as the state of the law is rich in situations of interaction between liability regimes all the times when can overlap the domain of contractual liability and that of the extra-contractual liability. The borders between liability schemes seem so porous and unstable. Many hypotheses be classified cannot without hesitation in the one or other one of the domains of responsibility so that certain contradictory case law solutions can appear: in front of the necessity of opting for a liability scheme, the courts have to choose, sometimes artificially, a liability scheme, solutions subject to criticisms.These problems bound to the existence of a duality of regime demonstrate the importance to specify and to plan upstream the liability scheme applicable to every dispute and invites us to question us about the current situation of the duality in public law. It is advisable to resist the temptation to establish a unification of the regimes of the contractual and extra-contractual responsibilities which would seem artificial, to prefer a work of demarcation, more coherent and satisfactorier, of their respective domain with regard to certain concerns: legal security, equal treatment, but also respect for the held commitment and for the specificities of the contractual regime. So, the research for an extension of the domain of the contractual liability to all the harmful situations intervened on the occasion of the execution of a public service contract should allow to reach such goal
Langelier, Élise. "L'office du juge administratif et le contrat administratif." Poitiers, 2011. http://www.theses.fr/2011POIT3004.
Full textThe field of public contracts constitutes a typical example of how judges redefine their powers and duties in order to adapt to changes in society. During the first decade of the twenty-first century, substantial modifications have affected the subdivision between the procedural means of judicial protection of the citizen in conflicts relating to public procurement. Under the influence of increasing European standards and in an attempt to preserve national traditions, France, Germany, Italy and Spain have seen a proliferation in available legal remedies. This growing procedural complexity is associated with a significant movement of subjectification in light of which the principles and foundations of that judicial protection should be studied from a new point of view taking into account the diversity of requirements imposed. It is therefore necessary to re-think the place of and developments in judicial protection regarding public procurement
Eveno, Nicolas. "La police administrative et le contentieux de l'environnement." Rennes 1, 2003. http://www.theses.fr/2003REN10003.
Full textMichalis, Ioannis. "L'intérêt à agir dans le contentieux de l'annulation des actes administratifs : étude comparée des droits français et allemand." Electronic Thesis or Diss., Paris 1, 2019. http://www.theses.fr/2019PA01D048.
Full textThis dissertation aims to verify, if, because of the “subjectivisation” of the standing point, constantly raised in the literature, the French administrative procedural law. traditionally presented as an objective one, is getting closer to the German administrative procedural law. presented as the subjective procedural law par excellence. After a long period of hesitations and similarities, French and German administrative procedural laws adopted two diametrically different systems during the 20th century. However, in recent years various changes took place both in France and in Germany, which are due to two factors: the increase, on the one hand, of the number of triangular trials and the influence, on the other hand, of the European Union law. Thus. the legislator and the administrative judge restricted the standing point in France, whereas German law was led to modify the classic theory of subjective rights and to introduce some exceptions to the requirement of infringement of an individual right. Nevertheless, those similarities existing between the administrative procedural laws of the two countries do not achieve, for the time being, to alter their original structure
Cepko, Aurélie. "L'exception de recours parallèle en contentieux administratif francais." Thesis, Toulon, 2014. http://www.theses.fr/2014TOUL0078.
Full textThe objection of parallel proceedings, judge-made law created by the Council of State from the middle of the Second Empire, is traditionally explained like an absolute bar to proceedings devoted to misuse of powers. Indeed, the action is inadmissible if the applicant may bring another action, the parallel proceedings, with similar effect. This primary version has been modeled with a synthesis of notion characteristics. A standard model was produced and the judge can settle other situations of parallel proceedings. This second version of the objection of parallel proceedings is adapted to new proceedings like emergency proceedings or the implementation of European Union law. The practice of the objection of parallel proceedings is not theorizable. The judge is using this notion intuitively as a method for leading his judicial policies
Théofili, Alexandra. "La mise en œuvre du droit de l’Union européenne en droit du contentieux administratif français." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020060.
Full textThe enforcement of EU law in French administrative litigation law corresponds to the part of its decentralized judicial enforcement which falls under the jurisdiction of the administrative judge. However, the classical method of European administrative law, commonto all types of enforcement of EU law, whether judicial or not, proposes only two types of links which may exist between EU law and national administrative laws: on the one hand, those who derive from the legal constraints that EU law imposes on national systems and, on the other hand, those who derive from the pure influence that can exist between the constructions of EU law and those of national administrative law. The enforcement of EU law in the field of administrative litigation can nevertheless be dealt with solely from the point of view of legal constraint, whether it concerns the direct enforcement of EU law throughout the administrative litigation procedure or its enforcement during administrative proceedings and on the occasion of the latter. This implementation is, in any case, dependent on the jurisdiction of the administrative judge, but it varies in intensity depending on whether the judge has full jurisdiction or acts only within the framework prescribed by his role as a national jurisdiction. In both cases he is, from now on, the ordinary jurisdiction of EU law
Rassafi-Guibal, Hicham. "La notion de preuve économique : essai sur les interactions entre droit et économie en droits administratifs français et européen." Thesis, Valenciennes, 2016. http://www.theses.fr/2016VALE0015.
Full textThe economic evidence is a complex subject just at the confront of Law and Economics. It plays a role of dialogue between these two fields. As a subject of the legal system, it appears when an economic analysis is necessary fulfilling the Law, it substitues legal reasoning for economic analysis. However, it questions how deep is the subjection of law facing economics. More precisely, it questions how Law and Economics uses each other. The economic evidence is a tool for conciliation between ends and purposes of Laws and requirements of economic thought and necessities of economic game. It is to the Administrative authority to fulfill the conciliation, under the constant review of the judge. The administrative law context has a great influence on the way different requirements are combined
Pongsuwan, Prasat. "Le contentieux administratif en droit thaïlandais entre son passé et son avenir." Paris 2, 1998. http://www.theses.fr/1998PA020044.
Full textZhang, Li. "Le contrôle juridictionnel de la légalité des actes administratifs en Chine : éléments d'analyse comparée des contentieux administratifs chinois et français." Paris 1, 2007. http://www.theses.fr/2007PA010254.
Full textMongo, André. "L'expertise et les autres mesures d'instruction en contentieux administratif." Tours, 2000. http://www.theses.fr/2000TOUR1008.
Full textDelvallez, Charles-Edouard. "Le juge administratif et la primauté du droit communautaire." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32013.
Full textAdministrative law and European Community law. Affrontment of respective autonomies, "Pandora's box" or "armed peace" ? Present today in all sectors of Administrative Law, increasingly complex, the application of Community Law is fastidious. Recognition of its primacy and consequent punishment of failure to respect it are redoubtable questions for the administrative judge, who must permanently reconcile the State's engagements to the Community with its own sovereignty. Such is the subject of this study. The "state of war" is now outdated. Quite on the contrary, at present it is time for dialogue in spite of the subsistence of conflictual elements. Primacy of the Community norm is henceforth largely recognised, whether written or not. The administrative judge today is responsible for its application in disputes not only in the field of legality (prima facie and in substance) but also in that of liability
Morot, Camille. "Le tiers requérant et l’altération du recours pour excès de pouvoir en droit de l’urbanisme." Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10032/document.
Full textActions of annulment by third parties are undergoing various transformations, most strikingly in the field of urban planning. Perceived as prejudicial to the stability of urban planning permissions, this “deed put on trial, of public utility and nature,” was amended, mostly by legislators, towards greater security and subjectivity. Consequently, it can henceforth be described as somewhat distorted, inasmuch as the constitutive characteristics of this pillar of administrative litigation tend to fade in the face of new priorities. The closing of the access to the courtroom as well the radical evolution of the urban planning judge’s function raise questions about the enduring nature of the action of annulment in urbanism. Yet, the alteration process of the action of annulment runs into obstacles that prevent any denaturation of it. The relevance of a legal appeal, objective and open, remains unquestioned in light of the degree to which its characteristics enable to overcome the flaws of urban planning law, and the absence of alternative means to appeal the administrative ruling. Moreover, appeals in urban planning law cannot adopt any other appeal’s legal rules, which inevitably renders its own system hybridized
Desfonds, Laurence. "Langage et conceptualisation du contentieux provisoire des décisions administratives : réflexions sur la procédure de suspension des décisions administratives /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, PUAM, Faculté de droit et science politique, 2006. http://catalogue.bnf.fr/ark:/12148/cb409826929.
Full textAlbrand, Robert. "Le contentieux des taxes et participations d'urbanisme." Nice, 1995. http://www.theses.fr/1995NICE0034.
Full textNicoud, Florence. "Du contentieux administratif de l'urbanisme : entre singularité et exemplarité." Nice, 2005. http://www.theses.fr/2005NICE0020.
Full textIt is today contested that administrative law and litigation is of a special and distinct nature. Town planning litigation is original in this respect. As this type of litigation is quantitatively important, the judge as the legislator had to find numerous original contentious solutions to depart from the general rules governing the administrative process. Such an adaptation is obvious as many derogations are justified by the very substance of town planning litigation. Apart from this technical aspect, it is possible to analyse town planning litigation as a field of experiments to renew administrative justice and more particularly to reinforce the protection of individual rights in administrative judicial review. Moreover, such a movement is a sign of the emergence a new matters of litigation in which the frontier between private and public law, which is traditional under French law, is not so obviously set
Khoury, Nohra Racha. "Le juge administratif des référés en droit libanais et droit français : étude comparée." Poitiers, 2002. http://www.theses.fr/2002POIT3023.
Full textLa, Mardière Christophe de Cozian Maurice. "Recours pour excès de pouvoir et contentieux administratif de l'impôt /." Paris : LGDJ, 2002. http://catalogue.bnf.fr/ark:/12148/cb388543131.
Full textCosta, Thales Morais da. "Les actions collectives en droit brésilien et en droit colombien." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D020.
Full textDefined as judicial proceedings aiming to prevent, to stop or to compensate damages to an indefinite number of human beings, collective actions have deeply changed the role of the judge and the one of public administration in enforcing general norms in Brazilian and Colombian Law. Instead of analysing these actions using the concept of collective interest considered by many as an interest located between individual and public interests, this research shows that collective actions can only be understood in the context of judicial review of administrative decisions. Indeed, these procedures represent a step further in the process of giving judges powers traditionally conferred on administrative authorities and allow judges to take a decision in place of these authorities even when there’s no violation of an individual right. Collective actions invite to question the classification of behaviours that might be prescribed by the judge. These behaviours always refer to an indefinite number of human beings, but this relation of one person's behaviour to other persans can be direct or indirect. When it is indirect, the behaviour refers directly to some abjects or to identified individuals. When behaviour refers directly to an indefinite number of human beings, these ones might be identifiable or undetermined individuals. When they are identifiable, they might be in limited or unlimited number
Duval, Christian. "La liaison entre la compétence et le fond du droit en droit administratif français." Aix-Marseille 3, 1994. http://www.theses.fr/1994AIX32021.
Full textThe argument developed here is that there is not necessarily a link between the jurisdictional order - administrative of judicial - to which a lawsuit is refered ant the public or private nature which is applied to its settlement. The connection corresponds to no scientific necessity, be it on a theoritical level or on that of its practical value. Its relevance appears to be highly questionable. The frequent harmony of administrative and judicial precedents in problems common to both and the large number of procedents borrowed by either judge from the other type of law make it impossible to recognize the principle according to which the competence determines the substance. The analysis of positive law also allows us to question the other side of the same principle namely that the competence follows the substance. Finally the theoretical establishment of the rules does not correspond to the requirements of rigid construction. The foundations supposedly perceived in the very origins to the dual jurisdictional system prove to be fragile and the way in which the principle was conceived by doctrine remain affected by serious causes of precariousness
Foulquier, Norbert Moderne Franck. "Les droits publics subjectifs des administrés : émergence d'un concept en droit administratif français du XIXe au XXe siècle /." Paris : Dalloz, 2003. http://catalogue.bnf.fr/ark:/12148/cb38986836b.
Full textMissang, Bibang Covacks. "La justice administrative au Gabon et au Cameroun : contribution à l'étude de la réception des droits étrangers en Afrique noire francophone." Toulouse 1, 2011. http://www.theses.fr/2011TOU10005.
Full textThe germination and the evolution of the institution of administrative justice in Africa coincide with the development of the colonial administration. It will be maintained at the time of the accession to international sovereignty, even if its organization will depending on the States : on a side, those which, according to the example of Senegal, have, by preoccupation with the simplification, broken with the french solution of jurisdictional duality ; and other, those whose leader could be the Malagasy Republic, which prefered a solution closer to the preceding system. It is in the last category that is necessary to arrange Gabon anf Cameroon, two neighboring States of central Africa. However, the budgetary weight of the new organization and especially the absence of staff specialized in administrative dispute led in most States setting up a general-purpose Supreme court. The opening of the democratic transition also starts the beginning of the dismantling of this jurisdictional monism, more especially at the tendency is rather is the installation of autonomous administrative jurisdictions. All the excuses testify to the difficulty of the African States of obtaining a system adapted for the regulation of the litigations opposing administration and citizens. In a continent where one aspires more ever to setting-up and the consolidation of the Rule of law, it is not any more opportunity of such institution which would be matter with interrogations. On the other hand, its organization, its integration in a sometimes hostile sociological medium continue to feed doctrinal debates as well as political. Those which incarnate the institution are not in remainder. Thus, the timidity of the administrative judges and his promptitude to import foreign jurisprudence, particularly french, are far from supporting the emergence of a public law which is adapted to the States
Niquège, Sylvain. "Juge administratif et droit pénal." Pau, 2007. http://www.theses.fr/2007PAUU2012.
Full textRelationships between criminal law and administrative trial give various illustrations. Incompetence of the administrative judge to take cognizance of acts linked with criminal procedure is a classic example. Generally, the whole criminal case’s elements can be used by the parties or the judge during the administrative case. Criminal law also has an impact on the administrative trial. For instance, criminal administrative authorities have to respect individual guaranties attached to the criminal procedure. Could it be concluded to a growing influence of criminal law on administrative judge’s action, or even on administrative law? This idea, commonly evoked, corresponds to a conflictual and outdated way of grasping relationships between jurisdictions and their respective rules. Certainly, constraint’s mechanism, often accepted, partly rules these relationships. Nevertheless, other dynamics such as indifference, influence, and strategic use of criminal law’s resources also characterize them. Respect of criminal judge’s function does not prevent administrative judge from carrying his own one, sometimes by using criminal law. Rather than restricting administrative judge’s action field, criminal law appears as a real resource
Djedje, Zako Jean-Marie. "La dualité juridictionnelle en Afrique subsaharienne francophone : analyse d'un modèle importé à partir des exemples burkinabè, gabonais, ivoirien et sénégalais." Electronic Thesis or Diss., Université de Lille (2022-....), 2022. https://pepite-depot.univ-lille.fr/ToutIDP/EDSJPG/2022/2022ULILD004.pdf.
Full textBetween the rejections, the partial implementation and aborted implementation, the reforms regulating the juridic duality illustrate the feeling that they do not function well but as purely symbolic or, somehow, as they indicate a process not grasped well. Accordingly, the transition from monism to juridic duality does not lead to a serious development of the administrative issue qualitatively and quantitatively in the francophone African countries. Presumably, if the process of duality can be accommodated, it would not lead to its systematic condemnation. The increasing uniqueness of the collectivities' territorial issues, the urbanism, the environmental issues as well as the attraction of African wealth leading to a kind of “scramble” of investors and powerful stranger forces do not ask for the only specialization of the administrative jurisdiction. Its independence and autonomy are now necessary in order to fully meet the new and renewed challenges. Nevertheless, we must distinguish the incompatible properties in the French imported model from the efficient coaching of the administrative action in francophone Africa and the incongruences of the reforms regulating this model. Briefly, the scope, the context and the accommodating environment of the juridic duality should be re-examined, reassessed in order to create an administrative law both faithful to the principles useful to its efficiency and reflecting the sociological features of new area
Benhalima, Lhassane. "Autonomie du droit administratif et spécificité juridictionnelle : réflexion sur les fondements du contentieux administratif au Maroc." Strasbourg 3, 1990. http://www.theses.fr/1990STR30006.
Full textIn Morocco, the elaboration, application and development of rules applicable to the public service take place in the context of a system based on unity of jurisdiction and sepration of a system based on unity of jurisdiction an separation is formal in so far as it does not go together with unity of rules of procedure or unity of substantive rules. The division of administrive proceedings between the supreme court, competent to hear appeals against abuse of authority, nd lower courts competent uner general law constitutes an element making for complexity in a system originally designed to be simple. The problems arising in France in terms of the division of powers between the two systems of jurisdiction become in morocco problms bound up with the determination of the law applicable, hence the need ro resort to criteria in order to identify the subject-matter of administrative law. What social purpose does the system serve? Does it fulfil its task? Whatever the criticism levelled against it, the fact remains that it exists : it should be reformed in order to make it more accessible to the public. Moroccan administrative laws is not truly autonomous. Its autonomy is only relative; that can be seen in respect of rules of procedure and subsantive rules
Carotenuto, Sylvie. "La disparition non contentieuse des actes administratifs : contribution à la théorie du retrait et de l'abrogation des actes administratifs." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32052.
Full textBlanco, Florent. "Pouvoirs du juge et contentieux administratif de la légalité : contribution à l'étude de l'évolution et du renouveau des techniques juridictionnelles dans le contentieux de l'excès de pouvoir." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32049.
Full textRecourse against excess of power is classically oriented towards the penalty of any administrative act contrary to the rules of law. It so pursues a purely negative, repressive and censorial function, through the cancellation of the litigious act. Its original finality lies in the santion of illegality. A second approach to the decisional attributes of the judge in the dispute under study leads us to somewhat reconsider the first vision of things and to percieve its jurisdictional competency referencing to a function of restoring the legality. Although seemingly poor, the excess of power dispute has in fact for a long time known different jurisdictional techniques that place the judge as simple censor of administrative activity. The movement has moreover been clearly accelerated in the past few years under the combined impulse of the legislator and the jurisprudence. Thus, the classical dimension of recourse against excess of power is far from falling into disuse. We live with a form of coexistance of two different, and to a certain degree antagonisitic, approaches to the decisional attributes of the judge of legality. Added to the classical dimention of recourse regarding excess of power (judge is censor and controller of public persons' actions) is the partly new perspective marked with the seal of contemporary developments, but which also joins however in the continuation of past evolutions
Dávila-Suárez, Carlos-Mario. "La formation du contrôle juridictionnel de l’administration en droit colombien et l’influence du droit français : essai sur les obstacles à l’accès à la justice contentieuse-administrative et sur la protection effective des droits des administrés." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020004.
Full textThe French origins of Colombian administrative law and administrative judicial procedure is a common place among Colombian jurists. They claimed a strong influence from French legal culture in South American countries. However, it is necessary to analyze this hypothesis to determine the scope of such an influence. The present study will attempt to provide an answer, explaining the formation and development of the judicial review of public administration in Colombia, between latest nineteenth century and the present times. This will allow us to study the judicial and scholars’ Colombian legal transplants from French administrative law doctrine of the latest nineteenth and earlies twentieth century. Thus, this research is focus in two aspects. First, the formal aspect linked with the concept of administrative-judges, independent from executive branch, its technique, structure, and methods. And second, the substantive aspect based on remedies and judicial procedure from administrative law (including nullity, nullity and restauration of the breeder's right, Judicial Review of Government Contracts Disputes, and direct reparation). The main objective of this work is to structure and systematize Colombian administrative law, identifying the serious problems of access to administrative justice and rights protection
Foulquier-Expert, Caroline. "La preuve et la justice administrative française." Toulouse 1, 2008. http://www.theses.fr/2008TOU10047.
Full textThe French administrative judge don't worry for truth. He wants to protect a normativity between administrations and citizens. The administrative judge is really free but evidence is only producted by petitioners. Experience and normality finish to convince him
Moreno, Dominique. "Le juge judiciaire et le droit de l'urbanisme." Paris 12, 1990. http://www.theses.fr/1990PA122006.
Full textBuffet, Séverine. "Le contentieux électoral devant les juridictions administratives et le Conseil Constitutionnel." Lyon 3, 2007. https://scd-resnum.univ-lyon3.fr/in/theses/2007_in_buffet_s.pdf.
Full textElectoral disputes represent an essential element of any democratic state. Since the 5th Republic establishment, the control of the political elections falls within the competence of administrative courts and of the constitutional Council. A comparative study between the Constitutional Court and the courts of the administrative branch reveals they both have jurisdiction as to matters arising before the elections and to disputes related to the results of the poll. Nevertheless, this judicial plurality, source of complexity, supports the rule of law. Beyond diversity, a unity emerges from electoral proceedings: first of all, offices of constitutional and administrative judges are quiet similar, as far as the electoral lawsuit is concerned. Moreover, the rules of procedural techniques present strong similarities. However, some differences remain. As a result, the modernization of electoral proceedings seems to follow a more thorough unification, in order to increase the protection of individual interests
Monnier, Damien. "L'Etat de contentieux : contribution à la définition du concept d'"Etat de droit" en droit administratif français." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE2083.
Full textThe Rule of law concept is a real domestic law dogma and has established itself as a norm in the international judicial order. It is beneft of a clearly defined signification. Different concepts are accepted and depend on the agreements of the state, on a hic et nunc warranty of some rights as well as the rulers political will. This study aims to consider the administrative law, and more specifically the administrative judge’s role, as a means of control over the authority of the state so as to promote the rights and fundamental freedoms of the constituents in France. Even if nothing could portend such an evolution on the account of the state, the Conseil d’État, through a (neo)liberal political influence, became major judicial institution which builds the concept of domestic rule. The administrative juridiction legitimizes the public action of the governments while ensuring the legal security of the constituents through a formal and substantive interpretation of the principle of legality. This relation on between the state and the administrative law state of litigation which can be analyzed as a kaleidoscope of social facts. This stems from a power policy, of a positive conflict between men, the institutions, the normes or the instituted powers. Therefore, by accommodating authority and freedom, the administrative jurisdiction exposes the extent to which the administration is subjected to the administrative law. The objective construction of the administrative Rule of law allows the setting up of an administrative justice, which guarantees the republican values of the State thanks to legal Justice and Legal State. The upgrading of the administrative Rule of law by the democracy provide some freedom to the people vis-à-vis the state. The lack of liberalism fades away in favour of a litigious society, juridification and normatism to the detriment of the state
Amessan, Aaron Romuald Evrard. "Les modes alternatifs de règlement des différends avec l’administration." Electronic Thesis or Diss., Bordeaux, 2025. http://www.theses.fr/2025BORD0011.
Full textThe search for alternative solutions to legal proceedings and decisions is no longer an epiphenomenon in public law. Although, despite their age-old nature, mechanisms for settling disputes with the authorities in a different way have been generally unsuccessful, the resurgence of certain cyclical and structural factors linked both to the objective of the proper administration of justice and to improving relations between the public and the authorities has led the standard-setting authorities to see alternative dispute resolution (ADR) as a pragmatic response to the challenges of justice in the 21st century. The combined efforts of the public authorities have made it possible, in particular with the J21 Act of 2016 and its aftermath, to give concrete form to the policy of promoting ADR by establishing a simplified legal framework conducive to the general immersion of ADR in most areas of administrative litigation. Although practice seems to confirm, albeit in a variable and measured way, this favour for ADR, the perfectible nature of the current legal regime for ADR calls for caution on the part of those involved in the justice system in their implementation, as it tends to complicate the quest for a balance between making ADR commonplace and preserving the imperative rules of public law
Katz, David. "Juge administratif et droit de la concurrence." Bordeaux 4, 2003. http://www.theses.fr/2003BOR40001.
Full textPatumanon, Ruatairat. "Le contentieux administratif de la construction et de la rénovation de l'habitat en droit français et thaïlandais." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10019/document.
Full textThe law of construction and renovation of housing is a discipline which gives rise to an administrative litigation. It will be a question of leading a study compared under French and Thai law to try to determine if guiding principles allow to order the discipline. Although specificities regarding town planning are taken into account by French and Thai administrative judge, inadequacies and persistent maladjustments of the rule on administrative court procedure and hesitation of the judge to interpret in an adapted way are noticed
Jully, Arthur. "La concurrence des juges : recherche sur les rapports d'inspiration et de rivalité entre le contentieux administratif et le contentieux judiciaire." Electronic Thesis or Diss., Université de Lorraine, 2024. https://docnum.univ-lorraine.fr/ulprive/DDOC_T_2024_0257_JULLY.pdf.
Full textThe French legal system is historically and culturally marked by dualism. This particular organization has consequences on the way in which the reading of court decisions and institutional choices of supreme courts are approached. The Council of State and the Court of Cassation maintain relations which can be described as competitive. This practice of institutions is old and has become part of dualism, to the point of forming reflexes and habits that have developed and renewed within this restrictive framework. Adopting this complementary reading grid of competition allows us to understand what may motivate the decision-making at the jurisprudential, jurisdictional and institutional level by the two supreme courts. The competition of judges can thus lead the Council of State and the Court of Cassation to adapt their behaviour and strategies to each other but also to the European courts, in order to preserve their field of competence or their institutional positioning. It is therefore an essential stimulant of the activity of the jurisdictions and distills virtuous effects as a shared emulation dynamic, which legitimizes the intrinsic complexity of dualism. Indeed, a dualist system can only be defended if its advantages are greater than the disadvantages it produces
Gilles, Caroline. "Le Conseil constitutionnel et la commande publique." Electronic Thesis or Diss., Montpellier, 2021. http://www.theses.fr/2021MONTD031.
Full textPublic procurement wasn’t well known before the Constitutional Council referred to this term in some decisions of the early 2000’s. The term of “commande publique” was very criticized and seen as not precise enough. The Council surprised the observers by using this term. He saw in it a helpful notion that could assemble various contracts with the same purpose: to provide goods and services to the administration and to some private persons. It includes both private and public contracts and submits them to the same rules. The Constitutional Council not only used this term, but he structured the public procurement law around common rules, usable by principle, and under the constitutional principle of equality in public procurement. This new principle is large enough to include various obligations essential to the public procurement. The decisions show that these contracts are real contracts, which wasn’t certain in french public law. Despite these progresses, many obstacles stop the development of the public procurement in the decisions of the Constitutional Council and prevent the unification of this matter. The law of public procurement is mostly the competence of the regulatory power, which has many consequences such as the impossibility to seize the Constitutional Council. It also prevents the possibility to form a priority preliminary ruling on the issue of constitutionality (QPC). The development of constitutional dispute of public procurement is also limited by the judges in charge of the transmission of the QPC. The law is changing and new possibilities appear, which allows to think that the public procurement should take a bigger part in the constitutional dispute in the future
Blanchard, Thibault. "Le partage du contentieux administratif entre le juge civil et le juge administratif : étude de droit vaudois, historique et comparée /." Lausanne : Bis et Ter, 2005. http://aleph.unisg.ch/hsgscan/hm00123680.pdf.
Full textIrimia, Florin. "Le contentieux précontractuel des marchés publics en France et en Roumanie." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020077.
Full textThe precontractual disputes within the public procurement procedures in France and Romania represents a comparative study whose object is to synthetically and pragmatically analyse the national French and Romanian mechanisms aimed to ensure the protection of the economic operators against the eventual infringements of the transparency and competition principles. The comparison between the two legislative frameworks is initiated by the presentation of the European law of the disputes within the public procurement procedures, which significantly influenced the national legal systems. This influence shall be the study’s central point, which shall facilitate an indirect comparison between the French and Romanian law that have both similarly and differently reacted to the priority of the European law.Thus, based on its powerful historical tradition in the field of the disputes of the public procurement law, France was more reluctant to integrate the European rules and had to admit some compromise which had sensibly disturbed its tradition, especially with respect to the powers of the judge.The Romanian legal system, younger and less pegged in the traditional rules, was more opened to the attractions of the European law to such a point that it innovated by creating a specialised administrative-jurisdictional organism, more adapted to the celerity and efficiency exigencies imposed by the European Directives. The evolution of its jurisprudence, rich but inconstant and its comparison to the jurisprudence of the French administrative judge will allow an interrogation of the necessary compromise between the legalism and the legal security in the awarding of the public contracts procedures
Jiménez, Lechuga Francisco-Javier. "Le contentieux administratif et l'exécution des arrêts juridictionnels en droit comparé (les cas de la France, de l'Allemagne, de l'Espagne, communautaire et du droit de l'Union)." Paris 1, 2013. http://www.theses.fr/2013PA010268.
Full textHamrouni, Slim. "Le contribuable, l'administration fiscale et le juge dans le contentieux fiscal et le contentieux fiscal pénal en droit tunisien : essai sur l'équivalence des rapports." Perpignan, 2005. http://www.theses.fr/2005PERP0605.
Full textIn the tunisian law,the tax litigation is specific in its two forms either fiscal or repressive. In fact,this specificity emanates from the fact that it differs from the common law rules. The tax litigation always relates the internal revenue service and the taxpayer. Besides when the tax litigation exceed the administrative phase,or when it extends to criminal proscute, the intervention of a judge of tax or a repressive one is compulsory. As a consequence of the presence of the internal revenue service in terms of public authaurity which defends the general iterest, the rights and garanties are mainly unequal in the relationship between the internal revenue service, the taxpayer and the fiscal or penal judge. Really,the bilateral relationship between the internal revenue service and the taxpayer in the administrative phase is caractered by the biggest rightes according to the internal revenue service. In fact the rules prescribed for the prelitigation and the litigation phases are often at the administration favour. It's the taxpayer who is overcharged by giving his allegation proof to obtain discharge,reduction or restitution of taxation. The judicial judge is in his turn submitted to the deviating procedure of the fiscal instance which reduces his power. The internal revenue service superiority is more clear in the criminal proscute where the judge and the taxpayer are under his authority and even whimsy desire
Deguergue, Maryse. "Jurisprudence et doctrine dans l'élaboration du droit de la responsabilité administrative." Paris 1, 1991. http://www.theses.fr/1991PA010264.
Full textA fertile dialogue, a sort of two voice chorus exists when the relations between doctrine and jurisprudence are usually presented, but, never the precise strength of one or the other has really been measured. The ruling power of a judge should, theoretically, be accepted, since it relies on formal sources, i. E. On administrative jurisdiction. In fact, when creating laws to determine the responsabilities of publics persons, outside writen principles, the judge may, sometimes, be subjected to public opinion, be it administrative or academic. Therefore, administrative responsability is defined by applying a deductive method, and by using the texts of doctrine. At the source of the rule, the doctrine influence may seem to be rather slender, but down stream it becomes quite systematic. Can one be bold enough to risk a theory prooving that the juriprudence phenomena only appears on a second time, when doctrine has sensed and reformulated the rules? in the chosen subject, it appears that the deductive systematisation, linked to rules layed down by the judge, have generated jurisprudence. The abstraction and generalisation effort provided by the doctrine, plus it's definition and it's critical view has generated jurisprudence, as we know it. The meaning of it being enriched by a perfect knowing of the law and never limited by a collection of past rulings. If doctrine is important in the jurisprudence genesis, we must reconsider material and formal sources, to give doctrine it's equal share of one and the other
Connil, Damien. "L'office du juge administratif et le temps." Pau, 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%3D108.
Full textThe relationships between the office of the administrative judge and time differ depending whether the judge's office is considered in its juridictional or jurisprudential dimension. Time appears to be an essential element of practice or even of the definition of the judge's office, but in various forms and on various levels. And that is precisely the multiplication of meeting points between the administrative judge's office and time which enables to demonstrate the fundamental place of the time element in the heart of the judge's office. Furthermore, the time factor has become the fundamental element in recent years. Besides, research also shows the administrative judge's effort in that matter. If the question of time illustrates the modern changes of administrative justice, symmetrically, the conception the judge keeps of his office alters the way he takes the time factor into account. The administrative judge has become an efficient realistic judge, not only just the guardian of Administration's prerogatives but a judge in search of a delicate balance between satisfying the public interest and taking particular interests into account, between the principles of legality and legal security, between the demands of administrative action and the respect of citizens' rights, a judge heedful of Law as it lives and as it is lived
Delicostopoulos, Constantin S. Guinchard Serge. "L'encadrement processuel des autorités de marché en droits français et communautaire : contentieux de la concurrence et de la bourse /." Paris : LGDJ, 2002. http://catalogue.bnf.fr/ark:/12148/cb388406339.
Full textBailleul, David. "L'efficacité comparée des recours pour excès de pouvoir et de plein contentieux objectif en droit public français /." Paris : [Mont-Saint-Aignan] : LGDJ ; Publications des universités de Rouen et du Havre, 2002. http://catalogue.bnf.fr/ark:/12148/cb388616825.
Full textDupeu, Nael. "Les moyens en contentieux fiscal." Electronic Thesis or Diss., Toulon, 2023. http://www.theses.fr/2023TOUL0159.
Full textTax litigation arises from a persistent disagreement between the taxpayer and the tax administration. The taxpayer who wishes to contest the tax must submit a contentious claim to the competent tax service before being able, if necessary, to bring the dispute in front of the judge. The taxpayer and the tax authorities must then present means capable of justifying the merits of their respective positions. The tax judge must assess the means of the parties in order to resolve the dispute. The purpose of this study is to systematize the means in tax litigation. The specific nature of the tax dispute has an influence on the means as invoked by the parties and assessed by the judge. The objective nature of tax litigation implies in fact bringing together favorable conditions for the application of tax legality. The parties thus enjoy great freedom to develop their legal argument during the litigation procedure. The purely objective nature of tax litigation is sometimes a source of imbalance between the parties to the tax proceedings. The objective application of tax law is also at the heart of the tax judge's office, although he sometimes reveals a form of subjectivity in his assessment of means. The ambition of this research is to identify the specific features of the means in tax litigation
Kouakou, Béhibro Konan Guy Claude. "Le contentieux de la fonction publique internationale : contribution à l'étude du régime juridique des commissions de recours et d'appel de l'Agence Intergouvernementale de la Francophonie." Paris 5, 2004. http://www.theses.fr/2004PA05D001.
Full textThe subject treats of a fundamental guarantee granted to all the international officers, in general ; that is to say, the protection of their statutory, lawful or contractual rights by the international administrative jurisdictions. At the intergovernmental Agency of the Francophonie (I. A. F. Ex Cultural and Technical Cooperation Agency) particularly, the Commissions of Recourse and Appeal are charged to know, as e first and a last resort, the individual and collective litigations which could be caused by a decision of the general Administrator. How are these organs of litigations settlement organized ? How do they function ? Which are, generally, the rules governing the litigation which they are charged to solve ? Such are the essential points which are approached in this study
Braud, Xavier. "De l'influence des associations de protection de l'environnement sur l'évolution du droit administratif de l'environnement : potentialités et réalités." Nantes, 1997. http://www.theses.fr/1997NANTA002.
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