Dissertations / Theses on the topic 'Droit – Unification internationale – Pays de l'Union européenne'
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Abdou, Mehdi. "L'alignement du droit marocain du transport aérien et son volet sécuritaire sur le droit de l'Union européenne." Electronic Thesis or Diss., Normandie, 2017. http://www.theses.fr/2017NORMR153.
Full textInternational bilateral cooperation is based on normative cooperation. Most often, this is called harmonization or normative convergence. Yet today, a new form of cooperation is emerging in the context of the European Union - Third States relationship. This will be qualified as normative alignment. Indeed, this new concept aims beyond a convergence between legal systems. This is the new configuration of the Euro-Moroccan air link
Senkovic, Petra. "L'évolution de la responsabilité de l'État législateur sous l'influence du droit communautaire." Paris 1, 1998. http://www.theses.fr/1998PA010276.
Full textThe recent jurisprudence of the European court of justice which confirmed the principle of the state liability for the acts and omissions of the national legislature contrary to community law had the effect of a legal revolution with important consequences in the domestic as well as the community legal order. The principle that member states are obliged to make good damages caused to individuals by breaches of community law attributable to the state is inherent in the protection of the rights of individuals who rely on community law and there is no justification to exclude the national legislature from that principle. The extend and the impact of this jurisprudence go beyond the problematic of the liability of the legislator. The recognition of the principle of the state liability for breaches commited by the legislator highlighted the difficulties of the coexistence of community law rules with the particularities of national legal orders. In fact, the comparative summary of the French, English and German rules on liability shows that it is impossible to obtain the reparation for the legislator's breaches of community law while respecting national procedural rules and that the level of protection in those three member states is very different. The principle that member states are obliged to make good damages caused to individuals by breaches of community law by national legislature also reinforced the position of national judges and contributed to the decline of the legislative power of the national legislature. In order to preserve the coherence of the domestic legal systems while respecting the community law obligations of the member states, the changes are necessary
Nadaud, Marion. "La diversité des méthodes d'intégration juridique européenne dans le domaine du droit des contrats : étude de l'organisation d'un espace normatif européen du contrat." Toulouse 1, 2010. http://www.theses.fr/2010TOU10068.
Full textContract law represents a truly rich field of observation for the study of the various methods of European legal integration. Harmonization by way of directives was initially the leading intervention method for European Union law dealing with contract law. Since 2008, the Union's legal system has implemented overall measures to unify the rules for conflicting laws. The prevailing vision so far has been that of a European normative space for contract, defined as a regional legal entity based on horizontal links established between the national laws of each European country, as opposed to a single model for European contract law. This thesis seeks to cast light on how this normative space is organized. In terms of its internal structure, the normative space under study deals with the relationships between the legal systems of European Member States through a principle of normative competition. Grounded in freedom of choice, this normative competition provides both a way to deal with the various national systems for contracts and a way to progressively Europeanize contract law. European law moreover sets out to regulate the intensity of such competition so as to protect the weaker party while preserving the internal coherence of the normative space. In addition, the latter strives to delineate its outer contours. This study assesses how far into the international domain European law can be called upon based on spatial integration, and seeks to analyze the delicate relationships between European law and the legal systems of Member States as well as that of International Law. The critical issue in the external structuring of European space lies in finding a balance between a philosophy of identification and a philosophy of openness
Djemali, Karima. "L'insolvabilité internationale : évolution et prospective." Dijon, 2007. http://www.theses.fr/2007DIJOD005.
Full textThe treatment of cross-border insolvency has much improved since the adoption of the European Union Insolvency Regulation in 2000, of the OHADA Treaty in 1997 and the Model law on Cross-Border Insolvency in 1997. However, this international approach is, in one hand, limited by the scope of these conventions and in the other hand, concerns few numbers of countries. In fact, these instruments failed to create an international insolvency law. Territoriality and universality theories are not efficient and the harmonization of cross-border insolvency is not feasible. Then, in international cases involving groups of companies, judges have decided to cooperate by way of agreements in order to find an acceptable international solution for all parties and respecting states’ sovereignty. These agreements have come to be known as protocols and have enabled judges, lawyers, administrators, to produce a legal framework that is intended to facilitate the harmonization and the coordination of international proceedings despite the absence of treaties. These cross-border insolvency protocols represent a new approach of cross-border cooperation and an opportunity to promulgate universals and pragmatics solutions for future international insolvencies proceedings
Bauchy, Julie. "L'espace civil européen : d'une structure substantielle à une construction processuelle." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10053.
Full textEurope of law is a reality. From economic liberties, freedoms of movement and human rights, now Europe is also developing in the field of civil law. Within the movement of Europeanization of Member States civil law, European judicial integration contributes to the construction of a European civil area. This observation leads to wonder about the structure of such area. While the actual trend is to promote a substantive structure, the procedural approach could also be explored, and even preferred. Classically, due to methodological issues, the European civil area construction is studied through approximation of substantive laws. However, the structure may not be entirely based on substance, especially since the area is constituted of different aggregated elements, which interact altogether. This study aims to analyse the European civil area also through European Union civil procedural law. Being in constant consolidation, the latter seems to be able to reveal the civil area as it allows to fulfil and to coordinate civil laws within the European judicial area
Glanert, Simone. "De la traductibilité du droit." Paris 1, 2009. http://www.theses.fr/2009PA010300.
Full textCaiola, Antonio. "L'émergence du principe de nécessité dans l'action normative pénale au niveau de l'Union européenne." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA027.
Full textThis thesis has as its purpose to demonstrate the appearance of the principle of necessity in the legislative action of the European Union in the field of criminal law. After a first part which concerns the general notion of necessity and the role of principles in the Union's legal order, the legal context of the EU Treaties is examined in the light of the principle of necessity. The analysis is made on the basis of the relevant provisions of the Treaties as well as on the basis of the legislative acts adopted by the Union's legislature and takes into account the criteria coming from the case law of the Court of Justice in criminal law related matters. A distinction is made between (i) the provisions concerning judicial cooperation in criminal matters and criminal proceedings (Article 82 TFEU), (ii) autonomous criminal law (Article 83(1) TFEU), and (iii) ancillary criminal law (Article 83(2) TFEU) of the European Union. A number of documents concerning the positions taken by some Institutions of the European Union are also analysed. In the final analysis, it is concluded that the principle of necessity appears in the Union's criminal law, also in the light of the evolution of the legislative work
Mohr, Pablo J. "L'harmonisation européenne du droit des contrats d'auteur : étude de droit comparé à partir des droits allemand, anglais, espagnol et français." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA019.
Full textThe objective of the present study is the comparative analysis of contract law relating to copyright in four legal systems of the European Union, which are German, English, Spanish and French law, and to analyse the resulting prospects of European harmonization on this subject. First, the similarities and specificities of the aforementioned legal systems will be explored on a certain number of fundamental issues of copyright contract law. Then, propositions of convergence will be formulated, which could provide a basis for discussions in the case of a possible European harmonization. The study considers aspects from copyright law, general contract law, property law, personality rights, fundamental rights, comparative law theory, as well as some European scientific projects
Magnier, Véronique. "Rapprochement des droits dans l'Union européenne et viabilité d'un droit commun des sociétés." Paris 2, 1997. http://www.theses.fr/1997PA020084.
Full textFurther progress towards the european union (eu) would require methods of approximation of laws, particularly to establish a common company law. This is usually achieved through international agreements, which aim at unifying laws. The founding treaties of the eu do not ignore these methods of unification, but also resort to original methods for approximating laws, harmonization and coordination, which should not necessarily lead to unified laws. The approximation of european company laws is supposed to rely on these flexible methods, as the european institutions shall carry out the duties devolving upon them by "coordinating to the necessary extent and rendering of equal value the guarantees which member states require of companies. . . "(article 54(3)(g), treaty of rome). But an analysis of directives reveals that the practical approach adopted was one of unification. Nevertheless, no common european company law has been achieved so far, as the european rules remain a mixing of national legal ones. This study shows that unification is not adapted to the approximation of company laws in europe because two different models of companies coexist. Therefore, national legal systems borrow rules from both models, leading to incoherent solutions, as the french company law illustrates. This thesis recommends more flexible methods of harmonization, inspired by the old european "jus commune". These methods would not necessarily lead to unification but would offer a consistent and non binding set of principles that states could follow or adapt as needed. The european common company set of principles that would emerge from such an approach could fit into all national systems. It would, however, require thorough preliminary doctrinal and scientific studies
Contartese, Cristina. "La participation de l'union Européenne aux organisations internationales." Strasbourg, 2010. http://www.theses.fr/2010STRA4018.
Full textThe participation of the European Union (EU) to International Organizations (IOs) is an important result of its role in the international relations arena. However, in some cases, the participation of the EU to IOs displays several legal and political problems related to different elements, such as the rules of the IOs statutes or the internal institutional asset of the EU. The purpose of the analysis is to examine the participation of the EU within the IOs which deal with two issue areas: the Organizations for international peace and security; the Organizations which are part of the international monetary and financial system. This work has also examined the different typologies of the EU participation to IOs, such as exclusive, alternative participation and the status of observer. The final purpose, considering the hypothesis that a deeper EU cohesion within the IOs would strength the position of its Member States, has been to present a general picture in relation to the role of the EU on the international arena, and to understand whether the current institutional and political asset would let the EU act as a single international actor
Amato, Rosanna. "La coopération judiciaire en réseau dans l'espace de liberté, sécurité et justice." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA014.
Full textThis thesis deals with the legal analysis of the network-based form of cooperation between national authorities of the EU Member States within the AFSJ, with a view to evaluate its contribution and potential. The dissertation is divided into two parts. The first one portrays the emergence of networking and analyzes the driving factors (both legal and structure-related), which have triggered such a process. Attention is paid to the legal instruments applying both the principle of mutual recognition and the principle of availability. The rationale is to identify the obstacles hindering the implementation of the cooperation procedures and to highlight the role played by networks in this respect. The second part examines the main networks operating in the JAI field, with a special focus on the features characterizing these arrangements and their methods of operation. Finally, the main features of a “EU network model of cooperation” are identified as well as the role played by such a model in respect to the exercise of the EU competences in the AFSJ
Gourdon, Sandrine. "L'entraide répressive entre les États de l'Union européenne." Bordeaux 4, 2003. http://www.theses.fr/2003BOR40016.
Full textSierra, Cadena Grenfieth de Jesús. "L'internationalisation pluraliste du droit public de l'intégration régionale : une comparaison d'après la jurisprudence de la CJUE et du TJCA." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010327.
Full textThe internationalization of Community Law in the EU has led to the development of new centers of legal production outside the European legal space such as CAN. This process has stimulated a two -dimensional global phenomenon of legal pluralism: on the one hand there is the creation of alternative regional integration models and on the other hand, the emergence of a discussion on national level about the constitutional and administrative identity of States under supranational legal systems. The comparison between different jurisprudences shows an expansion of legal pluralism in Latin America and in the EU, as much as in a national or regional scale than in a constitutional or administrative scale. Such pluralism demands the construction of a regional coordination-harmonization rather than a standardization of the legal world as envisaged by the WTO's economic Law, the doctrine of Global Administrative Law or the constitutional providing of global standards. Comparative jurisprudence explains how the national and regional judges’ “spontaneous and unrestrained” dialogue reveals the conflicting relationship between the beneficial owner of the world market (WTO) and the protection of public order at a regional level. The thesis addresses the problem of pluralism through the comparative analysis of both the ECJ's and the ACJ's jurisprudences. First, from a constitutional point of view, the notion of “power-knowledge of the judge” (replacing the concept of judicial activism) suggests the understanding of the community judge as the protector of the national legal pluralism to address a new complex configuration of legal authority at a supranational level. Secondly, from an administrative point of view, the notion of regional governability (replacing the concept of global governance) demands the judicial nationalization of regional economic powers to place it under the control of law. The aim is to imagine the regional public law capable of nationalizing the regional authorities as counter-powers regulating the market to face the lack of legal definition of the global governance
Sinou, Despina. "L'Union européenne, acteur juridique de la protection internationale des droits de l'homme." Paris 2, 2007. http://www.theses.fr/2007PA020067.
Full textMamet-Rosenbaum, Claudine. "Compétence judiciaire et exécution des jugements dans le grand espace juridique européen." Paris 2, 1994. http://www.theses.fr/1994PA020153.
Full textThe convention on jurisdiction and enforcement of the decisions in civil and commercial matters was concluded in Brussels on September 27, 1968. Its territorial application was reserved to the European economic community and did not allow any territorial extension. Thus in 1981, the idea of a convention which could cover EEE and EFTA and other states outside these two organisations. The result of this idea was the Lugano convention, signed on September 16, 1988, kept the main part of the Brussels text but took into account all the jurisprudence developed by the European court of justice and the opportunity to reform this text. The contributions of the Lugano text integration into San Sebastian convention on May 26, 1989 is the starting point of our two part study. The first part is devoted to the mechanism of the European conventional system in matter of jurisdiction and enforcement of the decisions. We try to demonstrate the interest of the Lugano convention (chapter I) in its function of judicial tool in the European juridical greater space as well as its function as a parallel convention to the San Sebastian text. Beyond this intrinsic interest, we have to demonstrate the extrinsic interest of this convention (chapter II). First through the problems of juxtaposition of the Brussels convention and San Sebastian convention. Then through the relations between the Lugano and San Sebastian conventions and special conventions, as well as conventions concluded with outside states or even with the European law. We also analyse the future of the Lugano and San Sebastian conventions and the probabilities of an extension of the application of the parallel convention and of a creation of a universal convention. The second part deals with the most important contribution and the gaps of these two conventions in matter of jurisdiction, recognition and enforcement of the judgements. We divide these two scopes of rules into two chapters rules of jurisdiction (chapter I) and rules of recognition and enforcement (chapter II). We suggest some better solutions and we introduce some criticisms to the present system and imagine an alternative to these conventions in real free circulation of the judgements
Haddad, Raymond. "La problématique de la gestion des déchets dans le droit communautaire de l'environnement." Thesis, Artois, 2011. http://www.theses.fr/2011ARTO0301.
Full textThe mass of waste that remained negligible during the early millennia of human experience, dangerously increased with the industrial revolution and the advent of the consumer society. Wastes can henceforth destroy the laws of nature. They cause serious and irreversible degradation of the environment and major technological risks.Given this reality, the community law of the waste and the jurisprudence of the Court of Justice had implemented three immune systems. They can be designated by the terms of metaphysics immunity, representing a system of values, legal immunity, corresponding to coercion, solidarity, information and participation, and biological immunity ensuring the maintenance of corporeality.This environmental advance has been partially undermined by the merchandising of waste. Indeed, the dominant feature of the merchandise is the abstraction, which extends to everything surrounding the merchandise form. Thus, the abstract merchandise value is only capable of quantitative differentiation as opposed to the qualitative of the environmental advocates. This abstraction allowed exceeding legal and metaphysical thought that disdains the residues, but it imposed a spatiotemporal process that determines the forms of thought harmful to the balance of the natural environment
Moreau, Flore. "La mobilité des travailleurs dans les relations extérieures de l'Union européenne." Paris 1, 2011. http://www.theses.fr/2011PA010318.
Full textPollmann, Christopher. "Le recours collectif au droit comme stratégie : l'action des syndicats et des "patronati" en France et en RFA, en matière de libre circulation des travailleurs communautaires." Montpellier 1, 1991. http://www.theses.fr/1991MON10029.
Full textDusart-Hattenville, Véronique. "La liberté syndicale dans l'espace social international et communautaire." Paris 2, 2005. http://www.theses.fr/2005PA020042.
Full textRenaud, Karine. "Enjeux juridiques et processus de mondialisation de la communication." Toulouse 1, 2004. http://www.theses.fr/2004TOU10045.
Full textThe globalisation of communications has become a paradigm for the legal organisation of communications,which raises the question of how law can adapt to this process. Indeed, through the development of satellite communications and the integration of networks, of which Internet is the best known, sounds, images and data are now transmitted beyond national borders. The hypothesis of convergence, due to the digitalisation of information, brings into question the legal and technical separation of communication activities. However, underlying this process, policies are clearly in favour of worldwide legal model based on the logic of the market and competition regulations. This research work is an investigation of the two aspects of the globalisation process : the reality of technical progress and the symbolic importance of the process, characterised by lobbying for deregulation and liberalisation to promote competition and free market mechanisms
Castillo, Maria. "L'harmonisation du contrôle prudentiel des établissements de crédit dans la CEE." Paris 1, 1993. http://www.theses.fr/1993PA010253.
Full textBuilding up the european market implies the creation of an harmonized prudential supervision. The creation of this supervision be impeded by several obstacles first, the existence of differences in national legislations, especially as regard banking sevrecy. Second, the absence of cooperation between the member states. The commission's work on harmonisation be founded on particular principles : mutual recognition of national legislations, minimal harmonisation and home country control. Nevertheless some points must be submitted to a strengthened harmonisation. The difficulties meeting and the progressive creation of a prudential supervision are submitted to a carreful examination
Terrazzoni, Jean-Laurent. "Union européenne et protection de l'environnement : analyse d'un système de coopération." Nice, 2000. http://www.theses.fr/2000NICE0031.
Full textToday the result and balance sheet of two centuries of industrialisation in Europe is very bitter. Whilst the mode of economic growth has shown to insufficient in halting the increase in unemployment, the damage inflicted on the environment has been severe, be it on the quality of the water, the air or the soil. However natural elements, that are polluted today, not only constitute the raw material for our industrial development, but are also the foundation elements for the survival of our species. Controlling the effects of economic activity on the environment and on the health of man is nonetheless fiercely complex. Today, the crucial question is how to elaborate a preventive strategy to manage risk factors, not only to protect and preserve the environment and the health of man today, but also for future generations. Faced with the complexity of the questions posed, what role can and must the European Union play ?
Hubschwerlin, Marie-Odile. "Utilisation des données continues dans le système d'information Schengen : analyse des tensions entre système d'information Schengen, système commun, et disparités dans l'utilisation de ce système." Strasbourg, 2010. http://www.theses.fr/2010STRA4010.
Full textThe Schengen Information System’s (SIS) strategic objectives are the protection of public order and security; to ensure the good implementation of the provisions on free movement as well as the management of migratory flows. Legislative acts telling us who are the people that can enter an alert in the system and consult the available data on it allow for a theoretical achievement of these objectives. The same goes for people and objects that can be subject to an alert and the consequences of such an alert. Yet, the example of the United Kingdom - and its "personal" use of the file - undermines the realization of these objectives and creates tensions. This is not an isolated case; this practice is common to all Member States who give prevalence to their interests over strategic objectives of the SIS. The SIS efficiency could therefore be jeopardized. Facts show that its objectives could only be successfully achieved through a homogeneous use of the SIS (by the Schengen Member States). As these objectives are crucial for states, its successes only make the SIS more attractive. The Swiss example clearly illustrates that the SIS is essential. Efficiency problems cannot carry on. Can the SIS II be a solution? What about grouping together the SIS with Eurodac and the VIS? Among other things the increase of data, technological improvements do not end issues with data quality, disparity of the use of SIS and unfamiliarity with the system. Tensions continue. The success of the SIS relies on a homogenous use; in order to wipe out tensions training of its users is essential
Delporte, François-Xavier. "La prédominance des impératifs économiques dans la libre circulation des travailleurs de la Communauté européenne." Lille 2, 2003. http://www.theses.fr/2003LIL20023.
Full textThe mobility of the migrant workers meet 2 difficulties. First of all, the free workers circulation is broken down into two elements : the salaried employees and the self-employed whose interests differ. Secondly, there is a broken in the social protection of the migrant workers although the provisions of the 1 408/71 settling. Far from searching for a development of a migrant worker status, the Community law studies the free circulation from the egality of wage between economic agents who act on the same market
Zarrella, André-Dominique. "La politique internationale des pêcheries en Méditerranée : exploitation, gestion et conservation des ressources naturelles de la mer." Montpellier 1, 1991. http://www.theses.fr/1991MON10008.
Full textMediterranean sea is actually suffering from an overfishing of its resources because of a lack of an international control policy of its fisheries. There is urgency and at the same time difficulties to cure this delicate situation, so many are the conflicts between traditional fisheries and states in Mediterranean sea. It seems impossible to adapt the oceanic fisheries control policy to the Mediterranean sea. The only solution is to create a project of partition of its natural resources from the new international law of the sea and concept of enclosed sea
Poitevin, Christine. "Distribution de gros des médicaments et droit communautaire." Bordeaux 2, 1993. http://www.theses.fr/1993BOR2P005.
Full textMohamed. "La coopération CEE/Maghreb." Nice, 1993. http://www.theses.fr/1993NICE0027.
Full textBeaudouin, Christophe. "La démocratie à l'épreuve de l'intégration européenne : redistribution des lieux de pouvoir, nouvelles manières de dire le droit et légitimité démocratique dans l’Union européenne." Thesis, Paris 5, 2013. http://www.theses.fr/2013PA05D002.
Full textCradle of democracy, will Europe today be its grave ? The European Union is not a new political and multinational Sovereign, superimposed on its founding States. As the laboratory of an emerging global legal order, its hybrid system is not programmed to produce a European « political will » but a system of superior and immediate regulation to serve unlimited expansion of trade and individual rights. A standard that penetrates the national legal order, internalizes it and decomposes its hierarchy. Europeanized and networked, the State remains an essential part of this «machine to rule» : as the only holder of the title of sovereignty, of the monopoly of coercion and means to act, the State lends its own legitimacy and its secular arm that the EU lacks. By dismissing the nation State and by neutralizing that sovereignty, however, Europe has broken two conditions of political democracy's existence. Leaders of its old nations agreed to a soft mutation of their political systems : from representative government to network governance, from legitimacy born from the universal suffrage to experts consensus, from Law pursuing the common Good to general deregulation. Does it express the natural completion, announced from Plato to Tocqueville, of the democratic cycle ? A simple desire for Peace or a panic reflex before exit of the Political ? In any case, the split between Authority and Power is unprecedented : politically accountable Governments have given up the authority to decide while the decision-making authority remains unaccountable. The vital link between popular will and Law is being dissolved. Without this legitimacy - which allows Law to be perceived as fair - who will remain obedient ?
Ivanova, Estelle. "L'Union Européenne dans l'arbitrage international des investissements : aspects procéduraux." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D054.
Full textFor a long time, international investment law and EU legislation were developing independently from each other. ln the field of international investment, both met as the EU countries interacted, either with each other or with non-member governments. This led to broad-ranging discussions on how the EU legislation should interact with international investment law. As per the Lisbon Treaty, the European Union is the exclusive authority for the common trade policy, including direct foreign investments under Article 3, subsection le) of the TFEU. The system analysis of the European Union procedural aspects relating to investment international arbitration demonstrates the transition from the well-established "amicus curiae" status to the status of "defendant"
Weyembergh, Anne. "Le rapprochement des législations: condition de l'espace pénal européen et révélateur de ses tensions." Doctoral thesis, Universite Libre de Bruxelles, 2004. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211208.
Full textMeniaoui, Nora. "De l'obsession sécuritaire européenne au besoin de prospérité maghrébin : plaidoyer pour un réel dialogue euro-maghrébin." Phd thesis, Université du Droit et de la Santé - Lille II, 2008. http://tel.archives-ouvertes.fr/tel-00405475.
Full textUllestad, Antoine. "Les frontières extérieures de l'Union européenne : étude de l'internationalisation du marché intérieur." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA001/document.
Full textGlobalization questions the very dogma of the border. Perhaps the representation of the border as a clear and distinct line – separating unequivocally and timelessly – the “inside” from the “outside” is not the only possible legal status for the border. Perhaps the elimination of borders within the internal market of the European Union (in the sense of article 26 TFEU) and the implementation of a “global village”, which would have irreversibly erased all forms of dividing lines, do not match the legal reality of international trade. Perhaps globalization is not an invitation to question the decline or resurgence of borders, but an opportunity to think about their relevance in order to rediscover the very meaning of the notion of “border”
Zarrella, Silvia. "Le principe de solidarité et de partage équitable de responsabilités en matière d'asile entre les États membres de l'Union Européenne." Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA014/document.
Full textThe massive flow of refugees from Syria caught out the reception capacity of some Euro-Mediterranean countries, and highlighted the lack of solidarity and fair sharing of responsibilities among the States of the European Union. Firstly, this study defines the concept of "burden-sharing" conceived as a concrete measure of solidarity to be accomplished through the distribution of risks and costs among the members of a group in order to achieve a common goal. After analyzing the evolution of this principle in international law, we evaluate its implementation in the legal order of the European Union, particularly in the European Common Asylum System (CEAS) as enshrined in Article 80 TFEU. By assessing the Dublin system and the most current answers to the Syrian emergence, we will argue that the European Union is still far from the full realization of the principle of burden sharing
Darragi, Skander. "L' évolution de la coordination communautaire de sécurité sociale." Montpellier 1, 2008. http://www.theses.fr/2008MON10032.
Full textThe beginning of the coordination of the social security systems started with the setting up of Regulation number 3 of 1958. It was meant to improve the mobility conditions of workers and people in general, through fundamental principles such as the lex loci laboris, equality between citizens and non citizens and validation of all the working periods achieved in the Union countries. This last principle allows for instance the worker to receive a pension in his native country even if he had never worked in it. However the 1958 text concerned at the outset only the workers of the first founding countries whose social security systems were more or less similar. Therefore it became in 1971 Regulation number 1408/71, which, in its turn, more than thirty years later, had to be modified. The successive enlargements of the Union territorial space due to the inherent evolutions of daily life on both the judicial and the social levels, have led to the modification of the 1971 text which, according to the observers, has by now become a little too complex. Hence the setting up of Regulation number 883/2004 of April 29, 2004, about the coordination of the social security systems. Yet coordination does not mean harmonisation. As a matter of fact, this differenciation is established within the present thesis in relation with both the law of The Council of Europe and the social security international law
Ličková, Magdalena. "La dynamique de la complexité en matière de relations extérieures des Etats membres de l'Union européenne." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010316.
Full textIn its capacity of a member of the European Union, the State agrees to submit to a set of rules framing its autonomy in the field of external relations. While this set of rules can be assessed in terms of categories of legal effects acting unilaterally upon the EU Member State, the present study attempts to go further by examining what we believe to be a dynamic chain of complexity, composed of actions, reactions, and retroactions of the actors involved. During our research, we indeed found that the manner in which the Union affects the EU Member States’ external relations is far from being a one-way process, but rather constitutes permanent and circular dynamics of interaction between what we shall call an integrated Member State and the Union, between the Union and what we shall call a global Member State, and between the respective Member State’s global and integrated faces. The integrated Member State may step aside to let the Union act in its stead, or act in conjunction with the Union, but ʽtaking the back seatʼ in this manner does not engage its global face, its alter ego, which will return to take center stage (if it did not simply stay there to begin with) to complete (or to compete with) the actions of the Union, or even to solicit the Unionʼs support with respect to the relations it established vis-à-vis third parties. As we proceed, we find that the Member State, who initially appeared to be a mere passive object of our research, is in fact an active agent, contributing, whether through retroaction or through the competing exercise of its sovereign competencies, to the face of the Unionʼs external relations. Accordingly, no research into the external relations of the EU can be complete without taking into account the impact of EU law on the integrated Member States, and the impact felt in turn by the EU as the result of the Member Statesʼ global actions. In the same way, such research should consider the impact of international law on the global Member States and the impact felt in turn by international law as a result of the actions of the integrated face of these same Member States
Da, Lozzo Michaël. "La réalisation de l’accès à la justice dans l’Espace européen de justice : une contribution à la résolution des litiges commerciaux transfrontières." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10033/document.
Full textThe European Union experiences a growing number of cross-border commercial disputes (between professionals or between a professional and a consumer). These litigations shall be resolved at the demand of the claimant, so s/he can enjoy his/her substantial rights. Hence, it is essential to guarantee access to justice, whether public or private, within this European area of justice. To this end, the EU has a shared competence to adopt rules facilitating access to justice (art. 67 §4 Treaty FEU). Considered as an objective and a fundamental right, access to justice shall be realized through judicial cooperation law of the Union. This analysis shall reveal its richness as well as its lacuna. Therefore, one must determine how the European area of justice shall reach this objective of access to justice to allow the settlement of cross-boarder commercial disputes
Osman, Ziad. "Les approches juridiques de la lutte antiterroriste : les nouvelles extensions du droit international, la coopération européenne et les règlementations du monde arabe." Thesis, Lille 2, 2011. http://www.theses.fr/2011LIL20011/document.
Full textThe notion of international terrorism is based on two criteria: one borrowed from actions that constitute the foundation of terrorist acts, the other drawn from particular circumstances coming from a relationship with an individual or collective organization whose objective is to seriously damage public security by intimidation or terror. Since the collapse of the Soviet Union, the international community is confronted by a radical extremist organization wahhabite Al-Qaïda. The terrorist attacks organized by this movement threaten global security today. These extremist criminal terrorist acts target civilians without distinction - women and children included - because they do not consider such acts as forbidden. The international scene has become more and more threatened today by wahhabite ideology whose Saudi origins included fifteen of the nineteen suicide-bombers responsible for the September 11, 2001 attacks on New York and Washington. Faced with the problem posed by terrorism, the international community reacted, each in their own way, by taking necessary measures that conform to their own legal system. Their objectives are to reinforce repression, facilitate the work of investigators and speed up court decisions. New penal laws or new texts have been introduced by several countries in order to confront this international phenomenon. The legal responses of national laws remain until today veritable instruments of confrontation against terrorist acts. These laws serve to deepen the understanding of terrorist motivations, their methods and their goals. By basing these laws on the international directives of the GAFI (Groupe d'Action financière) and the Committee Against Terrorism (CCT), they also serve to combat the financing of terrorist movements as well as money laundering. Keywords : anti-terrorist struggle, international law, European cooperation, extremist criminal terrorist acts
Kleider, Elodie. "De la faillite internationale à la procédure d’insolvabilité européano-suisse dans le cadre du règlement n°2015/848 : les effets en Suisse." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA026.
Full textIs Regulation 2015/2018 applicable to insolvencies linked with third States such as Switzerland ? On the one hand, the CJEU extends the vis attractiva concursus principle beyond European borders. But on the other hand, Regulation 2015/848, even more than Regulation 1346/2000, is designed for intra-EU insolvencies. The Schmid decision (CJEU, 16th January 2014, C-328/12) is a Pandora’s box, because very few provisions may in fact be extended to extra-EU cases. Chapter IV e.g. focuses on the equal treatment of European foreign creditors. How are the Swiss authorities going to react ? Chapter 11 of the Swiss PILA has recently been modified, in order to simplify the recognition of foreign insolvency proceedings. Exit the requirement of reciprocity, and welcome to a new ground of international indirect jurisdiction : the COMI of the debtor. Moreover, the opening of an ancillary proceeding in Switzerland becomes optional. However, the protection of local interests still comes first : no to discriminations of local creditors, and no to recognition of insolvency-related decisions if the defendant lives in Switzerland. Applying Regulation 2015/848 to insolvencies linked with third States would thus be incoherent, and cooperation with Swiss authorities may come to an end
Papadima, Raluca. "La convergence en matière de droit applicable aux sociétés cotées de l’Union européenne : qui s'assemble se ressemble." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020038.
Full textListed companies are a world apart. There are approximately 5 000 companies listed on the regulated markets of the EU stock exchanges. Although they represent less than 1 % of the European businesses, their market capitalization amounts to more than 70 % of GDP. Because they have a systemic importance for the economy, the comprehension of their legal regime is crucial. We first establish the boundaries of the applicable law, starting from the supranational level because EU law represents the most important source of both convergence and divergence. This method allows us to establish if the supranational level should extend to new areas of regulation or push for further the harmonization in the areas already regulated and to make predictions regarding the probable or desirable future directions of the regulations. We then analyze the causality of convergence, which shows three main types of convergence : imposed, by pressure and by approximation of the factual circumstances of the environment in which EU listed companies operate. We conclude that presently there is a convergence of national regulations applicable to EU listed companies despite only partial harmonization at the supranational level and that this convergence will deepen as a result of its forces and factors of causality. This conclusion reinforces the arguments for a reorganization of national laws based on a new summa divisio between listed companies and non-listed companies
Aimsiranun, Usanee. "La citoyenneté européenne et l'État providence." Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-00863902.
Full textKerdreux, Anne Louise. "L'outre-mer au regard du droit européen et du droit international : evolutions statutaires influencées par le droit européen et le droit international." Thesis, Antilles-Guyane, 2014. http://www.theses.fr/2014AGUY0812.
Full textThe Overseas regions, countries and territories present various statuses inherited mainly from the major European Powers which placed them in a relationship of a common interest not only with their mother countries but also with the European Union (EU).However, these territories have continuously re-built between them historical and cultural links, and weaved relationship within the entire Overseas to appear as a constituted whole while negotiating with the EU.The outermost regions (OR) apply Community Law while the Overseas Countries and territories (OCT) situated outside the territory of the Community, have Association Arrangements with the EU.Denmark, France, Netherlands, Portugal, Spain and United Kingdom have proceeded to necessary constitutional reforms to allow numerous articles amendments in respect of right to self-determination of peoples.At the light of statutory amendments and of a continuous economic and social development, the Outermost regions (OR) and the Overseas Countries and Territories (OCT), now wish to assert their rights and to defend their interests at European and International level.Globalisation of policies encourages OR and OCT to gather within International bodies. The rule of law of the related countries opens them to well-structured legal systems and to European values. The outermost geopolitical localisation makes them to have access to international relations.The purpose of this thesis is to demonstrate the interdependence between these different legal systems and the impact of European and International Law on the statutory amendments of the Overseas towards more autonomy, but also liabilities and involvement on their own development by using their regional environment, inter-regional and transnational cooperation and taking part at the works of international organisations
Zoumpoulis, Christos. "Aspects juridiques et fiscaux de la mobilité des sociétés dans l’espace régional européen." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020028.
Full textCross-border company mobility principally involves two main sets of State norms. Firstly, mobile companies continuously encounter conflict of laws questions. Therefore, mobility implies a necessary passage from the fundamental question of recognition of foreign companies, the application of conflict of laws rules determining the lex societatis and, more generally, the consultation of all the rules delineating the normative jurisdiction of the State in corporate matters, namely the conflict of laws rules (whether they stem from positive law or from judicial precedents) or the mandatory rules (lois de police) likely to be implemented in cross-border M&As, reorganizations and take-overs. Secondly, company mobility brings inevitably into play the national or international tax rules which constitute the national systems of international taxation of companies, namely tax rules emanating either from national tax legislation or from international treaties on avoidance of double taxation. These two aspects of the matter of company cross-border mobility shall not be examined separately, given that the formation of conflict of laws rules and tax jurisdiction rules that delineate a state’s tax jurisdiction depends on each State’s hierarchically superior imperatives of a political, economic and social nature, these two body of rules being, therefore, interdependent. The study of their historical evolution within the legal systems examined in our thesis (French, English, German and Belgian) from the early 19th century to date, demonstrates that their current state constitutes the result of their mutual influence. Through an interdisciplinary analysis, we emphasize, in the first part of our thesis, on the crossing points of these two sets of rules in order to explain the complex mechanics of cross-border mobility of companies and point out the legal and tax considerations that dominate the matter. We further explore their transformation by EU law which is intended as a meta-order aimed at orchestrating national government and economic agents’ behaviors according to and towards a new model of market regulation susceptible to the creation of a European single market. The second part of our thesis is dedicated to the study of the impact of secondary EU legislation and European Court of Justice jurisprudence –that act jointly to achieve the European single market objective- on the aforementioned bodies of national rules, that leads to the conclusion that the recent and anticipated developments on the mobility of companies within the EU both on national and European level, fall within the broader framework of the overall development of the transition process of national legal orders from a traditional capitalist model of market regulation inspired by the theories of M. Keynes towards a neo-liberal model which is accelerated by the pressure of the contemporary trend of economic globalization. Addressing the subject of cross-border mobility of companies within the EU both from a historical and an interdisciplinary perspective, we endeavor to identify trends and patterns and to assess the progress achieved since the early 19th century
Kesa, Katerina. "Pays récepteurs d’assistance étrangère et pays donneurs : la place et le rôle des États baltes entre pays nordiques et États postsoviétiques au prisme de l’action de parrainage (1985-2013)." Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015INAL0007/document.
Full textThis doctoral thesis aims to analyse one of the less known aspects of Baltic transition: the evolution of their foreign policy between receptors and donors of foreign assistance through transnational patronage (1985-2013). In line with the constructivist school of thought, we observe how the concept of political identity and solidarity changes, redefines itself towards the Other and the perception that the latter has on the Self. Notwithstanding the changes in this identity, some continuities seem to persist: The rapprochment with Eastern Europe over the past ten years could viewed as one of the priorities of the Baltic States but it also stems from the desire of these States to become and to be considered as “fully” European. This thesis sheds some light over the two dimensions of this solidarity: the political solidarity and support on the one hand, and its implementation through technical assistance to reforms and trainings of Georgian, Ukrainian and Moldovan elites, on the other hand. In order to better observe how the solidarity is expressed, this study attempts to understand the different logics of the Baltics solidarity, to identify different actors and networks involved. In an interdisciplinary approach intersecting the mechanisms of PTS and the historical and comparative approach, this study takes then focuses on the processes and methods of the implementation, the role of the actors “donors” and their interaction with their partners. It concludes that Baltic States diffuse and share with the Eastern neighbours of EU mostly their own experience inspired from the Nordic States’ patronage action towards the Baltics during the 1990
Gaspard, Roger. "La reconnaissance mutuelle en droit bancaire et financier européen." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020083.
Full textThe principle of mutual recognition is fundamental to European law whereby it stands for the equivalence of the regulations of member States of the European Union. In banking and financial law, the principle of mutual recognition is exemplified in two different applications. The first aims at eliminating duplicative regulations and is used by national and European courts in reliance on European Union primary law. It classifies any regulation of a host state that overlaps with a regulation of a home state that has already been applied to a certain matter as a restriction to a European freedom of movement. The second application is the financial passport, which was set forth by European lawmakers in various directives and regulations. The passport allocates regulatory powers among European member states and gives primary jurisdiction to the home member state within a harmonized field. This thesis describes and analyzes each of these applications which are crucial to the practice of business law. Overall, it calls for a reflection on the different methods of integrating financial markets
Darley, Aurélie Mathilde. "Frontière, asile et détention des étrangers : le contrôle étatique de l'immigration et son contournement en Autriche et en République tchèque." Paris, Institut d'études politiques, 2008. http://www.theses.fr/2008IEPP0017.
Full textMigration control here is analyzed not only through the study of public policy tools and their discursive presentation but more particularly through observing control practices within places directly dedicated to the control and selection of foreigners on the national territory. The field research conducted in aliens’ confinement centres (administrative detention centres and closed reception centres for asylum seekers in the transit zone of international airports) as well as in frontier posts in Austria and in the Czech Republic have allowed to observe how migration control is exercized. Understood as spaces of interaction between (State or non-state) agents of control and their target groups, these places also constitute a privileged field for observing forms of reception, circumvention or even reappropriation of control by controlled migrants. Putting into perspective the Austrian and the Czech cases between 2004 and 2007, as they were still separated by a Schengen border, reveals the permanence or, on the contrary, the transformations of certain forms of control and brings to light trends that seem to be part of a system at European level. The obviousness of confinement in contemporary security policies and the interpenetration it allows between “humanitarian” and “securitarian” logics makes it both to a tool of migration control policies and to a factor of their redefinition
Laspiti, Vassiliki. "La coopération Europe-Etats-Unis en matière de lutte contre le terrorisme et la protection des libertés." Paris 13, 2013. http://scbd-sto.univ-paris13.fr/secure/ederasme_th_2013_laspiti.pdf.
Full textZheng, Peng. "Issues and Evolution of the Chinese Copyright Law facing Digital Environment in a Comparative Law Perspective (US and EU)." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10018/document.
Full textChinese copyright protection in the digital environment has been a problem at both international and national level. Why Chinese copyright could not be properly protected?What rights and enforcement tools the copyright holders have? Under the pressure of the US trade retaliation, China ratified the Berne Convention in 1992. The first Chinese Copyright Law and the later two revisions were mainly for the purpose of complying with the Berne Convention. In other words, the Chinese Copyright Law is artificial. It is not the reconciliation of the conflicts of different interests. Copyright enforcement actions have been undertaken by the Chinese copyright authorities in the digital environment. They could be very efficient. Major pirating websites are seized and enormous infringing contents are taken down. However, the actions could also be excessive. The digital environment not only boosted the individual capacity of the reproduction and transmission of works, but also changed the way of how works could be created. How to protect the existing copyright on the one hand, to simulate the individual user’s creativity, on the other?
Duymaz, Erkan. "L'"effet horizontal" de la convention européenne des droits de l'homme." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30025.
Full textThe horizontal effect involves the application of the ECHR in interindividual relationships. Justified by the theory of positive obligations, this jurisprudential construction allows to establish the international responsibility of the State when it fails to take necessary measures to prevent and suppress violations of the Convention committed by private persons. Recognition of the horizontal effect by the European judge results in the proliferation of substantive and procedural obligations of the State. Transposing them into domestic law compels public authorities, including courts, to interfere in private relations. Necessary for the effectiveness of human rights, the diffusion of the horizontal effect generates, in return, an extension of State intervention in the private sphere and the emergence of individual duties based on the respect of the rights and freedoms of others. The European Court of Human Rights, pioneer of the « horizontalization », refuses to develop a general theory. The challenge is therefore to delimit the extension of human rights to relations between individuals so that it does not become a factor of weakening of the vertical protection of human rights
Lattouf, Ziad. "La mise en oeuvre de l'accord d'association en Algérie - Union européenne dans les perspectives du respect des droits de l'homme." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30002.
Full textThe Algerian-European association, signed on 19 December 2001 in Brussels and enforced on 1 September 2005, represents a partnership in terms of human rights. Sett off by the Barcelona Declaration of 27 & 28 November 1995, it nowadays serves as the best model for a genuine implementation of human rights in the field of assocation agreements. Inspired by Euro-Mediterranean policy whose objective is the promotion as well as protection of human rights, as stated in the universal declaration of human rights, it affects the parties, domestic and international policies and represents and essential element in the implementation of the Algerian-European association agreement. Is there a genuine implementation of the Algerian-European association agreement in the perspective of the respect of human rights? And what are the means used for that propose?
Hatzidiakos, Andréas Christos. "La PSDC et la gestion civile des crises : le rôle de l'UE dans la gestion civile des crises et sa contribution au maintien de la paix et de la sécurité internationales : la dimension de la reconstruction post-conflit de la PSDC replacée dans le cadre de l'action extéreure de l'UE." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA023/document.
Full textThe end of the Cold War modified the fragile security equilibrium established for over fifty years, bringing frozen conflicts to the forefront of the international security environment. Confronted with this new reality, EU member states seized the necessity of developing a common political and strategic framework (CFSP), in order to help maintain peace and international security. The establishment of the CFSP and of an operational dimension to its external action (CSDP), illustrate the EU’s ambition to becoming a key strategic player in crisis management. By developing civilian capabilities within its CSDP, destined for post-conflict reconstruction activities, the EU aims at providing a real added value to modern crisis management. Despite the insufficiencies of its newly created CSDP, the EU positively contributes to cooperative security alongside other security actors. Current security challenges nevertheless require an updating of its strategy