Dissertations / Theses on the topic 'Loi de police, jurisprudence'
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Zamzam, Abdel Moneem. "Les lois de police dans la jurisprudence étatique et arbitrale : étude comparée franco-égyptienne." Dijon, 2003. http://www.theses.fr/2003DIJOD002.
Full textIn the last few years, there has been an important change in private international law concerning mandatory rules. These rules raise a number of problems, which are very difficult to solve. As far as theory, legislation and doctrine are concerned, it is necessary to look into the problem of the identification of mandatory rules and of their enforcement. A comparative study of French, Egyptian and Muslim law can help us have a better understanding of mandatory rules and define their position in relation to the mechanisms of private international law. Are they used to demolish private international law or are they used, on the contrary, to safeguard the system of the conflicts rule?These questions must also be studied in relation to national case law. It seems to be all the more interesting to compare the position of the doctrine with that of case law in Egypt and in France (especially as regards the mandatory rules of a foreign State) as it is impossible to believe totally in its enforcement. Finally, according to arbitrators, the arbitrability of the dispute does not necessarily depend, contrary to what some authors have noticed, on the existence of a mandatory rule, but it rests on the notion of "libre disposition" laid out in article 2059 of the French Civil Code, whereas article 2060 of the selfsame Code seems to establish a useless requirement. Yet, the nature of the solutions relating to this field is obvious in French, Egyptian and Muslim law, even if Muslim law attributes to arbitration a wider domain than substantive law. Besides, the international arbitrator, in law or as an "amiable compositeur", selects, like the judge, the mandatory rules according to the following principle: Mandatory rules are applicable on the territory of the State on which facts are localized
Zhao, Yi. "La loi de police en droit international privé français et chinois." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0001.
Full textThe overriding mandatory provisions in Chinese private international law is imported and its legislative definition is incorporated by the European one. Although the French definition of overriding mandatory provisions and the Chinese definition are not textually identical, it seems to us that the notion of overriding mandatory provisions does not change depending on whether it is French law or Chinese law. However, having been provided for by Chinese positive law only since 2011, the overriding mandatory provisions mechanism is relatively young, not only with regard to this mechanism itself but also to its relations with other mechanisms of private international law having links with it, such as the international public policy exception. We will seek French experiences in this area and study the French and Chinese notion of overriding mandatory provisions, other mechanisms of private international law in connection with them and their illustrations in case law. Despite the criticisms, the immediate and mandatory application is always the most important character of the overriding mandatory provisions of the forum in the direct instance, but this is not the case for foreign overriding mandatory provisions or for the indirect instance. According to French and Chinese case law, the non-respect by the foreign judge or by an arbitral tribunal of the overriding mandatory provisions of the requested state does not automatically result in the refusal of recognition or enforcement. Regarding the foreign overriding mandatory provisions, the Chinese legislative text is silent, but this does not mean that their application or take into consideration is prohibited in Chinese law
Delhoste, Marie-France. "L'indépendance des législations : un principe jurisprudentiel controversé à contrecourant de l'évolution législative : étude dans le cadre des polices administratives spéciales." Toulouse 1, 1999. http://www.theses.fr/1999TOU10071.
Full textGreen, Sheila Mary. "Montaigne and la boetie: "Coustume," "loi," "justice" and "police"." Diss., The University of Arizona, 1996. http://hdl.handle.net/10150/288723.
Full textMélin-Soucramanien, Ferdinand. "Le principe d'égalité dans la jurisprudence du Conseil constitutionnel." Aix-Marseille 3, 1996. http://www.theses.fr/1996AIX32039.
Full textThe case law of the constitutional council concerning the principle of equality forms a consistent whole. The lawmaker must respect not only the principle of equality in the law but also under the law. Nevertheless, the lawmaker is free to exercise a large discretion and in particular cancreate positive discrimination. The case law of the constitutional court reveals that the constitutional judge, whilst adopting the universalist conception of the principle of equality which has prevailed in france since the revolution, applies this principle with a certain degree of moderation
Messi, Maximilien. "Nul n'est censé ignorer la loi fiscale." Paris 2, 2004. http://www.theses.fr/2005PA020012.
Full textThe adage according to which nobody is supposed to ignore the law states an irrefragable presumption about the knowledge of the published law. Its importance is particular in the tax domain as the tax law is an instrument used to share the public expenditures among the individuals. It obliges, urges and protects against the arbitrariness of the tax power. It should be the first taxpayer's guarantee. The effective knowledge of the tax rule is a two-phase process: one material and one intellectual. In order to better maintain its status, the taxpayer must determine the disposition which specifically concerns him. May he ever find it, he would have to face the uncertainty of its application. Determining the tax rule is not that easy. It implies the search for the applicable law: written or non-written. The knowledge of the written tax rule is difficult because of its complexity. The codification solves this by favouring its access and intelligibility. But it has been spoilt by the failures of the original rule, besides the absence of praetorian fiscal rules codification system. The judge responsible for fiscal matters indeed creates rules not easy to know about, as numerous defaults accompany their implementation. These rules allow, among others things, an interpretation of the tax law. Nevertheless, the knowledge of this interpretation is not certain. As each measure has got a vast number of meanings and can depend on various interpreters' appreciation, the taxpayer does not know a priori how to enforce it. As well, the reception of this interpretation is uncertain because of factual and lawful reasons, and possible existing differences in interpretation
Cerutti, Christiane. "Le Conseil d'État et la Loi." Nice, 1994. http://www.theses.fr/1994NICE0018.
Full textMelhem, Mahmoud. "Le testament et l'héritage au Liban selon la jurisprudence religieuse et la loi positive." Perpignan, 2007. http://www.theses.fr/2007PERP0751.
Full textAgeneau, Hervé. "Le principe d'égalité dans les lois fiscales : essai sur la jurisprudence du Conseil constitutionnel." Paris 2, 1997. http://www.theses.fr/1997PA020013.
Full textThe 13th article of the 1789's human rights declaration affirms a specific principle of equality, so called principle of equality before taxation. This constitutional principle is a "principle of differentiation" that requires the lawmaker - when he enacts the tax provisions - to adjust the contribution of each taxpayer only to his taxable capacity. But this criterion is so unclear that the specific principle of equality before taxation can not be the only principle of equality in tax law, as the tax system of the assemblee nationale constituante shows us. Tax law seems to be a "battle field" between principle of equality before taxation - that requires discrimination - and a general principle of equality that requires non-discrimination. Controling the tax laws, the conseil constitutionnel has neutralized the principle of equality before taxation, which he applies as a sub-principle of the general principle of equality. So the method used to find a justification to fiscal unequal treatment is not an original one. The grounds must be either unlike cases or general interest. Actually the relations between the ground of the tax provision and its aim are more complex. The conseil constitutionnel opportunely admits many unequal treatments, considering they are justified by taxpayers in unlike circumstances. This differentiation can be set on every criterion linked to the aim of the law, and not only on the taxable capacity. In order to safeguard the parliament jurisdiction, the conseil constitutionnel strengthens his judgement by taking into account the general interest. This process lead to unjustified solutions from the viewpoint of equality. Consequently, the search of an unmistakable breach of equality before public expenditure (rupture caracterisee de l'egalite devant les charges publiques) can be a good method of control, it is already often used by the conseil constitutionnel
Abeille, Etienne. "Le dialogue entre la loi et la jurisprudence dans le droit de la responsabilité médicale." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32016.
Full textAbove all, except some scattered and incomplete texts, medical disputes issues are binded by case law and jurisprudence. In theses matters, court decisions helped in not only answered personal issues but also ruled what can be called the medical liability rights. However, under french medical system, rules can only be made by the congress and not the judge. That’s the reasons why the congress intervened to challenge some contradictory court decisions that couldn’t lead to a clear applicable rule. One of congressists’ achievments was to help victims to be indemnified as quick as possible. This massive intervention and offensive of the law of 2002, made contrast, frontally, with the former situation dominated by case law decision. In fact, this situation leads to the classical issue of the difference between rules edicted by the law or by the court decisions
Debrenne-Dehay, Emmanuelle. "La loi d'orientation et de programmation relative à la sécurité du 21 janvier 1995 : une politique publique de sécurité?" Paris 10, 2004. http://www.theses.fr/2004PA100194.
Full textDoes the Bill dealing with security-related orientation and programms (S. R. O. P. Bill), passed on January 21st, 1995, define a global public security policy ? The purpose of the present thesis aims at answering that question. Starting from affirmative presuppositions, the author endeavours to demonstrate that the " important Pasqua Bill " did offer all the constituting elements to define a public policy, insofar as it aimed at reaching a political object : to wit, the fight against insecurity. It reaches that purpose while resorting to judicial means : reforming the National Police Forces. Finally, its recommended measures will be endorsed by the creation of the Proximity Police, under Jospin's Government. This reform of Security Forces actually provides the opportunity of a deeper transformation of the organisation of the French Civil Service, as it rests upon the concepts of proximity, and the co-production of security or partnership. Thus, the will to transform the Public Service of the Police, a regalian prerogative, partakes of the great reform of the State. Moreover, security has been introduced into our Law thanks to a genuine codification of security-related norms, which amounts to the creation of a new " security Law ". As for the right to security, formulated for the first time in the " S. R. O. P. Bill " and later on, consecrated within the Daily Security Bill, it is a mere reviviscence of the Right to Safety set forth within the Declaration of Human Rights. Despite the legislative consecration of security, the setting up of proximity security policies leads the State to free itself from its commitments. Beyond any political alternation, the global reflexion of the State - about what a Security Public Policy should consist in - is a failure, as demonstrated by the adoption, in Parliament, of too numerous Bills related to that specific topic. So, one can state that the ultimate reform of Home security actually finds itself in midstream
Marinese, Vito. "L'idéal législatif du Conseil constitutionnel : études sur les qualités de la loi." Paris 10, 2007. https://tel.archives-ouvertes.fr/tel-00626046.
Full textThe law is nowadays a recurring matter of concern. Specialists have declared the law crisis. Considering this statement of fact, it is worth wondering about the law’s qualities. Across the centuries, the law crisis appears to be a reflection of a persistent ideal. The existence of a Constitutional Court responsible for monitoring the law arises the question of the extent of the role played by judges in strengthening the quality of the law. It appeared that the Constitutional Council was standing up for a certain conception of the law, close to a legislative ideal inherited from the Enlightment Period and inspired by Antique democracy. The issue was to determine the qualities defended by the Constitutional Council and the end towards which it strived: effectiveness of human rights, efficiency of the law, juridical security, democratic principles. Whereas the legislative ideal of the Constitutional Council is clearly set out, in practice, the possibility of its realisation appears derisory. The legislator and, ultimately, the citizens turn out to be the keys to the resolution of the crisis
Bonneau, Thierry. "La Cour de cassation et l'application de la loi dans le temps." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb37603150x.
Full textHernu, Rémy. "Principe d'égalité et principe de non-discrimination dans la jurisprudence de la Cour de justice des communautés européennes /." Paris : LGDJ, 2003. http://catalogue.bnf.fr/ark:/12148/cb39022241n.
Full textGleave, Robert. "Inevitable doubt : two theories of Shī ' ī jurisprudence /." Leiden : Brill, 2000. http://catalogue.bnf.fr/ark:/12148/cb40962564c.
Full textBeauparland, Colette. "La liberté d'accès aux documents administratifs : la loi du 17 juillet 1978 et sa jurisprudence (1978-1985)." Clermont-Ferrand 1, 1986. http://www.theses.fr/1986CLF10002.
Full textBeauparland, Colette. "La Liberté d'accès aux documents administratifs la loi du 17 juillet 1978 et sa jurisprudence, 1978-1985." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb37595792p.
Full textPodraza-Scripzac, Edith. "La fonction de jurisprudence du Conseil d'État." Artois, 2007. http://www.theses.fr/2007ARTO0301.
Full textStudying the jurisprudentially activity of French Council of State could easily mean that we will, again, study the Jurisprudence, and establish if it is source of law or not. In reality, the purpose of this work is different. Considering the jurisprudentially activity of French Council of State was inevitable in a context where this Highest Court of the administrative jurisdictional order meets more and more competitors in its mission of making law. We could study the influence of European Court of Human Rights or the one of the Justice Court of European Community on French Council of State, but our work is mainly dealing with the activity of jurisdictions created in 1987 : the Administrative Courts of Appeal. Indeed, these Courts were created to release French Council of State in its mission of making the jurisprudence. And today, these Courts of appeal know a great activity in setting the jurisprudence, in such a way that we can wonder if, after twenty years of practice, these Courts are not competing with French Council of State in the activity of making law. By a pragmatic analysis of different stratagems used by French Council of State to continue to have a monopoly of making law, we can see that the Highest Court of the Administrative jurisdictional order is always present and very active on the jurisprudentially scene, as such as the decline of the prescriptive activity of French Council of State is not again topical, even if the Courts of Appeal take up a greatest space in this activity of making law
Franc, Patricia. "La réception par la jurisprudence de la législation sur le crédit à la consommation." Thesis, Saint-Etienne, 2015. http://www.theses.fr/2015STETT117/document.
Full textConsumers often engage themselves in a consumer habit in order to purchase domestic appliances or furniture. They can stand by protection when the parties begin to negociate and during the whole life of the contract. Consumer protection can be effected through a multiplicity of rules. First of all, there are the common rules. This rules are in the Code civil. A special law for consumers was born during the seventies. The first consumer credit law in France was the SCRIVENER law, 1978. Often modified since this date. The last significant modification resulted from an European directive, which was transfered by a law n°2010-737 on first july 2010. The main purpose of my research is to observe how the Cour de cassation articulates special and common rules. Does the special law really protect consumers ? Special law is very formal. Is it a chance or a problem for consumers ? If it is a problem, how the Cour de cassation can get around it ? Are common rules useful ?
Chino, Hadrien. "L'autorité de la loi sous le Haut-Empire : contribution à l'étude de la relation entre la loi et le prince." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020084.
Full textThe restoration of the Republic led by Octavian marked a new start of legislative activity, said to be "flourishing" by Ovid (Met.,2.141), "under the leadership of the righteous" Augustus (Met.,2.141). As part of his funeral honours, Augustus being so closely related to his legislative work was made clear when it was suggested that the name of each law were to be inscribed on the banners for the funeral procession. The lex accompanied Augustus to his tomb. Little by little his successors no longer resorted to the lex and a few decades after Augustus decease, the unique function of the law was to acknowledge the powers and honours decided by the Senate and conferred to the Emperor at the beginning of his reign. That law was the last formal expression of the will of the populus Romanus: because it originated from the people and established the basis between the Prince and his status, his power and the activities that rose from it, it particularly caught the attention of the Prudentes. Though they may have noted the general disruption of the sources of the Law, resulting from the normative interventions of the emperor, it was only the part of jurisprudence that the prince had associated with his justice and therefore the production of norms,, that enhanced the normativity of the forms expressing the imperial will. The identity of the imperial constitution formed on the lex was the beginning of a new legal order, coherently based upon the consensus between the emperor and the Prudentes rather than upon the various organs of the Republic. Their resorting to the authority of the Law to characterize the imperial constitutions and their ability to assess change, ensured that an activity that started at the beginning of the civitas could continue
Otiso, Wycliffe. "La loi, l'Etat, la société et la police locale au Kenya : étude de cas dans le comté de Kisii." Thesis, Pau, 2017. http://www.theses.fr/2017PAUU2022/document.
Full textThe thesis entails the study of the changing nature of local forms of governance in Kisii County situated in south-western Kenya. The study entails situating the histories of local policing groups operating in Kisii County between 1990-2016, focusing on the nature, modes of operation and interaction with legal and political processes. It examines actors at the societal level, their everyday activities and their relationship with the state in seeking to explain local policing (community policing and vigilante) trajectories as influenced by legal and non-legal dynamics. It examines the place of law in determining the nature of non-state enforcement of law and order and the extent to which it has played a role in reforming policing practices from vigilantism to community policing in Kisii County. It also examines social and political factors, how they affect policing practices and outcomes with an objective of advancing alternatives for better representations of the function of law and for purposes of improving governance. These factors are contextualized within the broad changes in the macro governance structure catalyzed by constitutional reforms. The study undertakes such examination through the use of qualitative methods of inquiry primarily the use of interviews and also review of relevant primary and secondary sources including books, scholarly journals, legislation and law reports. The study reveals that generally there are gains on wider participation and inclusivity in local governance mechanisms compared to pre-existing policing strategies as practiced by police and vigilante which had minimal community involvement. The increased instrumentalization of law by the state has made little contribution to the gains associated with the development of nuanced forms of community policing. Rather the changes in policing are attributable to dynamic everyday uses of law and societal action by community members in joint local governance mechanisms hence increasing the potential for better state-society relations. The study concludes that notwithstanding a number of changes towards non-violent crime fighting, the transition has not been seamless as gains on state-society relations and improved societal adherence to law are compromised by episodes of use of force, asymmetries in the co-operation between the local government administration and the community, inadequate support for community policing and existing cultural constructs on governance. (gouvernance, local policing group, vigilante, community policing, Kissi Kenya)
Thomas, Lucie. "L’application du principe d’interprétation stricte de la loi pénale par la chambre criminelle à l’aune des mutations de la légalité criminelle." Thesis, Grenoble, 2014. http://www.theses.fr/2014GREND012.
Full textArticle 111-4 of the Penal Code succinctly provides that “criminal law is to be interpreted strictly”. Deriving from the principle of legality, the principle of strict construction intends to protect individuals from arbitrary repression by submitting any infringement on their freedom to the strict scope of the law, which is the expression of the general will. Setting aside the disagreements regarding the theory of interpretation – analyzed as a method of either revealing or constructing meaning – this imperative, at least, limits the interpreter's freedom. However, the principle of legality, on which the imperative of strict construction is based, has undergone significant changes. The adoption of a representative system, legislative inflation, along with authorities taking advantage of the deterrence provided by criminal norms has, to a degree, led to a decline of the law. The establishment of constitutionality and conventionality reviews of the law has also contributed to it. As a result of a seesaw effect, the decline of the law resulted in an increase in the role of the judiciary. The Criminal Division of the French Supreme Court of Appeal (Court de Cassation) is responsible for reviewing the conventionality of the law and the referral procedure of preliminary rulings on constitutionality. Consequently, the Criminal Division's function has undergone major changes. Protecting individual freedom is now deemed more effective when carried out by the judicial review of criminal norms rather than by resorting to the law. Procedural legality turns into substantive legality. Therefore, as a result of the principle of legality, the principle of strict construction is affected by this transformation. Even though the principle of strict construction remains formulated in the same way, its founding principle has substantially changed. The requirement of a strict construction was originally justified out of deference for the general will, which is expressed by the law. Thus, the acknowledgement of the law's incapacity to grasp the general will leads to some flexibility in the implementation of the principle. Since the judge has the authority to review the law, he is more inclined to interpret it freely. How the Criminal Division implements the principle of strict construction of criminal law in light of changes in legality needs then to be examined: The Criminal Division tends to influence criminal policies, even though it does not seem to be following a particular course of action, by exercising its power of interpretation to adjust, as circumstances dictate, the threshold for punishment set by the legislator. In a normative hierarchy system that turns into a normative network, interpretation becomes a tool to construct criminal norms
Darolles, Sandrine. "La moralisation de la pratique des commerçants en matière de procédures collectives, du Code de 1807 à la Loi du 26 juillet 2005 : étude de la jurisprudence toulousaine, comparaison avec la jurisprudence de la Cour de cassation." Toulouse 1, 2006. http://www.theses.fr/2006TOU10021.
Full textThe present demonstration puts in emphasize the anchronism that under-stends the specific matter of collective procedures. This mercantile law, that essentiallly has first vocation to concentrate on the world of businesses not to makes while undergo the unceasing fluctuation due to the fact of trade that induces, in its normative body, a necessary legal readjustment. From then on, successive reforms in this area, that spread dispositions of the Code du commerce of 1807 to the Law of 26 July 2005, make only devote such facts. As a consequence, and in this precise context, the right of businesses constitutes only a right to become some whose governmental stating not to would know create to it alone framework of evolution practices in the fact of trade. The application of the jurisprudence of intellectual concepts that it develops bypass then its character artificial and renders its efficiency conditioned to the work moralizer of trade Courts that register in the conscience, then in the unconscious collective, its expectations. The morality of the practice of merchants in this area constitutes therefore an alternative to the temporal calendar that characterizes, since the XIX century, a such normative evolution field
Dookhy, Riyad. "Le contrôle de la loi par le juge anglais : le contrôle des législations primaires par la common law." Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAA011.
Full textIt has been one of the main legal misunderstandings of the modern world that the English legal system cannot admit of anyconstitutional review of laws. The prevailing idea colouring any vision ofits constituent parts has been marked by a cold anrlirreducible doctrine of the Sovereignty of Parliament which in turn has brought about a narrowly definerl - far from being akin to any Diceyean <, underlying which is a programme polarized by a hermeneutic vision of itself as law-realisation, as well as being a constitutionalist backdrop to any legal system. The doctrine of the Sovereignty of Parliament derives its recognition from what can be termed as the , the keystone of the >. Legality, in turn, hy its fundamentals, is caught in its own game, by an emerging superior principle, that of what is here termed , if only owing to the content of Acts of Parliament themselves. The Common Law, the only guardian of intangible or immutable principles of law, autonomous and self-validating due to its Reason, did bring about a first constitutionalist model in the modern world. At all times, a constitutional review of laws has been carried out in the English legal system, albeit under different guises, now enhanced following the incorporation of the ECHR and community laws
Buruianã, Monica-Elena. "L'application de la loi étrangère en droit international privé." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0067/document.
Full textThe national or the European private international law is taking into a particular accountthe foreign legal systems. The foreign law application is an expression of the attention given to the foreignlegal systems, but applying a law that belongs to a different legal system than the legal system of the forumcountry may provoke a defence reaction caused by the existing differences between the legal systemsinvolved. The foreign law application is therefore confronted to different obstacles that tend to ensure aprimary application of the lex fori. First, the techniques used by the legal system of the forum country toapply the foreign law are not entirely favourable to this kind of application, as evidenced by the recurrentintervention of the international public policy. Furthermore, there are elements that are exogenous to thelegal system of the forum country, such as different understandings of the same legal institution that canobstruct the foreign law application. There is thus a gap between the theory of the private internationalrules, which would appeal a frequent application of the foreign law, and the use that is made of them by theauthorities of the forum country, which often leads to the neutralization of the foreign law. This studydefends a better compliance to the theory of private international law, which would promote the applicationof the foreign law. In this perspective, the private international law of the European Union provides animportant source of « savoir-faire » as it promotes the application of a foreign law belonging to anotherMember States
Hernu, Rémy. "Principe d'égalité et principe de non-discrimination dans la jurisprudence de la Cour de justice des Communautés européennes." Amiens, 2001. http://www.theses.fr/2001AMIEA005.
Full textGoma, Mackoundi Loembet Rodrigue. "L'expropriation pour cause d'utilité publique de 1833 à 1935 : législation, doctrine et jurisprudence avec des exemples tirés des archives de la Moselle et de la Meurthe-et-Moselle." Thesis, Nancy 2, 2010. http://www.theses.fr/2010NAN20017/document.
Full textThe practice of expropriations in the departements of Moselle and Meurthe-et-Moselle proves that only State, departements and communes exercise public authorities prerogatives in order to oblige landowners to transfer their property for the execution of public work. However, works relating to railways let appear two persons exercising prerogative of public authorities, namely, State and Eastern railways company. By contract for public works the last one got the right to expropriate plots of land situated on the section between Frouard and Metz to Sarrebrück. The purchases are subjected to the accomplishment of some formalities prescribed by the law of the 3rd may 1841. The formalities changing administration (general government) to mandator (authorized agent) of statutory company are subjected to the minimalist control of the judiciary judge in order to confirm the regularity of the procedure, which is a sine qua non condition for all taking over of real estate for a public purpose. The acquisitions are subordinated to the prepayment of indemnities for expropriation payable to landowners expropriated. In case of lack of amicable arrangement, the indemnities for expropriation are assessed by a valuation board in expropriation proceedings composed by landowners, which is judged by the authors as more protector of private interest than publics finance. Our researchs reveal in return that indemnities fixed by the jurors in Lorraine are reasonable, but they are high in some case. The indemnities are sometimes fixed several months after the expropriation order or the amicable arrangement, which generate several complaints from landowners
Rabiller, Stéphanie. "Les restrictions administratives à la liberté de la presse face aux exigeances constitutionnelles et européennes." Pau, 1998. http://www.theses.fr/1998PAUU2002.
Full textGone is the day when it was up to the lumiere to enable the freedom of the press to radicate after times of oppression. Law, which was bom of the constitution and of international conventions, has taken over. Correlatively, those norms of superior authority hich contributa to perfect a law abiding state, compel us to enuciate administrative restrictions in such a way as to comply with certain requirements. The firts kind of requirement necessitating legislative intervention would be interference with the freedom of the press. A comprehensive law sould be foreseen to deal with these. It must be added moreover that interference souldn't be immoderate to the extent of preventing the protection of the freedom of the press from being consistent with the necessities of social life. Studying positive law permits one to observe that few instances of administrative interference effectively combine both competency rules and fundamental ones. It so happens that a common judge, confronted with such a situation of the law, stands as guarantee against the arbitrary. Such an attitude is nevertheless ambivalent indeed, substituting a close scrutiny of administrative restrictions to incomplete rules of competency contributes in maintaining in our collection of law attacks wich may endanger the freedom of the press and detract the general system of the rigths of the press
Calvès, Gwénaële. "L'affirmative action dans la jurisprudence de la Cour suprême des Etats-Unis : le problème de la discrimination "positive"." Paris 2, 1997. http://www.theses.fr/1997PA020040.
Full textThe united states supreme court, since 1974, has been facing the problem of affirmative action. This "benign" discrimination, by allowing different kinds of preferences to women and members of "racial minorities", aims at remedying the inequalities caused by past discrimination. The court reviews these programs under anti-discrimination federal laws and, mostly, under the constitution. She must reconcile the equal protection principle with the "compelling" interests of fighting discrimination and restoring the state of facts that would have prevailed but for segregation and prejudice. Two principles of justice are hence in conflict, and put the court in front of an important political and philosophical dilemma. This dilemma, analysed in a preliminary chapter, carry a heavy weight on judiciary reasonings. These are definitely political (part one): the holdings, as well as the standards of review and interpretative methods chosen, appear to depend largely on ad hoc considerations. The supreme court decisions are furthermore complicated by the judges incapacity to provide a legal basis to the distinction between "benign" and invidious discrimination. The judge-made anti-discrimination principle is shown to be fundamentally elusive, the court being unable to point any undisputed foundation to sustain it. The affirmative action jurisprudence may therefore be described as aporetic (part two)
Ancel, Baudouin. "Lois de police et ordre public dans le droit des conflits (XIIe siècle-XXe siècle) : genèse et réception de l'article 3, alinéa 1er du Code civil." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020043.
Full textThis research aims at shedding light on the historical background of the avatars of two mechanisms now integrated into the French system of private international law: lois de police (i.e. overriding mandatory rules) and (international) ordre public (i.e. public policy). Both share the common feature of opposing the normal interplay of choice-of-law rules and rely on Art. 3, para. 1 of the 1804 Civil Code. Preventing by pre-emption infringements of utilitas publica vel communis or reacting to them by eviction from the normally applicable law, these two types of norms have emerged from a common history beginning with the antecedents of prohibitive and territorial statutes identified by medieval romano-canonical commentators. Then members of the Dutch and French Schools adapted the two concepts to the prevailing hypothesis at the end of the Ancien Régime, that of conflicts of sovereignties. In 1804, lois de police and ordre public were collected in the French Civil Code. Thanks to the joint work of scholars and case law, on the one hand, and to a reaction to the hybrid notion of lois d’ordre public that emerged over the next century, on the other hand, the distinction between the two concepts was made possible at the turn of the 19th and 20th centuries. As conflict of sovereignties declined, leading to a loss of interest in public law, or even in criminal law, and as a more private-law-driven representation arose, without ignoring, however, growing state interventionism, the distinction has been confirmed between the two concepts: lois de police or d’application immédiate, promoting the utilitas communis, and exception d’ordre public, defending fundamental values
Quenot, Jean-Pierre. "La collégialité en fin de vie en réanimation : pertinence et retombées de la loi du 22 avril 2005." Paris 5, 2010. http://www.theses.fr/2010PA05T043.
Full textThe law dated 22 April 2005 relative to the rights of patients at the end of life aimed to assuage the fears of both patients and their families concerning unreasonable medical choices, as well as to guarantee the respect of a collegial decision-making process when the patient is unable to make his/her own decisions. The challenges of applying this law in the setting of critical care, where decisions to limit or interrupt treatment are frequent, involve both medical and non-medical staff. Our work consists of several before-and-after type studies, and shows that considerable changes in our way of administering care can affect not only patients hospitalised in critical care, but can also affect the incidence of professional burn-out syndrome among medical staff and post-traumatic stress disorder among relatives of patients at the end of life. The repercussions of this law have been a collective increase in awareness among the healthcare team regarding the ethics of care in the setting of end-of-life, and an interdisciplinary approach with a more global and humane vision of the patient
Brami, Franck Joseph. "Une grande carrière au service de la loi : Dupin aîné (1783-1865)." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020070.
Full textAs « procureur général près la Cour de cassation », Dupin has never been satisfied with a simple opinion ont the « pourvoi en cassation » for « contravention à la loi », but he also worked with the « Chancellerie » to oversee the judiciary courts. The « procureur général » shows such concern for the « pourvoi pour excès de pouvoir » and « dans l’intérêt de la loi », that he proposes to the « Cour de cassation » some new interpretations on their nature and conditions. For the « conclusions partie jointe », his influence on the « jurisprudence » of the supreme court is very important, for his interpretation of the law is followed by many decisions of the « Cour de cassation », as in civil law and criminal law. The opinion of Dupin is very interesting, first for the way he defined the « positivisme » on his work, wich sheds some new light on the conceptualization of the « hiérarchie des normes » at the time of the Restauration and the Monarchie de juillet. Then, the interest of his opinion lies in its positions in favor of a much contested judiciary power. The evolution of those ideas however, is much singular, for after leading a battle against what was, in his personal opinion, a « justice d’exception », he finally accepted the « dualisme juridictionnel ». His contribution to the independance of the judiciary power was also absolutly crucial, for he fought personnaly to maintain the « inamovibilité » of the judges wich was endangered by the time of the 1830 and 1848 revolutions, and also the military and colonial courts under the control of the « Cour de cassation »
Timoney, Caroline. "Reflections on the evolving jurisprudence concerning the presence of the accused : focusing on National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre and Another." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15197.
Full textBen, Hassine Faten. "Les pouvoirs du maire en matière de prévention de la délinquance : Police, prévention et répression de la délinquance, contrôle social et familial depuis la loi du 5 mars 2007 relative à la prévention de la délinquance." Thesis, Evry-Val d'Essonne, 2014. http://www.theses.fr/2014EVRY0053/document.
Full textFrance has been involved for the past ten years in a fight against crime policy. The new faces of crime requires a diverse response and intervention of several local actors: police, judges, local councilors, social workers, voluntary sector, Education. The law of 5 March 2007 on the prevention of delinquency has put the mayor in the heart of delinquency prevention device. Now, the mayor, by his police power, not only contributes to public security missions but also to that of crime prevention missions
Gavriloff, Julie. "Les méthodes du conflit de lois à l’épreuve du produit dérivé." Thesis, Paris 10, 2020. http://www.theses.fr/2020PA100047.
Full textThe derivative is a hedging instrument or an instrument for speculation. The derivative is usually used in international tansactions, and several legislative orders are in competition to govern the contract. The rules for choising a national law are confronted with the parties’ freedom and with the financial markets’ imperatives. The markets’ stability and security are very important. Parties can chose the law applicable to the contract. But the derivative can also be contracted on multilateral system, parties are abble to take financial collateral arrangements, and others laws can be involved
Lestrade, Éric. "Les principes directeurs du procès dans la jurisprudence du Conseil Constitutionnel." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40033/document.
Full textIn spite of a relatively low number of written dispositions dedicated to justice inside of the body of the Constitution of October 1958 4th, the constitutional Council, while updating this text through the Declaration of Human Rights, contributed to the development of a procedural constitutional law, which is structured around guiding principles. Those principles can be classified within three different categories : two major categories depend on the trial actor that is primarily concerned, either the judge or the parties; a third and additional category pertaining to procedural protections, fosters the essential qualities of the judge and secure the protection of the parties’ rights. A gradation of the requirements of the constitutional Council is discreetly perceptible between the first two categories of principles, and more easily identifiable between those first two categories and the last one. This decreasing scale of “density” yoked to the trial guiding principles highlights a genuine judicial policy when it comes to procedural constitutional law, emphasizing access to the judge, whom is given essential qualities in order to achieve its judicial duty. However, the action of the French constitutional judge, as satisfactory as it is towards the rights of the trial, would easily support the intervention of the constituent power in order to update Justice’s constitutional status
Ramírez, Reyes Santiago. "L’affinement des mécanismes liés à l’ordre public dans le choix de la loi applicable aux contrats internationaux : regards franco-mexicain." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D088.
Full textThe concepts of public policy and overriding mandatory rules are to be found within the vocabulary of the general theory of conflict of laws. It is legitimate to ask whether this statement of principle can be illustrated by a French-Mexican comparison. The relevance of such a comparison may seem doubtful, given France's participation in a more or less unifying process, due to its membership of the European Union; whereas Mexico, on the other hand, is organized around a "federal pact". However, the comparison remains relevant as we can observe that the relationship between the nation-state and private international law inexorably passes through the prism of sovereignty and that France and Mexico remain masters of their sovereignty at the international level. This analysis is made possible thanks to the existence of a common historical background and a common legal culture, contractual matters are specifically targeted due to their high level of sensitivity to the influence of public policy. However, private international law has evolved since the identification and construction of the broad categories of the public policy and overriding mandatory rules, which have led to a number of developments whose orientation will have to be verified. These specification elements as multiple as they are varied, such as fundamental rights, protection of the weaker party, constitutional review and proportionality, among others, renders this study an opportunity to highlight the evolving nature of mechanisms related to public policy in international private contract law
Marson, Grégory. "Le juge administratif et les libertés économiques : contribution à la définition des libertés économiques au sein de la jurisprudence adminuistrative." Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100033.
Full textThe primary purpose of this study is to identify and define economic public freedoms in administrative case law. The research shows that free enterprise is the only genuine public economic freedom relied upon by administrative judges. It is indeed the only one based on protecting the subjective rights or interests that are related to the legal personality, especially when it comes to individuals. It covers two essential rights: access to an economic activity and the running thereof. If the expression "free enterprise" was not created by the administrative judges but by the constitutional and European judges, it has however been known for a long time by administrative judges as "freedom of trade and industry." As such, it has a number of different names, which may vary depending on the context. Even if administrative judges consider – like their constitutional and European counterparts – that is it a secondary freedom, it is still a constitutional freedom.The definition and classification of "free competition" are more problematic, since such freedom covers two different aspects:- it may first be considered the respect of equal competition, as a new version of the equality principle. In this context, it can take a subjective aspect since it protects a right based on legal personality, even though its primary purpose is to protect market mechanisms.- it may also be considered as a competition system. From this perspective, it cannot be considered a public freedom but rather a goal or a requirement of general interest in the market good competitive functioning. The rights or interests of economic actors that derive from the protection of the competition system are not granted on the basis of their legal personality alone. The protection of those rights and interests in only subsidiary; interfering with free competition on the market is first and foremost prohibited. The rights and interests of economic actors in protecting the competition system have their source and guarantee in free enterprise. This freedom gives legal and natural persons the right to access and to run a business. Free competition ensures and reinforces the effectiveness of these two fundamental rights
Santos, Viviane Cristina dos [UNIFESP]. "Análise qualitativa e quantitativa da produção legislativa relacionada à saúde em tramitação no Congresso Nacional nos anos de 2007 e 2008." Universidade Federal de São Paulo (UNIFESP), 2011. http://repositorio.unifesp.br/handle/11600/8942.
Full textEsta dissertação teve como objetivo descrever e analisar quantitativamente e qualitativamente a produção legislativa que trata da questão da saúde, em tramitação, nos anos de 2007 e 2008, no Congresso Nacional. Foi realizado um estudo descritivoexploratório com corte transversal e abordagem quantitativa e qualitativa. O material de análise do estudo foi constituído por 112 projetos de lei em tramitação na Comissão de Seguridade Social e Família (Câmara dos Deputados) e 32 projetos de lei na Comissão de Assuntos Sociais (Senado Federal), relacionados à saúde, com data de apresentação entre janeiro de 2007 a dezembro de 2008. A pesquisa teve duas fases distintas: na primeira fase foi realizada uma pesquisa quantitativa através da estratificação, classificação e análise dos Projetos de Lei. Na segunda fase houve uma abordagem qualitativa através de um questionário com perguntas fechadas a um grupo de profissionais que atuavam no sistema de saúde, com a finalidade de avaliar a relevância, viabilidade, alinhamento estratégico e impacto dos projetos selecionados. Ao final da pesquisa, os seguintes resultados foram obtidos: das 144 proposições, 57,6% dos PL’s selecionados foram apresentados no ano de 2007 e 42,4% em 2008. O PT (12,5%) foi o partido político que mais apresentou PL's seguido do PMDB (11,1%) e PSDB (10,4%). Apenas 25,7% dos parlamentares que apresentaram PL's relacionados à saúde são da área da saúde. Um ano após a coleta de material de análise do estudo, foi verificado que a maioria (93,7%) dos PL's continuava em tramitação, 4,9% foram arquivados e apenas 1,4% foram transformados em Norma Jurídica. Quanto ao foco de atenção dos projetos de lei relacionados à saúde, mais da metade (57,7%) dos PL's estava relacionada com o Sistema Público de Saúde e apenas 4,2% se referem à natureza orçamentária (financiamento da saúde). Em relação aos resultados do questionário aplicado, 78,1% dos respondentes encontravam-se insatisfeito/muito insatisfeito com o Poder Legislativo e 41,8% dos respondentes classificaram o Sistema Público de Saúde como ruim/péssimo. Já no Sistema Privado de Saúde, apenas 9,6% o consideraram ruim/péssimo. Quanto aos critérios avaliativos dos projetos de lei, mais da metade (51,5%) dos respondentes declararam que não entenderam no PL a forma de viabilizar (Viabilidade) o proposto, 40,6% responderam que não existe relevância nos projetos de lei apresentados, 52,7% responderam que não existe alinhamento estratégico às prioridades e às políticas de saúde do país e 52,5% disseram que a recusa do projeto de lei não traria impactos negativos e/ou seria prejudicial para a sociedade brasileira. Quando simulado uma consulta pública, mais da metade (54,4%) respondeu que aprovaria o projeto de lei que analisou, 30,1% reprovariam e 10,1% se abstiveram da escolha. Por meio dos dados deste estudo, pôde-se perceber que a produção legislativa, no âmbito da saúde, é baixa; os parlamentares com formação acadêmica na área da saúde produzem pouco (25% da amostra) e a transformação dos projetos de lei em Norma Jurídica é mínima (apenas 1,4% da amostra). Outro aspecto importante verificado foi o alto índice de insatisfação com o Poder Legislativo e com o Sistema de Saúde Público Brasileiro, além da baixa qualidade da produção legislativa no Congresso Nacional.
This dissertation had the objective to describe and analyse qualitatively and quantitatively the legislative production which deals with health, at the National Congress, happening in 2007 and 2008. It was done a descriptive-exploratory study with transverse cut and quantitative and qualitative approach. The material of analysis from the study was constituted by 112 draft bills which were performed at Social Security and family (House of representatives) and 32 draft bills at the Social Subjects (Federal Senate), related to health, which were performed from January 2007 to December 2008. The research had two distinctive phases, at the first phase there was a quantitative research through stratification, classification and analysis of the draft bills. At the second phase there was a qualitative approach made through a questionnaire containing closed questions to a specific group of professionals who performed in the Health System and the objective was to analyse the relevance, viability, strategic balance and impact of the selected projects. At the end of the study, the following results were found; from the 144 possibilities, 57,6% of the draft bills selected were presented in 2007 and 42,4% in 2008. The Labour Party, PT, was the one which most presented draft bills (12,5%) followed by PMDB (11,1%) and PSDB (10,4%). Only 25,7% of the Members of the Congress who presented draft bills deal with Health Policy. After a year of gathering the material to analyse the study, was verified that the majority of the draft bills (93,7%) were still being done, 4,9% were filed and only 1,4% were transformed in juridical norm. Considering the aim of the draft bills related to health, more than a half (57,7%) of the draft bills are related to the SUS ( Public Health Care ) and only 4,2% are related to quotation (financing for health). Considering the result of the applied questionnaire, 78,1% from the questioned people were dissatisfied, very dissatisfied with the Legislative Power and 41,8% classified as bad, extremely bad; at the private Health System only 9,6% considered bad, extremely bad. In relation to the criteria of the draft bills, more than a half (51,5%) from the questioned people declared that they did not understand, in the draft bills, the way of making viable what was proposed, 40,6% answered that there is no relevance; 52,7% answered there is not strategic balance from the draft bills to the priorities and the health policies of the country and 52,5% answered that the refusal of the draft bills would not bring negative impacts or would be prejudicial to the Brazilian society. Through a public enquire, more than a half (54,4%) answered they would approve the draft bill they analysed; 30,1% would not approve and 10,1% did not answer. Through the data of this study we can perceive that the Legislative production, related to health, is low; the members of the congress with academic graduation in the health area has a low output (25% of the amount) and the draft bills which become juridical norm is minimal (only 1,4% of the amount). It is important to point out the high rate of insatisfaction with the Legislative Power, with the Health Public Brazilian System and the low quality of the legislative production at the National Congress.
TEDE
BV UNIFESP: Teses e dissertações
Jacot-Descombes, Marie-Thérèse. "Plaider en chien et loup: métamorphoses du sens, métabolisme des effets dans les pratiques de construction du savoir, en droit social." Doctoral thesis, Universite Libre de Bruxelles, 2005. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211041.
Full textComment le juge reformule-t-il la règle, quels sont les moyens dont il dispose ou use pour ce faire, quelle est son implication dans cette érosion ?La recherche, soutenue par une réflexion à la fois juridique, politique et philosophique, analyse des décisions judiciaires, leurs commentaires, et des articles de doctrine, qui ont en commun de paraître consacrer cette érosion.
La première partie de ce travail porte sur l'éradication des inégalités entre travailleurs masculins et féminins par le recours à des discriminations positives, par le biais de ce que Dworkin appellerait un "hard case" :un arrêt de la Cour de Justice des Communautés Européennes du 17 octobre 1995, statuant quant à la conformité de la législation d'un état membre à la directive européenne du 9 février 1976 relative à la mise en œuvre de l'égalité de traitement entre hommes et femmes en ce qui concerne l'accès à l'emploi, à la formation et à la promotion professionnelles, et les conditions de travail. La haute juridiction y fait bifurquer l'idée en deux concepts, l'égalité des chances et l'égalité des résultats, les définit puis les oppose ;ensuite, elle disqualifie la législation de l'état membre, au motif que celle-ci favorise l'égalité de résultats et non la seule égalité des chances. L'analyse décrit cette construction par la Cour d'un savoir juridique de l'égalité ;elle s'inquiète de la conformité de ce savoir au droit communautaire, du bien-fondé d'une bifurcation entre chances et résultats, et de ses effets sur les inégalités entre hommes et femmes.
Sa deuxième partie porte sur la construction du savoir du droit social, en général. Elle en exhibe certains ingrédients et évalue leurs agencements :la manière dont sont traités les faits, les diverses sortes d'intérêts à l'origine de la production de jurisprudence, la maîtrise du langage et l'art de convoquer le droit, et le pouvoir du praticien d'affecter et d'être affecté par le droit et son milieu. Elle pointe deux grandes bifurcations :celle entre dire le droit et juger quant au fond ;et celle entre "juridiquement correct" et "juste". Elle observe à quelles conditions la jurisprudence devient source effective de droit et se divise en courants majoritaire et minoritaire. Elle distingue deux moments dans la pratique juridique, et deux modes d'existence du jugement. La construction de la motivation, ajustée à tel litige particulier, constitue le moment créatif, qui aboutit au jugement vivant, à l'usage des protagonistes. Ce même jugement, s'il est diffusé dans les médias juridiques, connaît une autre forme d'existence, au sein du corpus jurisprudentiel commun ;si les juristes sont libres de s'y référer ou de l'ignorer, il nourrira un nouveau moment créatif, à titre d'exemple de savoir-faire ;le moment dogmatique, lui, est celui où le système judiciaire se saisit des énoncés de tel jugement vivant pour les imposer, en tant que savoir a priori, lieux de passage obligés, mots d'ordre, limitant ainsi le champ de possibles ouvert à l'activité créatrice.
Doctorat en philosophie et lettres, Orientation philosophie
info:eu-repo/semantics/nonPublished
Adel, Zaher Mina. "L'ordre public dans les relations privées internationales : l'exemple des contrats internationaux devant le juge étatique." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3057.
Full textThe freedom of choice is a principle referring to the freedom of the parties concerning the choice of the law ruling the international contract. However, this principle is limited by public policy, which reduce the extent of this freedom. In order to improve the application of these rules with a minimum of predictability, it is important to study in detail the origin and nature of the rules of public policy. A comparative study with Egyptian private international law is needed to take advantage from all current mechanisms. The current conceptual debate highlights the role of international cooperation, in addition to purely State interests, which will tend to create a new transnational, or even supranational, public policy
Pitton, Marie-Camille. "Le rôle du jugement étranger dans l'interprétation du droit conventionnel uniforme." Paris 1, 2007. http://www.theses.fr/2007PA010292.
Full textChamot, Cyrielle. "Le bourreau : entre symbolisme judiciaire et utilité publique (XIIIe-XVIIIe siècles)." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020010.
Full textAt the end of the Middle Ages, the place occupied by the hangman inside the judicial organization and, by extension, inside society, remains quite obscure. It is only at the turn of the XIVth century that a draft of the Contract Killer's professionnal status progressively emerged despite the terseness of numerous juridical sources. Because of his connexion with judicial death, this agent was not confined to the role of simple executor of the penalties but was a true symbol thereof. Yet he was left on the fringes of the social sphere. This exclusion turned him into a polyvalent hand, one able to realize various police tasks. The hangman thus sanitized the city both metaphorically − by punishing criminals − as much as materially − by framing some parias and supressing urban wastes. He appears as a judicial and administrative figure, original by its operating and attributions as well as through the various remunerations this entailed. The end of the Old Regime consecrated him as the incarnation of the criminal system, based on corporal punishments which were destined to disappear
Carlier, Peggy. "L'UTILISATION DE LA LEX FORI DANS LA RÉSOLUTION DES CONFLITS DE LOIS." Phd thesis, Université du Droit et de la Santé - Lille II, 2008. http://tel.archives-ouvertes.fr/tel-00287077.
Full textPrenant acte de ce constat, qu'il fonde sur des considérations sociologiques (ethnocentrisme) et pragmatiques (bonne administration de la justice), l'auteur entend réhabiliter la loi du for. Sans aller jusqu'à un legeforismo, dont la traduction pratique serait l'application systématique de la lex fori, un équilibre réaliste est proposé à partir d'un rapprochement des critères de rattachement et des chefs de compétence. Le vade-mecum de ce rapprochement offre alors les clés de la complémentarité qui doit exister entre la lex fori et la loi étrangère.
Guerlain, Laëtitia Marie. "Droit et société au XIXe siècle : les leplaysiens et les sources du droit : (1881-1914)." Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40046/document.
Full textThe followers of Frederic Le Play (1806-1882) sought by the establishment of schools, toperpetuate the work of their master. They indeed tried to reestablish social spirit as the true basisof legal science. The latter, frontally opposed to the classical spirit of Jurists, made of abstractionand ideality, must allow life to penetrate the field of legal science, saturated with the ideology ofthe Enlightenment. To achieve this objective, they develop a methodological reflection on legalscience, which must combine the classic deductive process to the induction of Social Sciences.Once seated on the neutrality of the social fact, legal science can finally be cleansed ofRousseau’s ideology and be, after all, depoliticized. The leplaysiens ultimately found the truebasis of law in tradition, defined as a mixture of immanence and historicity. The disciples of LePlay, who intend to promote reforms to the advent of a traditional society vector of social peace,then use formal sources of law. The latter appear truly manipulated : the followers of theengineer use indeed to suit their needs, both custom, jurisprudence and law to achieve theirreforms. It appears from this study that they have mostly influenced the Third Republiclegislation in a methodological and intellectual way
Lamarck, Sarah. "ANÁLISE DO PROGRAMA JUSTIÇA TERAPÊUTICA NO MUNICÍPIO DE GOIÂNIA NOS ANOS DE 2010-2013." Pontifícia Universidade Católica de Goiás, 2015. http://localhost:8080/tede/handle/tede/2756.
Full textCurrent trends in criminal law propose replacing the deprivation of liberty for alternative sentences, focusing on education and prevention, particularly for illicit less offensive potential, given the high costs and damages arising from the prison to the individual and the community. It is proposed to analyze the criminal alternative used by Goiás Judiciary to replace the prison sentence for cases of individuals in conflict with the law, for unlawful conduct associated with problem drug use or under the influence of these, focusing on the Justice Programme Therapy adopted in Goiânia County. Through literature, with study of foreign and national literature, this last little, in addition to legislation, official documents and using qualitative and quantitative methodology, we proceeded to the analysis of the data, for the period 2010 to 2013. The study recovered the history of prohibition in the world and in Brazil, legislation influenced, and the essential concepts for understanding the action of the drug and its relationship to crime. The history of Therapeutic Jurisprudence were raised, of foreign origin, and national experience with theoretical support in Wexler and Winick (2002), Lima (2009) and Fensteseifer (2009). It appears that the criticism that the Therapeutic Justice homeland receives are unjustified because it differs from the American and Canadian model. The analysis of the experimental data in Goiânia-GO concluded that 43.60 % of the participants completed the program with an average duration of 12 months and 85.1 % of the participants had no involvement in criminal proceedings as defendants in the region, similar to the results International, showing that it is an effective alternative to criminal probation and reduction of recidivism.
As tendências atuais no Direito Penal propõem a substituição da pena privativa de liberdade por penas alternativas, com foco na educação e prevenção, principalmente em ilícitos de menos potencial ofensivo, face os elevados custos e danos oriundos do cárcere para o indivíduo e a comunidade. Propõe-se analisar a alternativa penal utilizada pelo Poder Judiciário de Goiás em substituição a pena de prisão para os casos de sujeitos em conflitos com a lei, por conduta ilícita associada ao consumo problemático de drogas ou sob a influência destas, focalizando o Programa Justiça Terapêutica adotado na Comarca de Goiânia. Por meio de pesquisa bibliográfica, com estudo da literatura estrangeira e nacional, esta última escassa, além da legislação, documentos oficiais e utilizando metodologia quali-quantitativa, procedeu- se a análise dos dados obtidos, referente ao período de 2010 a 2013. O estudo recuperou a história do proibicionismo no mundo e no Brasil, a legislação que influenciou, e os conceitos essenciais para compreensão da ação das drogas e sua relação com criminalidade. Foram levantados os antecedentes da Therapeutic Jurisprudence, de origem estrangeira, e sua experiência nacional, com aporte teórico em Wexler e Winick (2002), Lima (2009) e Fensterseifer (2009). Constata-se que as críticas que a Justiça Terapêutica pátria recebe não se justificam porque difere do modelo americano e canadense. A análise dos dados da experiência na cidade de Goiânia-GO concluiu que 43,60% dos participantes concluíram o programa com duração média de 12 meses e 85,1% dos concluintes não tiveram envolvimento em ações penais como acusados na comarca, semelhantes aos resultados internacionais, mostrando que é uma alternativa penal eficaz para reinserção social e redução da reincidência penal.
Zernikow, Marcel. "Les règles de conflit de lois confrontées au marché intérieur : étude en droit international privé européen du travail." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D045.
Full textMobility of workers within the internal market of the European Union is growing constantly, whereas European integration in social matters remains incomplete. The absence of an exhaustively harmonised European Social Law is not only related to the minimum character of harmonisation but also to the lack of an overall competence in social matters. Due to diversity between labour legislations of the Member States, conflict of laws needs to be mobilized in order to guarantee effective freedom of movement. More precisely, Private International Law has the function of promoting the worker protection principle enshrined in free movement law. Our purpose is to analyse possible impacts of the law of the internal market on Conflict of Laws. The subject of the present study is on European Conflict of Laws. Inspired by national conflict of law mechanisms, European conflict of law rules should nowadays fit into the context of European Union Law and therefore adopt its principles. Among those, the worker protection principle – as part of the concept of the internal market – is of high interest. While discovering the content of this principle, we underline different manners in which it can influence conflict of law rules. Our starting point consists in admitting the competence of the European Union for Private International Law matters. While demonstrating failures of the actual European conflict of law rules regarding their adaptability to legislative diversity, we discover that Member States tend to make increasingly use of unilateral mechanisms: Imperativeness is intended to assure Member States’ regulatory interests by designating the law of the forum state. For the purpose of this demonstration, we suggest to analyse the example of posted workers, among others. Territoriality has been observed in Conflict of Laws. This is problematic from the perspective of integration of the internal market, i.e. in our context, the European labour market. Therefore, we suggest that conflict of law rules should be adapted to the requirements of European regulatory interests. Lessons can be drawn from the concept of the internal market which leads us to examine a protective conflict of law rule aiming at integrating the worker into the labour market
Chauvet, Delphine. "La vie privée : étude de droit privé." Thesis, Paris 11, 2014. http://www.theses.fr/2014PA111006.
Full textPrivacy is a jurisprudential notion, recently established by the legislator. Nevertheless, it’s not yet clearly defined. Privacy lies within an utterly variable context. Consequently, its domain and legal system are difficult to determine. However, notions such as intimacy, identity and personality help apprehending the concept of privacy.The evolution of society and the spreading of new technologies have impacts on privacy. Jeopardized, it has to be better protected. French courts and European Court of Human Rights are attempting at this necessity.If privacy is subjected to a right of respect, its dispute isn’t limited to defense. Privacy also contributes to personal development.Yet, right of privacy is relative insofar as it draws antagonist interests, such as general interest and various particular interests.This study contributes to apprehending privacy with regard to the Law
Larpvanichar, Ratchaneekorn. "Les contrats internationaux : étude comparative franco-thaïlandaise." Phd thesis, Université du Droit et de la Santé - Lille II, 2012. http://tel.archives-ouvertes.fr/tel-00856584.
Full textDiscours, Maxime. "L’arbitrage international à l’épreuve de l’expansionnisme du droit de l'Union européenne." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100037.
Full textHow do the law of the European Union and international arbitral interact with each other? At first sight, one could think that their interaction is limited. Two main arguments can be brought forward to support that idea. Firstly, these two sets of laws proceed from antagonist rationale. On one ahnd the law of the European Union has an expasionist nature which serves its ultimate purpose that is the integration. Secondly, international arbitration aims at getting more independence from states’ laws. Furthermore, the European Union does not have any competence to control international arbitration. Considering these elements, any form of interaction between these two sets of laws seems doubtful. But, one must not forget the European Union’s propensity to increase its competences thanks to the spillover effect. A brief glimpse at the law of the European Union leads to the conclusion that international arbitration is influenced by the European Union. Therefore, the first purpose of this work will be to determine to what extent the law of the European Union can influence the arbitral practice and the means arbitrators have as a defence mechanism. Finally, some propositions will be drawn up in order to set up a smooth interaction between international arbitration and the law of the European Union