Dissertations / Theses on the topic 'Néolibéralisme et droit administratif'
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Diop, Cheikh Tidiane. "La banalisation du droit des personnes publiques : vers une refonte de la distinction droit public-droit privé ?" Electronic Thesis or Diss., Nantes Université, 2024. http://www.theses.fr/2024NANU3016.
Full textThe study of the trivialization of public law through the prism of the public/private law distinction is part of a paradigmatic approach to analyzing the role of the State and its law in society. It significantly reflects the effective penetration of private law and the corporate model into the “mental universe” of public law. This infiltration manifests a profound crisis in the model of the administration and its law, leading to unprecedented transformations in the legal ends and means of public action and revealing, even beyond the continuing identity crisis of administrative law and its autonomy, the evolution of its sources and the erosion of its exorbitance. Do changes in the law governing public entities call into question the functional division of the legal system? And does the public/private summa divisio stand up to changes in economic and social realities? Our study shows that the traditional way of thinking about the specificities of public law and summa divisio needs to be transcended, given the redistribution of social roles between the public and private spheres, and the emergence of converging movements such as the constitutionalization and Europeanization of rights, which are gradually bringing rights closer together. In addition to confronting the crisis in the concepts of administrative law and summa divisio, it calls for a reconsideration of the way in which the separation between two formerly opposed legal cultures is now being read across the board, with a view to reinforcing the unity of the legal order
Monnier, Damien. "L'Etat de contentieux : contribution à la définition du concept d'"Etat de droit" en droit administratif français." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE2083.
Full textThe Rule of law concept is a real domestic law dogma and has established itself as a norm in the international judicial order. It is beneft of a clearly defined signification. Different concepts are accepted and depend on the agreements of the state, on a hic et nunc warranty of some rights as well as the rulers political will. This study aims to consider the administrative law, and more specifically the administrative judge’s role, as a means of control over the authority of the state so as to promote the rights and fundamental freedoms of the constituents in France. Even if nothing could portend such an evolution on the account of the state, the Conseil d’État, through a (neo)liberal political influence, became major judicial institution which builds the concept of domestic rule. The administrative juridiction legitimizes the public action of the governments while ensuring the legal security of the constituents through a formal and substantive interpretation of the principle of legality. This relation on between the state and the administrative law state of litigation which can be analyzed as a kaleidoscope of social facts. This stems from a power policy, of a positive conflict between men, the institutions, the normes or the instituted powers. Therefore, by accommodating authority and freedom, the administrative jurisdiction exposes the extent to which the administration is subjected to the administrative law. The objective construction of the administrative Rule of law allows the setting up of an administrative justice, which guarantees the republican values of the State thanks to legal Justice and Legal State. The upgrading of the administrative Rule of law by the democracy provide some freedom to the people vis-à-vis the state. The lack of liberalism fades away in favour of a litigious society, juridification and normatism to the detriment of the state
Eckert, Gabriel. "Droit administratif et commercialité." Université Robert Schuman (Strasbourg) (1971-2008), 1994. http://www.theses.fr/1995STR30001.
Full textAdministrative law is more and more frequently connected with commercial activities. This relationship strongly marked by a tendancy to make commonplace the legal system of the public authority's interventions on economic matters. This implies either a reduction of the field of administrative law or a modification of its content. Regarding commercial activities directly or indirectly provided by the state's representatives, the enforcement of commercial law depends traditionnally on the choice of managing these activities, that is to say, the will of public authority. This subjective notion of commercial law gives public authority special privilege. But on the initiative of public law especially of the more recent fields of commercial law, the latter tends to implement objectively, according to the nature itself of the activity in question. The result of strengthening the principal of equality of treatment between public and private actors leads to reduce the field of administrative law. Regarding the activities of ordinary shopowners, administrative law traditionnaly places them in a precarious situation, while accepting the technics of bussiness relationships which seem to be more adapted to the action of the state's representatives. However to reassert the role of commercial activities in terms of social benefits tends more and more the requirements of bussiness life, particulary when a firm is in difficulty. This results in a transformation of administrative law content in relation with commercial activities. Such a setback in administrative law makes it necessary to question the destiny of the state
Li, Yingyi. "Des Prérogatives de contrat administratif : comparaisons entre droit chinois et droit français, entre droit administratif et droit contractuel." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020032.
Full textThe theory of prerogatives of administrative contract transplanted from the French administrative law has triggered such a longtime debate in the judicial community that a unified national legislation has been absent even today. Actually, in the French administrative law, composed mainly by Case Law in this domain, there is not only a series of conditions to enforce each prerogative, but also a protective mechanism to keep a financial balance of contract for the final justice. However, based on a preference to the Power rooted from the legal traditions and the political regime of China, combined with certain contemporary facts, Chinese researchers have partially highlighted the former but ignored the latter, leading to the failure of this legal transplant. Actually, as a type of administrative power, the prerogative should not be considered into the proper system of contract composed by the conventional rights and obligations, but refers to the legal authority of administration that should be controlled by the legal responsibility. In addition, it could be considered as the breach of contract too, so that the administrator should take the contractual responsibility based on the Theory of no-fault, on the Relativity of contract and on the Force effect of contract; thus the administrative responsibility hereof could be assumed for the breach of contract, for the quasi-tort out of contract and for the illegality. No matter which pattern would be followed by the future legislation in China, an independent and influential judicial system should be the final protection of all legal systems including the administrative contract
Dellis, Georges. "Droit pénal et droit administratif : l'influence des principes et des techniques du droit répressif sur le droit administratif." Paris 2, 1994. http://www.theses.fr/1994PA020066.
Full textDue to the fact that the administrative repressive powers have been constantly strengthened, public administration cannot any more by ruled exclusively by classic administrative law. A number of principles, traditionally located merely on a criminal context, are also being used in administrative affairs. Therefore, criminal law exerts an influence on administrative law, which is worth a thorough examination. The first chapter deals with the drawing of the frontiers separating the "administrative" from the "criminal". The analysis of the distinctive criteria concerning administrative and criminal infractions and punishments permits to define the reasons of the influence exerted by criminal law. The second chapter responds to the necessity of locating the sphere of this influence. It results from our analysis that this influence concerns only the administrative repressive law. In the third chapter, we proceed to a concrete analysis of the criminal principles and techniques transferred to administrative law, such as nullum crimen nulla poena sine lege, non bis in idem, proportionnality, retroactivity in mitius, rights of defence, in dubio pro reo, etc. The recourse of public authorities to the techniques of investigation and transaction is finally examined
Dellis, Georges. "Droit pénal et droit administratif : l'influence des principes du droit pénal sur le droit administratif répressif /." Paris : LGDJ, 1997. http://www.gbv.de/dms/spk/sbb/recht/toc/272694169.pdf.
Full textDellis, Georges Gaudemet Yves. "Droit pénal et droit administratif : l'influence des principes du droit pénal sur le droit administratif répressif /." Paris : LGDJ, 1997. http://catalogue.bnf.fr/ark:/12148/cb361746729.
Full textBoisliveau, Pascal. "L'arbitrage et le droit administratif." Nantes, 2014. http://www.theses.fr/2014NANT4002.
Full textVan, Lang Agathe. "Juge judiciaire et droit administratif." Rennes 1, 1992. http://www.theses.fr/1992REN11015.
Full textThe enforcement of french administrative law by the judicial judge is a paradoxical phenomenon, because of the principle of separation between administrative and judicial authorities, which seems to establish french right's partition. However, an important judicial jurisprudence certifies the existence of this phenomenon. The present thesis registers the various cases of application, from their finality and fondation. Moreover, it compares administrative law, as it appears in judicial jurisprudence, with administrative law that administrative jude has made. The comparison shows that judicial judge usually enforces faithfully administrative law, but sometimes deforms it, or creates it. This phenomenon has great consequences : it proves that judicial judge applies genuine administrative law, which relativises the rule of relation between competency and applicable right; beside, it leads to the question of opportunity and perpetuity of jurisdictions'dualism
Niquège, Sylvain. "Juge administratif et droit pénal." Pau, 2007. http://www.theses.fr/2007PAUU2012.
Full textRelationships between criminal law and administrative trial give various illustrations. Incompetence of the administrative judge to take cognizance of acts linked with criminal procedure is a classic example. Generally, the whole criminal case’s elements can be used by the parties or the judge during the administrative case. Criminal law also has an impact on the administrative trial. For instance, criminal administrative authorities have to respect individual guaranties attached to the criminal procedure. Could it be concluded to a growing influence of criminal law on administrative judge’s action, or even on administrative law? This idea, commonly evoked, corresponds to a conflictual and outdated way of grasping relationships between jurisdictions and their respective rules. Certainly, constraint’s mechanism, often accepted, partly rules these relationships. Nevertheless, other dynamics such as indifference, influence, and strategic use of criminal law’s resources also characterize them. Respect of criminal judge’s function does not prevent administrative judge from carrying his own one, sometimes by using criminal law. Rather than restricting administrative judge’s action field, criminal law appears as a real resource
Jeusseaume, Sophie. "Le droit administratif et le temps." Paris 10, 2002. http://www.theses.fr/2002PA100085.
Full textReciprocal relations between administrative law and time are closed. The stamp each one marks on the other is described beyond the two properties of time, irreversibility of the past and unpredictability of the future. A contrasting picture of the administrative law emerges ; the law is powerfull, it structures the society, but it's power less to change what as been and to control what is going to happen. Besides, the opposition between the instituitionnal temporality, objective, and the citizens' one, subjective and thow extremely varied, clarely appears everywhere in the administrative law. The search of a correct compromise solution between the acceptance of the time effects and their rejection, as well as a parity between the state's needs and the citizen's aspirations takes part in a determining way in the juridical security
Khoury, Nohra Racha. "Le juge administratif des référés en droit libanais et droit français : étude comparée." Poitiers, 2002. http://www.theses.fr/2002POIT3023.
Full textDennawi, Adnan. "Etude comparée du principe de légalité en droit administratif libanais et en droit administratif français." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb37594690g.
Full textMEILLIER, PHILIPPE. "Responsabilite extracontractuelle de l'administration en france et en angleterre (etude comparative)." Lille 2, 1997. http://www.theses.fr/1997LIL20016.
Full textSince the collapse of the socialist system, english and french law have traditionally been presented as being at the origin of the two major families of law used throughout the world. A brief analysis of their respective histories, foundations, and techniques could give the impression that that no parallels can be drawn between them and that they cannot reasonably be compared. However, it should be noted that french administrative law, which is essentially judge-made law, is based on concepts that have today become the object of criticism, that english administrative law, unknown outside the united kingdom for a long time, has started to develop abroad, and that france and england are both members of the european union. The above observations point to a centrifugal development of these two legal systems. This development is confirmed by an analysis of the foundations, the judicial organisation and the compensation mechanisms that have implemented on both sides of the channel. An examination of english law thus reveals that the tort of negligence can reasonably be compared with the french notion of fault (faute) which must remain the basic foundation of liability and that the mechanism of presumption of fault would benefit from being extended to cases where evidence is sometimes difficult to establish and where the liable party is generally insured. In addition, england, which remains basically attached to the principle of equality of all before the law, introduced a procedure specific to the public service at the beginning of the eighties. This procedure docs however only concern proceedings relating to lawfulness and not proceedings relating to the law, and curiously, seems to echo the decisions made by the french constitutional council on 22 july 1980, 23 january 1987, and 28 july 1989. Far from establishing the existence of administrative courts, these decisions in our view, restrict their jurisdiction, and today allow the legislator to transfer to the ordinary courts, all of what we agree to call the full proceedings, in order to avoid inconsistencies and lengthy submissions generated by the state of positive law. Finally the casuistic approach to law on the other side of the channel, has encouraged the development of compromise techniques. English lawyers are in fact far more ready than their french counterparts to accept their responsibility when the
Langelier, Élise. "L'office du juge administratif et le contrat administratif." Poitiers, 2011. http://www.theses.fr/2011POIT3004.
Full textThe field of public contracts constitutes a typical example of how judges redefine their powers and duties in order to adapt to changes in society. During the first decade of the twenty-first century, substantial modifications have affected the subdivision between the procedural means of judicial protection of the citizen in conflicts relating to public procurement. Under the influence of increasing European standards and in an attempt to preserve national traditions, France, Germany, Italy and Spain have seen a proliferation in available legal remedies. This growing procedural complexity is associated with a significant movement of subjectification in light of which the principles and foundations of that judicial protection should be studied from a new point of view taking into account the diversity of requirements imposed. It is therefore necessary to re-think the place of and developments in judicial protection regarding public procurement
Sirinelli, Jean. "Les transformations du droit administratif par le droit communautaire : une contribution à l'étude du droit administratif européen." Paris 2, 2009. http://www.theses.fr/2009PA020073.
Full textKatz, David. "Juge administratif et droit de la concurrence /." Aix-en-Provence : Presses Univ. d'Aix-Marseille, 2004. http://www.gbv.de/dms/sbb-berlin/470230029.pdf.
Full textKatz, David. "Juge administratif et droit de la concurrence." Bordeaux 4, 2003. http://www.theses.fr/2003BOR40001.
Full textWang, Pi-Fang. "Egalité et équité en droit administratif français." Paris 5, 2006. http://www.theses.fr/2006PA05DO02.
Full textFrance having met success in its model of equality, its economic, social and cultural evolution of the last decades leads, however, to diagnose the failure of this model and hence to suggest a remedy based on equity. Therefore, the concepts of equality and equity result in a significant revival. About this theme, the legal research tends to be limited to a classical conflict: antagonism or complementarity of these two concepts. Nevertheless, it is relevant to extent our reflection, in consideration of the fact that the contemporary acceptation of equity refers to social justice more than legal justice or ideal justice. Through the examinations and analysis of the current mutations of the French administrative law, we attempt to demonstrate three relations between these two concepts: equality inspires equity; equality insures equity; equity against equality
Agboton, Serge-Marie. "Information et secret médical en droit administratif." Paris 10, 2003. http://www.theses.fr/2003PA100149.
Full textFortsakis, Théodore. "Conceptualisme et empirisme en droit administratif français." Paris 2, 1985. http://www.theses.fr/1985PA020039.
Full textFortsakis, Théodore. "Conceptualisme et empirisme en droit administratif français." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb37594742w.
Full textRieu, Alexandrine. "Le droit du travail et les concepts de droit administratif." Cergy-Pontoise, 2006. http://www.theses.fr/2006CERG0288.
Full textA significant influence of some administrative law concepts can be observed in the field of paid employment relationships: "le privilège du préalable" or the administrative prerogative to render enforceable decisions, the concept of power, the principle of proportionality, "Ia théorie du bilan" when the judge balances the usefulness of a situation against its actual drawbacks, the status, the civil liberties etc. This relative absorption of labour law by administrative law could be explained by the extra-contractual dimension of the employment relations: on the one hand, the employers' prerogatives are not limited to those a contracting party can exercise over the other one while, on the other hand, the relationships between employers and employees take on a collective dimension. Even though the French legal system is entirely based on the fundamental summa divisio between public law and private law, this assertion is challenged when you put both labour law and administrative law in perspective. These two branches of law are far from opposing and rather improve one another
Akkaraphimarn, Bubpa. "La concession de service public : étude comparative en droit français et en droit thai͏̈landais." Toulouse 1, 2001. http://www.theses.fr/2001TOU10046.
Full textWhen it is a question of managing the public service, the law relating to the concession process is linked to the law of the public service. It is the pursuit of the public interest which justifies the submission of the administration to these regulations of a private law nature. These regulations are made up of, at the same time, the prerogative of the administration, and restrictions more rigourous than those which concern private entreprise and are, in France as in Thailand, dominated by new requirements (transparency and international regulations). These new factors have equally influenced the contentions aspects of the concession process. The principle of separation between administrative and judicial autorities remains complex. The administrative juridiction is gaining territory in two countries. However the commercial considerations play a more important role in Thai͏̈lande than in France and arbitration, illegal in France, is permitted in Thailand
Deffigier, Clotilde. "Les grands thèmes du droit administratif dans les traités et manuels de droit administratif de premier cycle." Limoges, 1998. http://www.theses.fr/1998LIMO0460.
Full textThe subject requires both a theoretical and a pedagogic approach. The subject prescribes a general reflection on the whole of a discipline through the teaching of its topics by a conceptual and realistic analysis of all the concepts composing the topics. The subject proposes, without hesitation, a novel pedagogic approach: measure the appropriateness or inappropriateness between the given teaching and its reception by the student. The twelve textbooks concerned are the main works used in the second year, the reference bibliography is that of m. Chapus. The major topics of administrative law are constituted by the different titles of chapters of the second year course: sources, conception, organs, activity, means, control. The structure of the study distinguishes between conceptual and technical themes of administrative law. This cardinal distinction conveys the evolution of the subject from its crisis to its stabilisation, from its legitimitation to its legitimacy. For all the topics, and its composing notions, the textbook's expositions have been analysed according to a framework of theoretical and pedagogic reading in order to propose a clearer teaching of the subject. The study has exposed failures in the theoretical analysis, lack of realism or illogicalities. Also, definitions of key notions are most vague. The study has, above all, revealed lacunae in the pedagogic approach. The expositions remain very complicated and many remain completely inaccessible to a second year student. The complexity of administrative law and its teaching is obvious. The authors, subject to a dilemma, had to choose between pedagogy or realism. Only a simplification of the subjects's rules will enable a reconciliation between administrative law, the student and the citizen. That is tomorrw's bet for the authors of textbooks
Labzaé, Mehdi. ""La Terre est au Gouvernement" : droits fonciers, encadrement bureaucratique et conflictualité politique dans deux périphéries éthiopiennes." Electronic Thesis or Diss., Paris 1, 2019. http://www.theses.fr/2019PA01D064.
Full textHow is political power deployed on the peripheries of an “authoritarian” state ? Based on field work carried out between 2013 and 2019, this thesis builds on studies of the sociogenesis of the state by analysing contemporary processes of state formation through an ethnographic lens. In the western lowlands of Ethiopia, where this study was conducted, land is often seen as a free resource waiting to be developed. On the basis of reified ethnic categories, land belonging to selected peasants is therefore expropriated by the state and transferred to investors. This process of expropriation is staged under the guise of land registration and is carried out by a range of actors. In this landscape, civil servants engage in self-criticism sessions before political cadres who will determine the course of their careers, and who have the power to send them to jail. Working alongside these cadres, western donors design and fund development programmes that directly contribute to peasant land expropriation. In rural areas, fighting sometimes prevents civil servants from carrying out land surveys scheduled as part of these programmes. Nevertheless, peasants are frequently gathered in long meetings where civil servants praise the benefits of land registration and call for common efforts towards development. This thesis brings together these various social events and their contribution to the formation of a cadastre in the countryside of Benishangul-Gumuz and Gambella. It demonstrates some concrete dynamics of state power in regions that were integrated relatively recently into the Ethiopian polity, and where state power has often been violent and predatory. Ethnographic data reveal how state power is deployed through the marketing of land as a resource and the development of tensions over land ownership into political conflicts. Consequently, this work also sheds light on how the current regime is concretely legitimized, notably through its international relations
Bouchaud, Benoît. "Stratégie procédurale et litige administratif." Bordeaux 4, 2010. http://www.theses.fr/2010BOR40058.
Full textAdministrative procedure is an art of performance. It does not resolve to a sequence of abstract legal acts. All strategic bet is to define an applied law’s knowledge. Defined as the understanding of implementation for legal rule to obtain claim’s satisfaction, strategy seeks to account for the dynamics of the dispute : whether the use of asymmetric information in litigation, design and conduct the litigation records’. The shared goal is therefore to achieve an ultimate answer, legality, an essential legality to preserve social peace. The strategy cannot be denied : freedom is his genius and his demon. When broken, the choice does not lead to legal search of truth : what is at stake is in full disagreement with expected standard’s behaviour, it is random or opportunistic. Law, forged in the tumult of litigations, need not be frightened of it have some paradoxes : it makes it more human. The trial is only words uttered solemnly to cover the ills of society. Words. . . It’s mysterious power. They are the most powerful of all means of action. By action and by the pen, the strategy writing a new chapter of law. It bridges the divide over legal rule and its practical realization
Duval, Christian. "La liaison entre la compétence et le fond du droit en droit administratif français." Aix-Marseille 3, 1994. http://www.theses.fr/1994AIX32021.
Full textThe argument developed here is that there is not necessarily a link between the jurisdictional order - administrative of judicial - to which a lawsuit is refered ant the public or private nature which is applied to its settlement. The connection corresponds to no scientific necessity, be it on a theoritical level or on that of its practical value. Its relevance appears to be highly questionable. The frequent harmony of administrative and judicial precedents in problems common to both and the large number of procedents borrowed by either judge from the other type of law make it impossible to recognize the principle according to which the competence determines the substance. The analysis of positive law also allows us to question the other side of the same principle namely that the competence follows the substance. Finally the theoretical establishment of the rules does not correspond to the requirements of rigid construction. The foundations supposedly perceived in the very origins to the dual jurisdictional system prove to be fragile and the way in which the principle was conceived by doctrine remain affected by serious causes of precariousness
Babadji, Ramdane. "Le droit administratif en Algérie : mutations et évolutions." Paris 1, 1989. http://www.theses.fr/1989PA010292.
Full textThe administrative law is subject of important mutations and evolutions. Its area of application knows important extension, it has come back again to his initial configuration. The applicable law in organization of administration is caracterized by a clear autoritary tendancy. The law is useless when it obliges the administration. This study has dealt with state's law from 1962 to 1989
Laingui, Jean. "Caracteres et fonctions des notions en droit administratif." Rennes 1, 1992. http://www.theses.fr/1992REN11023.
Full textAdministrative law structures itself around elements that the legal expert cannot manage to define in a complete manner. If we decide to research the essence of administrative law, we inevitably discover that which it serves. These elements are not normally susceptible to being the object of a logical definition. They are not conceptual, they are functional. This functional character explains the relative indecisiveness of their content. The elements of administrative law are the result of a process of legal qualification supervised by the judge. The longevity of these elements is dependent upon the degradation of their boundaries. They are not self-opposing. The binary structure, on which administrative law seems to rest, degrades leaving apparent intermediate zones that alter the content of the elements without questioning their existence. The relative indecisiveness of the content of the elements opposes itself against the permanence of their functions. The elements exist to achieve certain ends, they exist so long as they serve a purpose. The process of legal qualification is a required step
Tabeau, Tiffanie. "Le droit administratif et l'exploitation des oeuvres cinématographiques." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1067.
Full textThe study of the exploitation of films through the prism of administrative law reveals a little-known side of cinema law. Indeed, far from the preconceptions, research shows how administrative law was first an instrument to preserve and promote movie theaters and how it remains today a powerful means of promoting and distributing cinematographic works.Moreover, at a time when digital cinema distribution methods will totally disrupt the film industry, the thesis confirms that there is no doubt that the legal framework for its development will necessarily be weakened. New challenges will have to be officially recorded by the law, because the cinema hall (movie theater), as the principal medium of the work, is now faced with scanning equipment or planned obsolescence of the current media timeline. All this therefore implies an adaptation or mutation of administrative law if its duty is to retain a central role in regulating the exploitation of cinematographic works. The main intention of this thesis is to reveal and to understand the continued need for a framework formed by the administrative law of cinematographic works. To do this, before showing how administrative law is still a legitimate way to organize and support the distribution-projection of works, it will first be shown that "special" law, although binding, was very quickly essential to the very existence of movie performances and generally speaking, to the maintenance of the French film industry
Fabre-Guillemant, Raphaële. "L'autonomie de gestion des services administratifs de l'etat experiences francaise et britannique." Lille 2, 1997. http://www.theses.fr/1997LIL20017.
Full textThe first part of the thesis about the new organisationnal schemes presents at the beginning the objectives of the reform which are double : to reinforce the legitimacy of the state and to limit public expanditures. It is interessant to observe that reforms in the two lands present similarities in gain of autonomy and in reinforcment of new forms of evaluation. Then, in a second point are presented the modalities of the reforms from two points of views : the contractual aspects at first and the budgetary aspect secondly. The second part about the new regulation of activities deals at first with the way by which the state is keeping control on the services although it is giving them more autonomy. Two systems are identified wich are complementary : the respect of the rules on a part, and the accordance of more responsabilities on the other part. Secondly comes the question of "choices of society" : how should the service be delivered and which typt of service should be offered? finally, those considerations lead to the question of the role of the state in itself
Benhalima, Lhassane. "Autonomie du droit administratif et spécificité juridictionnelle : réflexion sur les fondements du contentieux administratif au Maroc." Strasbourg 3, 1990. http://www.theses.fr/1990STR30006.
Full textIn Morocco, the elaboration, application and development of rules applicable to the public service take place in the context of a system based on unity of jurisdiction and sepration of a system based on unity of jurisdiction an separation is formal in so far as it does not go together with unity of rules of procedure or unity of substantive rules. The division of administrive proceedings between the supreme court, competent to hear appeals against abuse of authority, nd lower courts competent uner general law constitutes an element making for complexity in a system originally designed to be simple. The problems arising in France in terms of the division of powers between the two systems of jurisdiction become in morocco problms bound up with the determination of the law applicable, hence the need ro resort to criteria in order to identify the subject-matter of administrative law. What social purpose does the system serve? Does it fulfil its task? Whatever the criticism levelled against it, the fact remains that it exists : it should be reformed in order to make it more accessible to the public. Moroccan administrative laws is not truly autonomous. Its autonomy is only relative; that can be seen in respect of rules of procedure and subsantive rules
Wongsawatgul, Eakaboon. "Le détournement de pouvoir : étude comparative en droit français et en droit thai͏̈landais." Toulouse 1, 2002. http://www.theses.fr/2002TOU10034.
Full textAccording to the ingenious and bold work, the French Council of State has succeeded for a long time in distinguishing the abuse of power - that is to say the pursed aims illegality sanction - from the authority excess itself. However, further to the abuse of power specific nature, which is quite hard to discern, some French authors have been confirming the decline of the ground of complaints for exceeding authority. If the notion of decline implies the idea of an apogee, abuse of power in Thailand has not reached a capital part in the administration control yet. Restricted by the 1979 law concerning its creation as the French Council of State before 1872, the Council of "Kridsdika" has only an ineffective power. The judicial courts have avoided as often as possible the confrontation with the Executive authority. Therefore, they have been leaded to a self restriction of their role in the administration control. In this context, an independent administrative jurisdiction has nowadays been created. But this creation is recent. That is why the comparative study about abuse of power will probably help us to develop from now abuse of power control in Thailand
Bonnet, Baptiste. "Le juge administratif et l'article 55 de la constitution." Saint-Etienne, 2004. http://www.theses.fr/2004STETT097.
Full textSriwannapruek, Paleerat. "Les Principes généraux du droit administratif français et thaïlandais." Phd thesis, Université d'Auvergne - Clermont-Ferrand I, 2010. http://tel.archives-ouvertes.fr/tel-00719580.
Full textConnil, Damien. "L'office du juge administratif et le temps." Pau, 2010. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D108.
Full textThe relationships between the office of the administrative judge and time differ depending whether the judge's office is considered in its juridictional or jurisprudential dimension. Time appears to be an essential element of practice or even of the definition of the judge's office, but in various forms and on various levels. And that is precisely the multiplication of meeting points between the administrative judge's office and time which enables to demonstrate the fundamental place of the time element in the heart of the judge's office. Furthermore, the time factor has become the fundamental element in recent years. Besides, research also shows the administrative judge's effort in that matter. If the question of time illustrates the modern changes of administrative justice, symmetrically, the conception the judge keeps of his office alters the way he takes the time factor into account. The administrative judge has become an efficient realistic judge, not only just the guardian of Administration's prerogatives but a judge in search of a delicate balance between satisfying the public interest and taking particular interests into account, between the principles of legality and legal security, between the demands of administrative action and the respect of citizens' rights, a judge heedful of Law as it lives and as it is lived
Bousquet, Jérémy. "Responsabilité contractuelle et responsabilité extra-contractuelle en droit administratif." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD007.
Full textEven today, the contractual and extra-contractual liabilities differ because of their regime and they are considered as two different orders different from the public responsibility, The coexistence of such duality in administrative law involves certain practical difficulties as for the choice of the regime to be applied to such or such dispute because exist some situations where the question of the foundation of the indemnitaire action is not firmly solved and gives way to uncertainties and ambiguities. It is essential to remedy it because of the unsatisfactory consequences which they can take in particular on the requirement of legal security. This necessity is particulary true as the state of the law is rich in situations of interaction between liability regimes all the times when can overlap the domain of contractual liability and that of the extra-contractual liability. The borders between liability schemes seem so porous and unstable. Many hypotheses be classified cannot without hesitation in the one or other one of the domains of responsibility so that certain contradictory case law solutions can appear: in front of the necessity of opting for a liability scheme, the courts have to choose, sometimes artificially, a liability scheme, solutions subject to criticisms.These problems bound to the existence of a duality of regime demonstrate the importance to specify and to plan upstream the liability scheme applicable to every dispute and invites us to question us about the current situation of the duality in public law. It is advisable to resist the temptation to establish a unification of the regimes of the contractual and extra-contractual responsibilities which would seem artificial, to prefer a work of demarcation, more coherent and satisfactorier, of their respective domain with regard to certain concerns: legal security, equal treatment, but also respect for the held commitment and for the specificities of the contractual regime. So, the research for an extension of the domain of the contractual liability to all the harmful situations intervened on the occasion of the execution of a public service contract should allow to reach such goal
Champion, François. "Le tribunal des conflits et l'élaboration du droit administratif." Tours, 2000. http://www.theses.fr/2000TOUR1001.
Full textDelvallez, Charles-Edouard. "Le juge administratif et la primauté du droit communautaire." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32013.
Full textAdministrative law and European Community law. Affrontment of respective autonomies, "Pandora's box" or "armed peace" ? Present today in all sectors of Administrative Law, increasingly complex, the application of Community Law is fastidious. Recognition of its primacy and consequent punishment of failure to respect it are redoubtable questions for the administrative judge, who must permanently reconcile the State's engagements to the Community with its own sovereignty. Such is the subject of this study. The "state of war" is now outdated. Quite on the contrary, at present it is time for dialogue in spite of the subsistence of conflictual elements. Primacy of the Community norm is henceforth largely recognised, whether written or not. The administrative judge today is responsible for its application in disputes not only in the field of legality (prima facie and in substance) but also in that of liability
Saad, Georges. "Contribution à l'étude de la notion bourgeoise de "principes généraux du droit " à partir du droit administratif libanais : approche critique et sociologique : droit comparé (français - libanais)." Paris 8, 1990. http://www.theses.fr/1990PA080497.
Full textThroughout a study of the theory of general principles of law in lebaneese administrative law, our object was on the one hand, to derive the obstacles that keep a sound application of this theory by the lebaneese administrative judge; on the other hand to analyse the ideological function of this theory in the french capitalist system and in the lebaneese archaic-capitalist system. Then it is question of a comparative approach because the theory is straight away a french construction. This theory is basedf on two primordial philosophical ideas, : freedom and aquality. In addition of the analyse of the jurisprudence of different general principles of law applied by the administrative judge, we have leaved the pure jurist field to see the relation that exists between the bad reception of this thory in lebanon and the story of this country, or more his social and political structure : rule of th confession, lism, family, clientelism, factors that do that the relation citizenstate, like it exists in france fail to appear in lebanon. We have found too to to give some reflexions about the notion of general principles of law, about the rule of law, and show the two opposed conceptions
Fournol, Ingrid. "Le principe de sécurité juridique en droit communautaire et en droit administratif français." Paris 2, 1999. http://www.theses.fr/1999PA020083.
Full textZaki, Mohamed Khaled Abdelhalim. "Le référé-suspension des décisions administratives en droit français et en droit égyptien : étude comparative." Paris 11, 2004. http://www.theses.fr/2004PA111002.
Full textJiménez, Lechuga Francisco-Javier. "Le contentieux administratif et l'exécution des arrêts juridictionnels en droit comparé (les cas de la France, de l'Allemagne, de l'Espagne, communautaire et du droit de l'Union)." Paris 1, 2013. http://www.theses.fr/2013PA010268.
Full textMouyabi, Gilbert. "La police judiciaire et le juge administratif (repartition des competences)." Rennes 1, 1986. http://www.theses.fr/1986REN11014.
Full textThe contentious matters of judicial police activity are dependent on the cognizance of judicial judge, administrative cognizance is traditionally excluded. That's the solution admitted in doctrine and case-law. But the incognizance of administrative judge in that matter is limited; in some cases, the administrative judge cognizance is possible if the purpose of the declared judicial police activity is not the research of an infraction, is possible if some elements of that activity can be detached. We're in front of administrative cognizance extensions. That extension presents an interest for justiciables, and the administrative judge has to increase his powers to give to the victims of judicial police activity the sames guarantees than the judicial judge. So, administrative judge incognizance in front of judicial police activity contentious matters is not radical
Foulquier-Expert, Caroline. "La preuve et la justice administrative française." Toulouse 1, 2008. http://www.theses.fr/2008TOU10047.
Full textThe French administrative judge don't worry for truth. He wants to protect a normativity between administrations and citizens. The administrative judge is really free but evidence is only producted by petitioners. Experience and normality finish to convince him
Alambagi, Saad. "Le Juge administratif algérien et l'éxécution de ses décisions par l'administration : étude comparative." Caen, 1989. http://www.theses.fr/1989CAEN0012.
Full textThis thesis deals with the problem of the achievement of the administrative judge's decisions through. The judge's as well as the administrations surveys. On the one hand the surveys which dominated by the independance and by the administration powers and by the sespect of the judge of that independance on the other. In this context the achievement can only be expeted in cose the administration refuses. There is an un achievement or an ignorance of the judge matter. In this case, it is possible to fined out the means that exist in order to resolue this problem
Brondel, Franck. "L' administration et le droit pénal." Limoges, 2002. http://www.theses.fr/2002LIMO0488.
Full textGarrido, Ludovic. "Le droit d'accès au juge administratif : enjeux, progrès et perspectives." Bordeaux 4, 2005. http://www.theses.fr/2005BOR40031.
Full textLeclerc, Françoise. "Recherche sur les pratiques administratives : un exemple, les ministères chargés des affaires sociales : organisation et fonctions." Paris 1, 1986. http://www.theses.fr/1986PA010260.
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