Dissertations / Theses on the topic 'Libertà fondamentali'
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Nicolosi, Costanza. "Libertà Fondamentali e Diritto di Proprietà nella Russia Post-Sovietica." Doctoral thesis, Università di Catania, 2019. http://hdl.handle.net/10761/4099.
Full textCozzuol, Lucrezia <1991>. "Le libertà fondamentali dell'Unione europea e i contenziosi in ambito tributario." Master's Degree Thesis, Università Ca' Foscari Venezia, 2016. http://hdl.handle.net/10579/8084.
Full textBazzocchi, Valentina. "I diritti fondamentali nello spazio di libertà, sicurezza e giustizia dell'Unione Europea." Université Robert Schuman (Strasbourg) (1971-2008), 2007. http://www.theses.fr/2007STR30007.
Full textThe Area of freedom, security and justice has increasingly become one of the fundamental objectives of the European Union. This is often analysed for the benefits that it will guarantee to the European citizens as well as to all the individuals within its territory. However, this Area has a “dark side”, namely the limits that for its own nature it might entail to individual rights. This research aims at assessing whether the acts adopted in this Area guarantee a balance between the need of security and the need of protection of individual rights. References that have been used are the ECHR, the Charter of fundamental rights of the eu and the case law of the European Court and the Court of Justice. From an analysis of the legislation that has implications on data protection; a trend has emerged to consider the security aspect as a priority. From an analysis of the legislation on the procedural rights, a trend has emerged to develop the repressive aspect of criminal law. The absence of a complete system of judicial remedies in the third pillar is limit that the national judges and the European court can only partially overcome. A treaty’s reform is therefore necessary, also in order to limit interpillar conflicts. Only a parallel development of the needs of security and of protection of individual rights can ensure the achievement of a real Area of freedom, security and justice of EU
Bazzocchi, Valentina <1976>. "I diritti fondamentali nello spazio di libertà, sicurezza e giustizia dell'Unione Europea." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2007. http://amsdottorato.unibo.it/502/1/TesiValentinaBazzocchi.pdf.
Full textBazzocchi, Valentina <1976>. "I diritti fondamentali nello spazio di libertà, sicurezza e giustizia dell'Unione Europea." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2007. http://amsdottorato.unibo.it/502/.
Full textBisi, Silvia <1979>. "Libertà fondamentali e privative d'autore nella società dell'informazione: profili giuridici e tecnologici." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2009. http://amsdottorato.unibo.it/1985/1/Bisi_Silvia_Tesi.pdf.
Full textBisi, Silvia <1979>. "Libertà fondamentali e privative d'autore nella società dell'informazione: profili giuridici e tecnologici." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2009. http://amsdottorato.unibo.it/1985/.
Full textSarrion, Esteve Joaquin <1981>. "Il conflitto tra libertà del mercato interno comunitario e diritti fondamentali nel diritto dell'Unione Europea: la posizione della Corte di Giustizia di Lussemburgo quale garante dei diritti fondamentali." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2011. http://amsdottorato.unibo.it/3512/1/sarrion_joaquin_tesi.pdf.
Full textSarrion, Esteve Joaquin <1981>. "Il conflitto tra libertà del mercato interno comunitario e diritti fondamentali nel diritto dell'Unione Europea: la posizione della Corte di Giustizia di Lussemburgo quale garante dei diritti fondamentali." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2011. http://amsdottorato.unibo.it/3512/.
Full textGAETANI, ALESSANDRA. "LIBERTA' DI ESPRESSIONE LIBERTA' DI RELIGIONE: UNA QUESTIONE ISLAMICA?" Doctoral thesis, Università degli Studi di Milano, 2013. http://hdl.handle.net/2434/225439.
Full textVILLA, VALENTINA. "LE DIFFERENTI FORME SOCIETARIE SOVRANAZIONALI NEL QUADRO DELL¿UNIONE EUROPEA NELLA PROSPETTIVA DELLA CONCORRENZA TRA ORDINAMENTI E DELL¿ESERCIZIO DELLE LIBERTÀ FONDAMENTALI." Doctoral thesis, Università degli Studi di Milano, 2016. http://hdl.handle.net/2434/351705.
Full textThe work aims at examining the adoption of the so called “harmonized corporate vehicles” in the European Union, with particular attention to the legal issues connected with the right and freedom of establishment of companies within the EU, their capacity of cross-border mobility and consequent implications on the phenomenon of “vertical” and “horizontal” state competition. The work preliminarily focuses on the mobility of national companies, as well as on problems connected with their recognition in the European area, and then examines each of the harmonized corporate vehicles introduced in the EU, i.e., the European Economic Interest Grouping (EEIG), the European Company (SE), the European Cooperative Company (SCE), the Proposal of a European Regulation on the European Private Company (SPE) withdrawn by the Commission in 2013 and the Proposal for a Directive on the Single-member Private Limited Liability Company (SUP) issued in 2014. The research examines the corporate features of each harmonized vehicle, which were introduced with a view to remedy the difficulties usually encountered by business operators and national companies in circumstances of cross-border mobility, in particular while transferring the corporate seat. In fact – on one hand – the right of establishment granted by the European Treaty is full, but – on the other hand – the exercise of such right in concrete is quite difficult. In this respect, the work tries to outline that the obstacles to corporate mobility are mainly due to the diversities existing among material legislations adopted by the Member States in the corporate field, as well as to the different rules of private international law adopted by the Member States over companies. Attention is also paid to the different criteria used by the Member States to regulate cross-border transfers of the seat, which fact usually triggers the application of different applicable laws. The work examines, for each of the abovementioned vehicles, the issues connected with their incorporation, governance (including the structure and organization of managing and audit bodies), dissolution and liquidation, also paying attention to the profiles of protection of creditors. The work also explores the situation of transfer of the seat abroad through merger: this option, in fact, differently from the “typical” transfer of the seat, appears to be less difficult, mainly due to the application of Directive No. 2005/56 on cross-border mergers and also in light of the case-law of the EU Court of Justice (e.g., Sevic case), which have provided for an efficient and exhaustive regulative framework. The research includes a specific chapter on the case-law developed by the EU Court of Justice with regard to corporate transnational mobility, focusing on the Daily Mail, Centros, Überseering and Inspire Art case-law, until the Cartesio decision – which has brought some new interpretative problems on practices of transfer of the seat by limiting the choice of applicable law – and including the most recent decisions issued by the Court in National Grid and Vale Építési cases. The latter profile then triggers an analysis of the state competition phenomenon: the European citizen, in fact, can choose among different jurisdictions to incorporate his company either during the incorporation procedure or after incorporation, by transferring the corporate seat. The second option, however, appears to be quite problematic. Operators are thus required to choose the jurisdiction to incorporate their companies at the very beginning, by posing Member States in mutual competition. In this respect, anyway, the work not only outlines the presence of a “horizontal” competition (involving the different Member States), but also stresses on the presence of a “vertical” competition (involving the Member States and the EU), to verify if and how the harmonized European vehicles have been used by business operators and entrepreneurs so far. The analysis of state competition at a European level includes a digression on the long-standing competition existing in the U.S. among the 50 States, to highlight similarities and discrepancies between the European and the American model. In the last chapter, particular attention is paid to the absence of “federal corporate models” in the U.S. and to the choice of specific States which were generally deemed favorable to incorporations (e.g., Delaware) thanks to a sophisticated legislative and judiciary infrastructure implemented over years.
BERNARDONI, PIETRO. "DIRITTI FONDAMENTALI E PREVENZIONE DEL TERRORISMO NEL SISTEMA MULTILIVELLO. ALLA RICERCA DI UN BILANCIAMENTO TRA ESIGENZE DI SICUREZZA E TUTELA DELLE LIBERTÀ AI MARGINI DELLA 'MATERIA PENALE'." Doctoral thesis, Università degli Studi di Milano, 2021. http://hdl.handle.net/2434/852161.
Full textThe thesis focuses on some of the terrorism prevention tools in the light of the related guarantee statute; in particular, the listing systems developed by the UN and the European Union were considered, as well as the prevention measures governed by Legislative Decree 6 September 2011, no. 159; the attempt is to identify the common thread that unites these apparently very distant measures. From this point of view, the work moves along a twofold direction: on the one hand, the identification of the guarantees that must guard the prevention institutes, also in light of their legal nature in the perspective of the conventional concept of "criminal matter"; on the other hand, the reconstruction of the discipline of the institutes, based on national and supranational sources and jurisprudence. This analysis is contained mainly in Chapters III and IV, dedicated respectively to the identification of a possible guarantee statute valid for the prevention system as a whole and the reconstruction of the positive discipline of the institutions considered. This part, which constitutes the main focus of the work, is preceded by two chapters, with function of theoretical (Ch.. I) and historical framework (Ch. II). The first Chapter, in fact, wants to provide a frame of the conceptual coordinates in which we move in the next part of the work; it is ideally divided into three parts, which represent the three pillars of the entire thesis. The first axis, that of guarantees, is the object of attention by reconstructing the conventional and constitutional concept of "criminal matter"; the second, in some ways opposed to the previous one, focuses on the analysis of the concept of "security", understood as the value that the entire preventive anti-terrorism system is aimed at protecting. Finally, the last axis represents an attempt to synthesize the two areas already outlined, through the so-called balancing mechanism in terms of proportionality. The scheme adopted in the first Chapter is therefore re-proposed in the following and central part of the work, which has already been mentioned: the issue of guarantees is taken up and elaborated on in Chap. III; in Chap. IV, then, the analysis focuses on the institutes elaborated by the national and supranational legislator with the aim of guaranteeing “security”; in the fifth and final Chapter, an attempt is made to sift - with a view to balancing - the mechanisms set up to protect security claims in the light of fundamental individual guarantees. It is here that attempts have also been made to put forward some proposals for remodeling the system, in order to eliminate some of the aspects of its incompatibility with fundamental rights. The issue of the legal nature of the institutes examined, in the perspective in which it has been placed, is therefore played down by the centrality attributed to the criterion of proportionality as a balancing tool between opposing needs. Similarly, categories such as "enemy criminal law", "struggle criminal law " and "emergency law", even if considered in the first Chapter, are not used critically. The chosen perspective, in fact, is not that of an all-encompassing evaluation in terms of legitimacy-illegitimacy of the entire system, but, rather, an analysis that is as precise and specific as possible of the institutions examined in the light of the guarantee statute. elaborated by the Courts of Rights.
Tomasi, L. "La tutela comunitaria della vita familiare tra mercato interno e spazio di libertà, sicurezza e giustizia." Doctoral thesis, Università degli Studi di Milano, 2007. http://hdl.handle.net/2434/52020.
Full textANSELMO, MARIAIDA. "Profili comunitari del regime tributario degli enti non profit." Doctoral thesis, Università degli Studi di Milano-Bicocca, 2012. http://hdl.handle.net/10281/29833.
Full textPELAZZA, MARTA. "La coazione terapeutica. Uno studio comparato." Doctoral thesis, Università degli Studi di Milano-Bicocca, 2014. http://hdl.handle.net/10281/50168.
Full textBorner-Kaydel, Emmanuelle. "La liberté d'expression commerciale : étude comparée sur l'émergence d'une nouvelle liberté fondamentale." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1009.
Full textThe freedom of speech takes place in differents domains, and receives protection from the national constitutions and international conventions. However, concerning the commercial domain, the question of its protection may be asked. The recognition of a constitutional and conventional protection of the commercial speech is the result of many turnovers Court, but still remains disputed by some doctrine. To devote the commercial speech as a constitutional right can not only strengthen its protection, but also to create a connection between economy and the consitutional rights. Indeed, the economic nature of the commercial speech is in the middle of the discussions which it is the object, and causes it to be confronted on the one hand with the other constitutional rights, and on the other hand with the right of intellectual property and of new technologies. The presence of the commercial speech in these reflects the spread of the constitutional rights in the whole law. Finally, the recognition of this new constitutional right, under both civil and economic rights, highlights a revitalisation of the classifications' typologies of the constitutional rights
Kabou, Patrick Abou Sène. "Libertés fondamentales et terrorisme transfrontalier en Afrique." Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10052.
Full textThe African continent is facing a new phenomenon. That of religion that is instrumentalized to attack, kill, impose a philosophy: that of Islamism. A new phenomenon which for Mr. Benslama "is the absorption of politics by religion". Thus, in the space of twenty (20) years, groups claiming radical Islamism have formed throughout the continent and are distinguished by the multiplication, since the 2000s, of their violent actions towards the populations. The fight against these radical groups seems difficult because many African states seem to be affected by a legal vacuum. Hence the importance of a study on the legal means available to African States and the African Union to fight against these criminal organizations. Our problematic concerns the legal balance that we seek to establish African states to respond effectively to the rise of the cross-border terrorist phenomenon and at the same time guarantee fundamental freedoms. In the face of the ever-increasing terrorist threat, African states do not can only react. To examine this State response, it is necessary to relation to fundamental rights and freedoms and the mechanisms for combating terrorism. This reaction should, in our view, take into account on the one hand, and on the other, to include all the non-judicial mechanisms for protecting the fundamental rights and freedoms of citizens. Moreover, in order to preserve the rule of law, itis necessary to internationalize cross-border cooperation against terrorism. It works through political and military cooperation at the regional level on the one hand, and on the other hand by setting up a common legal and judicial
Quilton, Arnaud. "L'exercice des droits et libertés fondamentaux sur l'Internet." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1043.
Full textThe practice and customs from cyberspace demonstrates that the overlap between these two topics of study - internet on one hand and human rights on the other part - is permanent : by its very transcendental nature, the network of networks irradiates all the bodies of the society and therefore either directly or indirectly, all the basics Rights and Freedom, be they political, economic or social.Based on this premise, one has to identify with the most objective and accurate manner if the internet has a positive or negative impact on this body of law called « highest » : does that increases its protection and influence or, on the contrary, contributes to erosion, thus emphasizing the possible incompatibility of a theoretical right faced to a dematerialized reality? The answer to this problem, relying largely on a quantitative scientific analysis will establish that a majority of Fundamental Rights and Freedom is praised and even sublimated by the net ; at the same time, a minority of rights and freedoms, deemed to be essential within the hierarchy of basic rights, suffer from this meeting. De facto, the ambivalence of this finding will naturally lead to wonder whether it is appropriate that the theory of fundamental rights can affect, through principles in line with the technical nature of the net, the construction and sustainability of the legal framework of an internet hardly apprehandable within the « traditional » branches of the of law
Nivert, Nirmal. "Intérêt général et droits fondamentaux." Thesis, La Réunion, 2012. http://www.theses.fr/2012LARE0028/document.
Full textHow can Law define the concept of Liberty? In which ways does the theory of Law and Public Law define Liberty? Being virtually impossible to define, Liberty eludes any constraints. Nevertheless, one can sense it and on a daily basis can verify that the Liberty of some will inevitably clash with the Liberty of others. We suggest that public interest is an essential means of mediation enabling our fundamental rights to coexist. What is at stake in this study is the relationship between public interest and fundamental rights. This relationship can be of two kinds. On the one hand, insomuch as public interest is a political and legal notion intended to define rights and liberties, it is deeply rooted in fundamental rights. We will analyze the essential relationship which links public interest and fundamental rights. On the other hand, it is important to reconcile public interest and fundamental rights by conceptualizing public interest. We will therefore examine the existential relationship between fundamental rights and public interest.However, this analysis reveals that public interest remains a political concept, which has been given a legal function. It nonetheless contributes to defining the concept of Liberty. It demonstrates that a Law which would annihilate Liberty on principle would annihilate itself
Righi, Silvia <1985>. "Lotta alla criminalita' e salvaguardia dei diritti e delle liberta' fondamentali nell'U.E." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2014. http://amsdottorato.unibo.it/6567/1/righi_silvia_tesi.pdf.
Full textThe research is aimed at verifying whether and how, at the EU level, the fight against crime (particularly against organized crime) is perpetuated in full respect of fundamental rights and freedoms, and whether cooperation among Member States in this field can promote high and homogeneous standards of protection. Judicial cooperation in criminal matters and police cooperation are the relevant areas of intervention, and Member States’ reluctance to give competences to the Union has been accompanied with an even stronger delay in the emergence of the dimension of rights in those fields. The development of an equilibrated “area of freedom, security and justice” (art. 67 TFEU) has been therefore very difficult. The institutional framework introduced by the Lisbon Treaty and the legally binding value attributed to the Charter have put the basis to overcome the former situation, also thanks to the fact that, in the recalled fields, the safeguard of rights has become competence and objective of the Union. Judicial cooperation in criminal matters is at the centre of the research as it has witnessed, next to the rich normative production aimed at repression, the recent adoption of a series of legislative acts finalized at guarantying and promoting individual rights. The analysis of both types of instruments in the perspective individuated at the beginning of the presentation constitutes the content of the first part of the work. The second part concerns police cooperation and the intervention of the Union to confiscate properties and to hinder money-laundering - intervention particularly relevant in fighting organized crime. Those two fields of cooperation create risks especially in relation to two rights: the right to protection of personal data and the right to property. Given their peculiar characteristics and their common nature of non-absolute rights, they receive a particular focus in the analysis.
Righi, Silvia <1985>. "Lotta alla criminalita' e salvaguardia dei diritti e delle liberta' fondamentali nell'U.E." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2014. http://amsdottorato.unibo.it/6567/.
Full textThe research is aimed at verifying whether and how, at the EU level, the fight against crime (particularly against organized crime) is perpetuated in full respect of fundamental rights and freedoms, and whether cooperation among Member States in this field can promote high and homogeneous standards of protection. Judicial cooperation in criminal matters and police cooperation are the relevant areas of intervention, and Member States’ reluctance to give competences to the Union has been accompanied with an even stronger delay in the emergence of the dimension of rights in those fields. The development of an equilibrated “area of freedom, security and justice” (art. 67 TFEU) has been therefore very difficult. The institutional framework introduced by the Lisbon Treaty and the legally binding value attributed to the Charter have put the basis to overcome the former situation, also thanks to the fact that, in the recalled fields, the safeguard of rights has become competence and objective of the Union. Judicial cooperation in criminal matters is at the centre of the research as it has witnessed, next to the rich normative production aimed at repression, the recent adoption of a series of legislative acts finalized at guarantying and promoting individual rights. The analysis of both types of instruments in the perspective individuated at the beginning of the presentation constitutes the content of the first part of the work. The second part concerns police cooperation and the intervention of the Union to confiscate properties and to hinder money-laundering - intervention particularly relevant in fighting organized crime. Those two fields of cooperation create risks especially in relation to two rights: the right to protection of personal data and the right to property. Given their peculiar characteristics and their common nature of non-absolute rights, they receive a particular focus in the analysis.
Marinho, Sérgio Augusto Lima. "A liberdade de expressão religiosa no rádio e na televisão: soluções constitucionalmente adequadas para a colisão entre o direito à liberdade de expressão religiosa e os demais direitos fundamentais dos ouvintes e telespectadores." Universidade Federal de Uberlândia, 2015. https://repositorio.ufu.br/handle/123456789/13229.
Full textLa garanzia del diritto fondamentale alla libertà religiosa è condizione essenziale per lo stato costituzionale e assicura l\'individuo a prendere qualsiasi posizione in materia di fede, tra cui la negazione o di opposizione. Allo stesso modo, il titolare del diritto alla libertà religiosa ha il diritto di comportarsi secondo i dettami della religione e di cercare nuovi adepti alla loro fede.Di conseguenza, il diritto alla libertà di espressione religiose, non rare volte, è in conflitto con altri diritti fondamentali, in particolare quando esercitata nei mezzi di comunicazione di massa come la radio e la televisione. Pertanto, questo studio ha l\'obiettivo di esaminare come lo Stato può risolvere i conflitti che coinvolgono il diritto fondamentale alla libertà di espressione religiosa, quando esercitata su radio e televisione, e gli altri diritti fondamentali di ascoltatori e telespettatori. Per raggiungere l\'obiettivo generale proposto, tre obiettivi specifici saranno necessari, ciascuno corrispondente a un capitolo della dissertazione. Essi sono: (i) Definire il diritto fondamentale alla libertà religiosa, che deflui il diritto alla libertà di espressione religiosa e la possibilità di utilizzo dei mass media per la diffusione di dottrine e credenze religiose; (ii) analizzare la radiodiffusione e la televisione come strumenti al servizio delle confessioni religiose per la diffusione di dottrine e credenze religiose; (iii) per studiare le modalità di ricerca di soluzioni adeguate costituzionalmente ai conflitti che coinvolgono il diritto fondamentale alla libertà di espressione religiosa di individui e organizzazioni religiose, che può essere esercitato attraverso la radio e la televisione, e altri diritti fondamentali di ascoltatori e gli spettatori che possono essere colpiti da discorso religioso. La ricerca è stato sviluppato con l\'aiuto del metodo deduttivo, con particolare enfasi su argomentazione giuridici, data la necessità di bilanciare i principie, in parallelo, il metodo induttivo con considerazione della giurisprudenza della Corte Suprema. La conclusione dimostra che le soluzioni adeguate al conflitto tra la libertà di espressione religiosa e altri diritti fondamentali sono il rispetto per lo stato a regola che vieta censura e l\'obbligo di licenza preventiva e per lo promuocione de un ampio accesso dei privati e confessioni religiose per i mass media. Inoltre, sembra che qualsiasi restrizione alla libertà di espressione religiosa solo può essere considerata costituzionale se resistere alla prova di proporzionalità
A garantia do direito fundamental à liberdade religiosa é condição imprescindível ao Estado de Constitucional e assegura ao individuo adotar qualquer posição em matéria de fé, inclusive a negação ou a oposição. Semelhantemente, o titular do direito de liberdade religiosa tem o direito de comporta-se de acordo com os ditames da religião que escolheu e de buscar novos adeptos à sua fé. Via de consequência o direito à liberdade de expressão religiosa, não raras vezes,entra em conflito com outros direitos fundamentais, em especial quando exercida em veículos de comunicação em massa como o rádio e a televisão. Por isto, o presente trabalho tem por objetivo geral analisar de que forma o Estado poderá solucionar os conflitos envolvendo o direito fundamental à liberdade de expressão religiosa, quando exercido no rádio e na televisão, e outros direitos fundamentais dos ouvintes e telespectadores. Para alcançar o objetivo geral proposto,será necessária a observação de três objetivos específicos, cada qual correspondendo a um capítulo da dissertação. São eles: (i) Delimitar o direito fundamental à liberdade religiosa, extraindo-se dele o direito à liberdade de expressão religiosa e a possibilidade da utilização dos meios de comunicação em massa para difusão das doutrinas e crenças religiosas; (ii) analisar o rádio e a teledifusão como instrumentos à serviço das confissões religiosas para difusão das doutrinas e da crença religiosa;(iii) investigar os caminhos em busca de soluções constitucionalmente adequadas para os conflitos envolvendo o direito fundamental à liberdade de expressão religiosa dos indivíduos e das confissões religiosas, o qual pode ser exercido por intermédio do rádio e da televisão, e outros direitos fundamentais dos ouvintes e telespectadores que podem ser atingidos pelo discurso religioso. A pesquisa é desenvolvida com auxílio do método dedutivo, com especial ênfase à argumentação jurídica dada a necessidade de ponderação de princípios, e, paralelamente, do método indutivo com a consideração da jurisprudência do Supremo Tribunal Federal. A conclusão mostra que as soluções adequadas para o confronto entre a liberdade de expressão religiosa e outros direitos fundamentais passam pelo respeito à regra da vedação da censura e da licença prévia e pela promoção do amplo acesso dos indivíduos e confissões religiosas aos meios de comunicação em massa. Ademais, verifica-se que qualquer restrição à liberdade de expressão religiosa somente pode ser considerada constitucionalmente adequada se resistir ao teste da proporcionalidade
Mestre em Direito Público
LATRONICO, NATALIA. "I DIRITTI DI DIFESA NEL PROCEDIMENTO ANTITRUST DINANZI ALLA COMMISSIONE EUROPEA." Doctoral thesis, Università degli Studi di Milano, 2019. http://hdl.handle.net/2434/616379.
Full textVézina, Guy. "Égalité femme-homme et liberté religieuse : deux droits fondamentaux qui s’opposent ?" Mémoire, Université de Sherbrooke, 2014. http://savoirs.usherbrooke.ca/handle/11143/5356.
Full textRipoche, Elléa. "La liberté et l’ordre public contractuels à l’épreuve des droits fondamentaux." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020061.
Full textFar from being exclusively hierarchical, the relationship between the contract and fundamental rights also appears to be dialectical. The phenomenon of the fundamentalization of the contract, leading to the restriction of contractual freedom, is met by an inverse phenomenon of the contractualization of fundamental rights, tending on the contrary to promote it. The emergence of fundamental rights disturbs as much as it exalts the contractual freedom, which constitutes therefore the core of the interactions between contract and fundamental rights. It is in the light of a renewed reflection on contractual public order that the solidarity of these two antagonistic phenomena can be tested, and their relationship systematized. Owing to reciprocal influences, the meeting of the contract and fundamental rights is indeed the source of a new contractual balance. Fundamental rights are gradually replacing public order and are changing both its structure and substance. More specifically, it is the articulation of contractual freedom and public order that operates differently, so that it appears, tested by fundamental rights, in a new light. Both an order to promote and limit freedom, contractual public order turns out to be, above all, an order to establish freedom
Gautier, Jean-Louis. "Hospitalisation psychiatrique sous contrainte et droits fondamentaux." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32034.
Full textThe old law on insane people has often been criticized but none of the numerous attempts of reform, that it has met throughout its history, has prevented the outstanding move of cares towards more liberty, notably through sectorization. The lack of adaptation of the monarchist law made the legislator act in 1990, but the action was very relative as 90-527 law only rephrased, with some updates, the means to constrain to a treatment abiding by public policy. But, the new law, intended for the improvement of liberty and the protection of hospitalized insane persons, had paradoxical results: an extension and a reinforcement of psychiatric constraint, which made reappear the criticisms of jurisdictional dualism, which psychiatric hospitalization is subjected to. The court relentlessly reaffirmed its attachment to the principle of separation of administrative and judiciary authorities, while it was rejecting the legal argument’s unification of the psychiatric hospitalization without agreement in favor of the judicial judge. The High Court, with an adjudication dated from February 17th, 1997, made a rationalization of disagreement’s skills which allowed the jurisdictional plan to reveal its efficiency : administration, nowadays, has to make sure the hospitalization is respectful of procedures, it would be compulsorily sanctioned in case of a breach of the rules (First part). Nevertheless, hospitalized persons without acceptance should worry about the high-level of guarantee of their rights. Since 1997, an imminent reform of this law has been expected. Numerous reports and studies have led to sanitarian or security order proposals, which sparked concern. The measures about the statement of penal irresponsibility due to mental disorder, and tackled in 2008-174 law, kept feeding these concerns making the situation of persons forced to psychiatric cares worse. The bill submitted to the President of the national assembly on May 5th, 2010, confirmed this evolution. The text pending the parliamentary institution has a sanitarian aim, but the individual right to health protection would justify a constraint that public order can not establish ; the necessity of psychiatric cares would not only be based on the external manifestation of the disease as an aspect of civilian life. Moreover, even if the constitutional Council’s requirements, defined during a major questioning of the constitutionality of the maintenance of constrained hospitalization, are an enhancement, the increased presence of a judicial judge during the procedure would not ensure better guarantee as long as the new disposals operate a deep transformation of judges' duties, notably if they are associated with the decision of constrained cares. Against all expectations, the sanitarian aspect of the measure, when it turns to be an end in itself and is not dependent on public order, is dwindling liberties (Second part)
Huc, Olivier. "La mission de police judiciaire et les libertés fondamentales." Paris 2, 1990. http://www.theses.fr/1990PA020030.
Full textWhile performing its duties, the criminal investigation department may breach civil rights stated by national or international laws and regulations. The judiciary, the duty of which is in particular to direct or supervise the criminal investigation department's task, is in charge of the protection of civil rights as the 1958 constitution positively states. It must therefore attend to the respect of civil rights and protect them against possible violation by the criminal investigation department. In our research, we have noticed that the judicial system established by the criminal proceedings code in the early sixtees was almost not respected any more in everyday practice during the 1980-1990 decade, with regard to the judiciary's control over the acomplishment of different stages of the criminal investigation department's duty
Ghanem, Joëlle. "Le juge administratif des référés gardien des libertés fondamentales." Montpellier 1, 2007. http://www.theses.fr/2007MON10036.
Full textPérin-Dureau, Ariane. "L'obligation fiscale à l'épreuve des droits et libertés fondamentaux." Paris 1, 2012. 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%3D132.
Full textLauzeral, Nicolas. "La liberté d'objection." Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10025.
Full textConscientious objection remains an attractive topic. As it is at the meeting point of many different legal theories, trying to define such a concept requires an open mind and a critical study of all the different epistemological views that have been exposed without being challenged for far too long. Because conscientious objection has always been perceived as a simple individual questioning, it seems necessary to offer a more specific conception of it within the context of individual rights and freedoms. As an individual right, conscientious objection means the subject intentionally refuses to obey to the law they should respond to because they find it unfair. What was initially a simple individual claim condemned for being illegal, has become acceptable and granted by different legal systems, thanks to an ever increasing movement of individualization of rights. This raises the question of whether or not it is possible to link the refusal to obey the law to the principle of obedience to the law. Among all the techniques you can find in the legal system, it seems that approaching the issue through the prism of exception is the most efficient way of keeping the legal system in one piece/ intact. Conscientious objection can thus be viewed as a technique used to resolve a normative conflict between individual conscience and law. This concept has gained more and more praise as new fundamental problematics around the question of human nature have emerged. All this leads to an essential questioning on how conscientious objection can be protected within legal rights and fundamental freedoms systems
Latil, Arnaud. "Création et droits fondamentaux." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30073/document.
Full textThe legal approach to the notion of creation is vague. It is traditionally considered in the light of intellectual property rights (copyright, patent, design, etc.), but this approach is insufficient. Fundamental rights show us this. They let us distinguish between its different dimensions: creation as both a human activity (a creative act) and an object of property (a creative good). The freedom of creation protects and ensures the creative act. However, the nature of the former remains unclear. It fluctuates between falling within the freedom of expression and the freedom to conduct a business. Furthermore, the proportionality test leads to the limits of creative freedom being examined in terms of “laws of the creative type”. Fundamental rights then require us to go beyond the concept of the creative act as a message.The creative good is protected by property law. Fundamental rights, however, bring into question the French concept of a creative good by further emphasising their economic aspect. Moreover, the proportionality test means retracing the boundaries of property law by taking into account its social functions. Fundamental rights therefore blur the line between property law and unfair competition law
Koki, Kouamé Hubert. "Les droits fondamentaux des personnes morales dans la convention européenne des droits de l'homme." Phd thesis, Université de La Rochelle, 2011. http://tel.archives-ouvertes.fr/tel-00808648.
Full textHattab, Zoulikha. "Droits et libertés fondamentaux en droit musulman : le paradoxe de l'universalite." Thesis, Avignon, 2018. http://www.theses.fr/2018AVIG2064/document.
Full textIt is fundamental to study the compatibility of Islam and human rights in view of the horrors that are done in the name of Islam. We shall compare the universal vision and the islamic vision of human rights, keeping in mind that the paradox comes from the very universality of the fundamental rights and liberties. Thus, there should be only one unique conception of human rights. The second paradox is indeed the very universality of Islam, a religion that protects and oversees human life very strictly. Human rights are part of the universal vision of human rights but they converted into fundamental rights since they are enacted by a large majority of States in their Constitutions. The Arab-Muslim States also elevate fundamental liberties to constitutional status, without ever excluding Islam. It is hence interesting to understand how the Arab-Muslim States come to extract from Islam and its primary sources fundamental rights and liberties with all the difficulties and limits they have to face
Cassin, Fabrice. "Le rôle des autorités administratives indépendantes au regard des libertés fondamentales." Paris 2, 1995. http://www.theses.fr/1995PA020106.
Full textClémot, Éric. "Garde à vue et libertés fondamentales en droit français et canadien." Montpellier 1, 1994. http://www.theses.fr/1994MON10023.
Full textThis study of police detention and fundamental freedoms in french and canadian law demonstrates clearly the difficulty that exists in obtaining a proper equilibrium between the powers of the police and the fundamental rights of an accused person in a democratic state. Inherent to the aims and role of the police, such detention will provide the investigating officer the opportunity to confront and interrogate an accused during a milited time period. However, presumed innocent, every individual must be treated humanely and advised of his her rights in order that he she may begin the preparation of a defence. Unfortunately, legal texts and police and judicial practice in france have failed to ensure an effective protection of fundamental rights and freedoms. On the other hand, the canadian charter of rights and freedoms, as well as the rule of confessions at common law, have upheld and solidified these rights in the canadian society but at times to the detriment of the search for truth
Allegaert, Véronique. "Le droit des sociétés à l'épreuve des libertés et droits fondamentaux." Nantes, 2004. http://www.theses.fr/2004NANT4020.
Full textGervier, Pauline. "La limitation des droits fondamentaux constitutionnels par l’ordre public." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40058/document.
Full textThe dialectics of public order and freedoms has been traveling throughout legal thought since the 18th century. Sparked by new forms of delinquency and criminality, the strengthening of public order requirements leads to questioning the limitation of fundamental constitutional rights. Despite its crucible place between public order and freedoms, the limitation process remains undetermined in French law. This research, which aims at determining the limitations to protected rights, identifying the limitations to those limitations themselves, and then redefining fundamental rights through those limitations, not only helps to specify this mechanism, but also to identify the restrictions brought to the enjoyment of rights and freedoms. The Conseil constitutionnel self-restraint reveals a gradual shift in the protection of fundamental rights. Acknowledging the former leads to considering a supra legislative framework to the limitations to protected rights, and advocating in favor of the constitutional entrenchment of such a clause
Civello, Conigliaro Silvio. "Il diritto penale dell'unione Europea tra sicurezza e diritti fondamentali." Thesis, Paris 10, 2017. http://www.theses.fr/2017PA100036.
Full textThe research analyses the development of criminal law and policies of the European Union, assuming that the pursuit of security and the protection of fundamental rights have been its main driving forces and principal justifications for criminalisation.It aims, therefore to clarify what “security” and “fundamental rights” mean in this context, and to show how EU intervention in criminal field, following security and fundamental rights policies, affected and reshaped the traditional principles and categories of substantive criminal law.The research try to identify some coordinates to clarify the nature and limits of security as a protected legal interest and the purpose of protection of fundamental rights in their complex interrelationship, and their role in the Common area of Freedom, Security and Justice - which is being built by the Union also through the harmonisation of criminal law.The starting point is the marked expansive trend in criminal matters due to the current conditions of the State and of representative democracy, typical of the contemporary society.After making some preliminary considerations on western postmodern “risk” society, to highlight the challenges faced by the traditional assumptions of the liberal theory of jus puniendi, I will evaluate the evolution of principle and fundamental categories of criminal law, whose structure is being put under pressure by European harmonisation.The research belongs to the field of criminal law and EU law theory. It extensively rely on influential scholarly analysis developed in those fields and on the analysis of the relevant provisions of the Treaties and secondary EU sources, as well as on the most relevant rulings from the ECJ, also trying to pull out some broad considerations form the political and institutional document produced by the Commission, the EP and the Council of the EU
Lavau, Céline. "Liberté d'expression contre liberté de religion : la problématique du respect des sentiments religieux." Toulouse 1, 2011. http://www.theses.fr/2011TOU10001.
Full textTwo fundamental freedoms, the freedom of expression and the freedom of religion, apparently complementary can reveal to be contradictory and thus lead to confrontation. Those who publicly express their opinions shall not do it beyond certain limits. The law allows followers of aknowledged religions (whether monotheistic or polytheistic) to defend themselves against the most serious offenses. To face an often unclear legal might and an unavoidably subjective topic, the judge, as the "guardian of freedoms", does not have an easy task. Additionnaly, attempts toward conciliation (that is, search for a balance) have not enabled to solve all the conflicts generated by the confrontation and they continue to generate violently destructive passions. The problem is exacerbated by community groups, which with an unclear purpose and confusing political and economical position have been feeding off religious beliefs. As a result, the trend has been to seek solutions upstream to preserve a Freedom of speech and avoid conflicting situations
Leloup-Velay, Mélodie. "L'assurance face aux droits fondamentaux de la personne humaine." Thesis, Paris Sciences et Lettres (ComUE), 2017. http://www.theses.fr/2017PSLED007/document.
Full textThere is an increase in the focus on fundamental rights in the French insurance landscape. This tends to change the nature of the disputes involving both the insurer and the insured. The right to equality and the protection of one’s privacy hinder the insurer's use of new actuarial techniques and the use of tools provided by the Internet. Thus the European Court of Justice’s decision on March 1st 2011 forbids the difference in premium between men and women.For the insurer, supervisory authorities and share economy can threaten its rights to legal certainty, fair trials and freedom of enterprise. It seems to have no equivalent in the protection level of the fundamental rights of the insurer compared to those of the insured. This imbalance is justified by the social role of insurance, a role recently challenged by the absence of respect towards the basic principles of insurance and the lack of predictability of the claims’ costs
Pignard, Isabelle. "La liberte de création." Phd thesis, Université Nice Sophia Antipolis, 2013. http://tel.archives-ouvertes.fr/tel-00868027.
Full textCogulet-Bonnet, Fabienne. "L'Incidence de l'âge sur les droits de l'homme et les libertés fondamentales." Limoges, 2007. http://www.theses.fr/2007LIMO1006.
Full textNowadays, the age occupies a singular place in the setting of human rights and of fundamental freedoms. Such has however not been always the case. The first international texts on human rights appear indeed relatively ambivalent on recognizing an international status of human being enjoying rights and freedoms, whatever the age of the individual. This recognition finally came from case law. Regarding fundamental freedoms however, it took more time and efforts to establish the principle that age does not impact their enjoyment. While it is easily accepted that life should be protected whatever the age, it has been difficult to rationally justify the need to recognize that individuals who have no judgement capacity are yet able to enjoy freedom. In fact such a recognition would not close the question whether age is an accurate criteria to be taken into account to guarantee their exercise. However, the clear position of the european Court for human rights that the very young and the very old individuals should also be protected by its Convention for the protection of human rights and fundamental freedoms, has moved into a mandatory requirement year on year. Today, age is not only part of the identity of individuals: it provides information on their particular physiological status. At least for the european Court for human rights, age has become a key criteria to ensure respect of rights and freedoms in practice
Le, Bot Olivier. "Le référé-liberté fondamentale : contribution à l'étude de l'article L. 521-2 du code de justice administrative." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32036.
Full textThe « référé-liberté fondamentale » is a brand-new proceedings, introduced in litigation administrative law, by law 2000-597 of June, the 30th 2000. On one hand, this proceedings of the article L. 521-2 of the administrative justice code has been made up to struggle serious situations, considered as exceptional. Indeed, law requires that a serious and illegal damage turns out to be a fundamental liberties’ outrage, and so needs a very quick action from the judge to stop it. On the other hand, this law line derogates from the common law of the administrative process in order to give the presumed victim of this outrage a quite wide protection of her fundamental freedoms. Following the ordinary latino-american amparo logic, the « référé-liberté » offers the applicants a quick and efficient jurisdictional protection of their freedoms in exceptional situations, when they are seriously menaced by the public authority’s acts and deeds
Minot, Lilian. "Le juge administratif du référé-libéré et la protection effective des droits et libertés fondamentaux des administrés." Thesis, Dijon, 2011. http://www.theses.fr/2011DIJOD009.
Full textRegarding citizens’ effective protection in terms of fundamental rights and liberties, the administrative judge has, for a long time, been overshadowed by his judicial counterpart, because of a chronic ineffectiveness concerning urgency procedures. However, lawmakers have redressed that situation in particular by creating the “freedom summary procedure” which explicitly aimed at transforming the administrative judge into an actual custodial judge in the same way the judicial judge is for illegal administrative acts. In the ten years following that creation, the administrative judge has fully seized the opportunity to compete with the judicial judge thanks to a progressive and constructive judicial policy. This policy resulted in a significantly extended conception of the notion of “fundamental liberties” and in the appearance and development of injunctive actions to protect them. The range of liberties considered as fundamental as well as the consequent degree of their protection will undeniably serve the aim of a rise of the administrative judge to the rank of effective protector of the citizens’ fundamental rights and liberties
Wandji, Kemadjou Gill Bertrand. "Les droits et libertés fondamentaux du salarié : réflexion sur la hiérarchie des normes." Paris 2, 2007. http://www.theses.fr/2007PA020078.
Full textEtoa, Samuel. "Le passage des libertés publiques aux droits fondamentaux : Analyse des discours juridiques français." Caen, 2010. http://www.theses.fr/2010CAEN0091.
Full textThe reference to ‘fundamental rights’ is now preferred than the older and probably more classic ‘public liberties’ terminology in French legal discourse. This phenomenon is surprising for who remembers that the term ‘fundamental rights’ is essentially presented as specific to German law where he takes a particular meaning. The question of replacing ‘public liberties’ by ‘fundamental rights’ takes a particular turn once found in French law. Indeed there is not in French law a similar protection to those enjoyed by ‘Fundamental rights’ in Germany. This observation has not yet prevented doctrine, including Constitutionalist, and the jurislator to steal the vocabulary of the ‘fundamentality’ of rights. The objective of this thesis is therefore double. He first comes to wonder about the reasons to explain this terminology substitution. We we’ll ask in a second time, if the use of the expression ‘fundamental rights’ refers to the existence of a legal concept, otherwise to a specific object, with specific characteristics, and determined a priori
Zwolinska, Monika. "Sécurité et libertés fondamentales des communications électroniques en droit français, européen et international." Thesis, Nice, 2015. http://www.theses.fr/2015NICE0038/document.
Full textThe impact of today’s information and communication technologies is essential forthe exercice of human rights, particularly concerning freedom of expression and privacyprotection. With the massive use of Internet, mobile phones and – more recently – other smart objects and digital services, the tension mounts with respect to establishing the limit between public and private space online. Likewise, the freedom of expression, communication and information are at risk as - under the pretext of fighting cybercrime and cyber terrorism, as well as maintaining public order - public authorities interfere with online contents by controlling, monitoring, restraining or prohibiting it. Especially as both States’ and private companies’ capacities in creating extremely precise databases identifying information on persons’ consumption habits, itineraries, thoughts and opinions gradually increase. Therefore, the need to redefine the way in which the respect of fundamental freedoms is taken into consideration in the context of digital environment becomes urgent
Cicurel, Ilana. "La liberté de critique." Paris 1, 2005. http://www.theses.fr/2005PA010284.
Full textGargiulo, Sheila. "Energie, droits de l'homme et libertés fondamentales : Etude comparée entre l'Italie et la France." Paris 1, 2010. http://www.theses.fr/2010PA010285.
Full textLarsonnier, Virginie. "Les principes fondamentaux reconnus par les lois de la république dans la jurisprudence du Conseil constitutionnel." Montpellier 1, 2002. http://www.theses.fr/2002MON10032.
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