Dissertations / Theses on the topic 'Règlement européen'
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Ismaïlow-Nouals, Caroline. "La distribution automobile et le règlement 1400." Toulouse 1, 2007. http://www.theses.fr/2007TOU10065.
Full textCar industry is an essential sector in the European economy by the weight of the global builders, subcontractors and repairers. The car is a high sophisticated product, dominated by electronics. The competiveness of the European builders is very important. That is the reason why the Commission has early considerate to enforce the exemption's mechanism because of economical advantages between the production and the distribution. Present rules N° 1400/02/CE of the Commission dated july 31st 2002 intensify the competition on the after-sales service market. They impose to buiders to supply a large access to technical information and diagnosis equipment. The exemption is not linked to the mutual law with the distribution (law N° 2790/1999/CE of th Commission dated december 22nd 1999) but to a special law created for the car distribution. The specificity of the solution is understadable by the specificity of the sector
Debernardi, Giovanna. "Le règlement européen sur les successions et nouvelles perspectives pour les systèmes juridiques nationaux." Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0008/document.
Full textRegulation (EU) n° 650/2012 of 4 July 2012 led to a considerable revolution in the field of international successions. Indeed, such a subject has always caused several divergences among national legal systems, especially at the European level where the need for a proper functioning of the free movement of persons have led to an essential common reform of private international succession law. As a results, rules governing cross-border successions have been globally harmonised and citizens are finally able to organise their succession in advance. Nonetheless, Regulation n° 650/212 should not be limited to the only harmonisation of conflicts-of-laws rules ; these latter are certainly its primary objective, but not the only one. Indeed, the new instrument should aim at a more ambitious goal : the convergence of national legal systems. In order to achieve such a purpose, the European legislator has provided for two different means : on one side a typical and essential instrument of private international law like the public policy ; on the other side a new and unique instrument of substantial law such as the European certificate of succession. As a consequence, the new Regulation should not leed to a sample unification in the field of the private international law, but would also contribute to a progressive uniformisation of national rules of Member States. It could thus represent a remarkable achievement in the historical European project for the maintenance and development of an area of freedom, security and justice inside the Union
Bouchoul, Katia. "Le Règlement SE, un outil européen au confluent des intérêts nationaux et du droit de l’Union européenne." Thesis, Nice, 2015. http://www.theses.fr/2015NICE0051/document.
Full textThe SE regulation is an european tool in between national law and European Union law. It is an innovative legal tool allowing companies with European scale to elaborate cross-border reorganizations through the creation of a SE and the transfer of the head office of such company; while preserving benefits of creditors, of employees and shareholders of such companies. In order to achieve this goal, the SE regulation is not enough: it is pluralistic. It coordinates the rules applied to the SE. In addition, it proceeds itself to remand to national law that enables to preserve national specificities of each State Member. So, the SE is attached on one end to the European Union law and on the other end it is attached to the national law on a subsidiary basis.Furthermore, the SE regulation is not only useful to companies. Indeed, it enables adoption of other european tools such as the directive related to cross-border merger between joint-stock companies
Laroche, Benjamin. "Le big data à l’épreuve du règlement européen général sur la protection des données." Thesis, Toulouse 1, 2020. http://www.theses.fr/2020TOU10041.
Full textCitizens’ daily uses of technologies in a digital society exponentially produce data. In this context, the development of massive data collection appears as inevitable. Such technologies involve the processing of personal data in order to create economic value or to optimize business or decision-making processes. The General Data Protection Regulation (EU) 2016/679 (GDPR) aims to regulate these practices while respecting the imperatives of flexibility and technological neutrality. However, big data is proving to be an unprecedentedly complex legal issue, as its specific characteristics oppose several principles of the General Data Protection Regulation. Widely shared, this observation has gradually imposed an implicit form of status quo that does not allow for the effective resolution of the incompatibility between the reality of big data and the legal framework provided by the GDPR. In order to solve this equation, a distributive approach, based on the components of the big data: its structure, its data and its algorithmic capabilities, will then make it possible to study the qualification of this notion in order to identify an appropriate regime. Overcoming such a problem will, first of all, involve updating the qualification of personal data in order to respond to the increasing complexity of data processing carried out using advanced algorithmic capabilities. In addition, the accountability of the various actors involved, in particular through joint responsibilities for processing, will be associated with the notion of risk in order to bring the necessary updating to the regulation of big data. Finally, the application of a data protection impact analysis methodology will test and then synthesize the indispensable strengthening of the adequacy between legal theory and the practical reality of big data
El, Moukahal Daria. "Litiges de l'Union européenne devant l'Organe de règlement des différends." Thesis, Université Grenoble Alpes (ComUE), 2015. http://www.theses.fr/2015GREAD001.
Full textThe main purpose of the research is to identify the European Union's strategy in the Dispute Settlement Body of the WTO and to determine the role that international trade disputes play on the European level. Particularly, the EU participation specificity, compared to other Members of the WTO and the reasons for its involvement, are examined in the frame of an analysis on the manner in which international disputes inscribe into its external policy. We also analyze the EU disputes contribution to the development of international law. The research articulates around two main parts which contribute to the study of coherence of the EU strategy in the DSB.EU policies are frequently attacked in front of the DSB. The EU uses recourse to international trade disputes as an instrument to promote to the international level its non trade values and essential interests and to defend its historical acquis according to main directions of its policies. These EU ambitions explain the specificity of its international trade disputes. The first part of the research analyses the particular nature of international trade disputes of the EU and intends to answer the question to know by what means the EU tries to impose its own experience of trade liberalization onto international level (Part I).In the second part we are analyzing the EU choice of modes of dispute settlement depending on different criteria. So, the dispute settlement means depends on the parties to the conflict and the stakes of the dispute. We also examine if institutional conditions for its participation to settlement of international trade disputes and special mechanisms of Common Commercial Policy existing in the EU are compliant with WTO law requirements, and if they are consequently profitable for efficient defense of the EU trade and non trade interests (Part II)
Fabriès-Lecea, Eugénie. "L'apport du règlement insolvabilité à la construction de l'ordre juridique communautaire : étude de droit international privé communautaire." Toulouse 1, 2010. http://www.theses.fr/2010TOU10057.
Full textThe Insolvency Regulation is a contribution to the enrichment of the European Union's legal system. This EU Private International Law instrument mainly brings a methodological contribution, as it provides with a conflict-of-laws rule to coordinate the domestic legislations. However, in a European context, this contribution will appear to be specific. The Regulation provides a conflict-of-laws rule designating the lex fori concursus. However, via this classical structure the Regulation makes its conflict-of-laws rule universal. This universality is a renewed one, as the rule gives jurisdiction only to the law of a EU Member State. Thus the Regulation aims to create a real regional judicial area. But the creation of a unified judicial area via universal conflit-of-laws rules would remain articifial if the Regulation's authors had not tried to ensure the rules' results' efficiency. In order to do so, the Regulation uses various tools within and beyond the conflictual method. It will appear necessary to analyze all those aspects, in order to understand plainly the Regulation's contribution to the construction of the European Union's legal system
Arfaoui, Nabila. "Réglementation environnementale et dynamique de l'innovation : analyse des effets du règlement REACH." Thesis, Nice, 2014. http://www.theses.fr/2014NICE0035.
Full textOn 1 June 2007 the European Union set up REACH (Registration, Evaluation, Authorisation of Chemicals), one of the most ambitious regulations. This regulation establishes a new philosophy of how to design environmental protection and health. According to the preamble to the Regulation, the objective of REACH is "to ensure a high level of protection of human health and the environment while enhancing competitiveness and innovation." REACH has been designed to balance environmental objectives with competitiveness aims, and has the scope to induce the adoption of eco-Innovation as a side effect of the regulation itself. For this reasons, REACH appears as a privileged object of study to analyse the effects of environmental regulation on the innovation. In this regard, we analyse the innovation-Friendly mechanisms of REACH to promote the development of environmental innovations. From an unique original survey on REACH regulation, we study, one the hand, mechanisms to promote new opportunities in the field of environment and health, and, the other hand, those that stimulate demand for environmental quality. Finally, we analyse the impact of the attributes of the REACH regulation on technological and industrial dynamics from an agent-Based model (ABM). The ABM provide a powerful tool for exploring such complex and stochastic systems as innovation, and allow modelling the behaviour of heterogeneous agents, technological diversity and the change in selection environment that result from policy measures
Boullier, Henri. "Autoriser pour interdire : la fabrique des savoirs sur les molécules et leurs risques dans le règlement européen REACH." Thesis, Paris Est, 2016. http://www.theses.fr/2016PESC0044.
Full textHow can toxic chemicals be regulated with limited and incomplete data on their properties ? Since the Toxic Substances Control Act was adopted in the United States in 1976, information asymmetries and the multiplication of specific applications for chemicals had apparently made their control almost impossible. With the authorisation procedure, the european regulation on the registration, evaluation and authorisation of chemicals (REACH), adopted in 2006, introduces a novel way of controlling the most toxic chemicals. The dissertation shows how such a procedure sets new standards in regulatory control in spite of information asymmetries between regulators and firms. The authorisation procedure renders public authorities able to ban « substances » based on their hazards while some « uses » of these chemicals can be maintained on the market on the basis of invidual applications submitted by firms. In order have such applications accepted, firms provide public authorities with new toxicological and exposure data for very specific uses, and socio-economic analyses that had never been produced before. Although REACH is based on existing regulatory tools, the autorisation procedure profoundly modifies the relationship between regulators and firms, modifies the objects of regulation and transforms the ways in which regulatory knowledge for decision making is produced
Boev, Ivan. "Le règlement européen des problèmes minoritaires en Europe de l'Est : formation d'un "corpus juris" relatif aux minorités et institutionnalisation de ses mécanismes d'application." Nancy 2, 2003. http://www.theses.fr/2003NAN20005.
Full textEl, Baroudi Nadia. "L' application du droit communautaire des ententes aux accords de transfert de technologie (règlement n° 772/2004)." Montpellier 1, 2007. http://www.theses.fr/2007MON1A003.
Full textZakine, Cécile. "Les substances chimiques saisies par le règlement REACH : un droit en quête d'équilibre." Thesis, Nice, 2013. http://www.theses.fr/2013NICE0031.
Full textThe trade of chemicals is one of the one of the main economics activities involved in the environmental pollutions and in the increase of certain fatal or invalidating diseases, professionals or not. The REACH regulation, acronym of « registration, evaluation, authorization of chemicals », of 18 December 2006, came into force the July 1st, 2007, to improve the protection of human health and the environment from the risks that can be posed by chemicals, while enhancing the competitiveness of the european chemical industry. The use of a regulation of direct and immediate applicability allows the harmonization of laws of each member states in order to on one hand, contribute in the process of market integration and on the other hand, allow a uniform sanitary and environmental prescriptions application. Based on the precautionary principle and the sustainable development, the REACH regulation instrument gives rise to a systemic approach with the objective to establish a dialogue between imperatives a priori divergent. This norm highlights the emergence and the construction of a balance of these three imperatives present. The question is if, confronted with the economic, environmental and sanitary reality, this balance can persist in practice, or if it becomes uncertain, to lead potentially, the reappearance of the original conflict between economics and non-economics imperatives
Charton, Sophie. "Répartition des compétences et réalité des pouvoirs dans le contrôle communautaire des concentrations d'entreprises : approche politique du règlement (CEE) n°4064/89 du Conseil du 21 décembre 1989 et son application pratique." Paris 2, 1997. http://www.theses.fr/1997PA020079.
Full textSince the implementation of regulation 4064/89 on community mergers control, 90% of the commission decisions are common market compatibility ones. The commission combines both the political functions definied under articles 2, 3, and 155 of eec treaty and exclusive authority for the control of mergers. The commission has sometimes been in position to tolerate some mergers to hold more than 60% of community market although they would have prohibited such a plan under articles 85 and 86 of the eec treaty. The commission has chosen an economical, practical and political view of what the control of mergers should be, based on a principle of neutrality. It did not prevent them from interpreting the regulation, sometimes contra legem and applying it in a discretionnary way. The commission has established itself as a unique and unavoidable authority in terms of competition. But, is such a apparent and dual policy is acceptable in today's community institutional context? what is its future in the forthcoming global trade and legal system?
Czeszejko-Sochacki, Wiktor. "La faillite dans le système juridique polonais et français au regard du règlement communautaire." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020034.
Full textBankruptcy of legal entities has always been an element of global economy. The issue of insolvency has also been present since the beginning of intracommunity trade. The European Union has been trying to arrange the social and economic life of the Member States in a uniform manner, in particular by developing and implementing legislation supporting them operations in the reality. The social and economic reality of the Member States are subject to material changes, in particular with respect to bankruptcy. The success of the European Union consists in its ability to adapt to the changing environment by general regulations applicable to legal entities in the Member States, leaving more complex and detailed regulations to domestic regulations. As a result, varied legal systems were unified by imposing general Community regulations. The increasing risk of bankruptcy or reorganisation of enterprises functioning in more than one EU country (groups of companies) forced the legislator to develop bankruptcy law at the European level. This paper analyses the Council Regulation (EC) No. 1346/2000 of 29 May 2000 on insolvency proceedings which is the first and only EU legal act regulating the issue of bankruptcy in a general manner. Why should the bankruptcy laws in Poland and in France be analysed in parallel? Since France is one of the most important founder countries of the European Union and Poland is the largest country (in terms of its size and number of inhabitants) among the new members of the European Union that joined in 2004
Padellec, Marie. "Le règlement européen sur l'insolvabilité, un outil au service du sauvetage de l'entreprise ? : ébauches de réponses à travers les expériences anglaises et françaises." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1033.
Full textThe enterprises are in the center of a quasi-unlimited network of legal relations and economic, social and politic interests. As such, the rescue of a viable enterprise is done in the interest of the majority of its partners. The English and French legislators, have in this goal started thinking about the creations of new proceedings and/or new techniques which permits to help the enterprises in difficulty and participate to the “Rescue Culture”. This Rescue Culture is also become an European target because of the development of the economics exchange beyond the national borders. This is the European Insolvency Regulation n° 1346/2000 which governs this subject matter. In December 2012, the Commission has proposed dispositions which amend this regulation to take into account both the present priorities of the European Union and National practices in insolvency, especially the actions for the rescue of enterprises in difficulty. The problem which may be discussed is to know how the insolvency regulation may be an instrument for the enterprises rescue. The answer can’t be given under a single national point of view because this regulation is an instrument of recognition and execution of decisions regarding insolvency proceeding for the member states of the European Union. It was necessary to find a larger point of view. The comparative analysis between the English Law and the French Law has a high interest for this topic, because it allows to put forward the similarities and the differences of two different systems of law, usually opposed
Pascual, Espuny Céline. "Le développement durable : promesse d’un changement paradigmatique ? : étude d’un processus discursif et négocié : un exemple : Reach* (* règlement européen sur les substances chimiques)." Paris 4, 2007. https://hal-amu.archives-ouvertes.fr/tel-01896585.
Full textThis thesis questions the notion of sustainable development, it considers the way the idea came into being, how it has been transmitted, diffused, and how it has evolved. The viewpoint that has been retained is based on the fact that sustainable development contains a paradigmatical potential, and that it proposes logical and cognitive ruptures. In that perspective, considering sustainable development as a paradigma comes under a central question, that of the question of norms in the process of changing. The construction of these norms can be envisaged in their diffusion in a public sphere. It is a two-step study : first, in the analysis of texts we consider to be “founders”, from which sustainable development emerges and which determine a field of action whilst allowing interpretation. Then times of controversy, of publicised debates take place, and constitute a second period of normalisation, in a more open space. By the analysing and cross-checking of eight years’ worth of articles and press releases from Reach, (European regulation on the Registration, Evaluation and Authorisation of Chemicals, which was adopted in decembre 2006), we can observe the discursive and negociated process of the normalisation of sustainable development
Bonnamour, Blandine. "Le dommage en droit international privé européen. Réflexions à partir du règlement Rome II sur la loi applicable aux obligations non-contractuelles." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30033.
Full textThe Rome II regulation on the law applicable to non-Contractual obligations states a common rule of conflict into the European Union. Legal security is one of its main purposes and justifies more specifically the choice of an unprecedented connecting factor in comparative international private law: the damage. Nevertheless, the notion of damage covers many different meanings in the different countries of European Union. This plurality may compromise the satisfaction of legal security and, by failing to address this specific issue, the European regulation Rome II turns out to be unfinished.This study intends to suggest solutions to effectively complement and harmonize the notion of damage as a connecting factor in European international private law.Some theoretical and practical reflections lead us to consider two types of answer. The first one is aimed at practitioners. It consists in drawing up an autonomous notion of damage distinct from the material notion of prejudice. A second solution is aimed at the European legislator. It consists in a new methodology based on the adoption of a European international private law of the damage. This means drawing up new conflict categories, exclusively organized around the notion of damage
Boukaram, Sahar. "La protection des "parties faibles" dans le règlement "Rome I"." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1082.
Full textThe “internal market" generates international contracts within and outside Europe. The proliferation of these contracts in fact requires an internal market established as an "area of freedom, security and justice". Regulation "Rome I", instrument of private international and European law, displays the purpose of ensuring the contractual freedom and legal security per elaborating general rules of conflict of laws. The will of the European legislator to ensure contractual justice within the internal market give rise thus, to special rules of conflict of laws that protect the contracting parties in a weak position face their co-contractor in dominant position. Regulation "Rome I" consecrates conflict of laws rules protecting the interests of certain contracting parties, that it considers that they are "weak parties"; they are the workers, the consumers, the passengers traveling to or from their country of residence, the policyholders of mass risks located on European territory, as well as distributors and franchisees. However, the success of the internal market requires achieving a balance between contractual justice, contractual freedom and legal security, even under protective special rules of conflict of laws. This balance can be achieved by correctives of proximity. The corrective of proximity inserted as part of the protective special rules of conflict of laws not only participates in the main function of the rule of law conflict, namely the designation of the competence of the legal system most closely related to the contract, but also to the establishment and operation of an internal market, area of freedom, security and justice
Saunier, Camille, and Camille Saunier. "La protection des données personnelles des utilisateurs d'enceintes connectées «intelligentes» par le Règlement européen no 2016/679, le droit canadien et le droit québécois : approche comparatiste." Master's thesis, Université Laval, 2020. http://hdl.handle.net/20.500.11794/38291.
Full textLe présent travail de recherche porte sur la protection des renseignements personnels des utilisateurs d’enceintes connectées « intelligentes ». Au regard de cet objet connecté particulier, l’étude se penchera sur la manière dont la protection des données personnelles est envisagée par le Règlement européen n°2016/679 (RGPD), la Loi sur la protection des renseignements personnels et les documents électroniques (LPRPDE) et la Loi québécoise sur la protection des renseignements personnels dans le secteur privé (LPRPSP) tout au long du cycle de vie de la donnée. Ces différentes législations divergent tant sur leurs dates d’adoption que sur leurs systèmes juridiques. Pourtant, les rapports de faits qui les animent en font une des objets de comparaison particulièrement intéressants. Il ressort de cette étude que l’enceinte connectée « intelligente » met en évidence les insuffisances des législations étudiées vis-à-vis du rapport au temps, de la masse de données collectées mais aussi de l’opacité de la machine.
Tramarin, Sara. "La tutela giudiziale e stragiudiziale del consumatore nel diritto dell’Unione europea." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA007/document.
Full textThe thesis analyzes, under various aspects related to private international law and international civil procedure of the European Union, the status of the protection offered to the European consumers in their international contracts, in particular in relation to the objectives and in the context of the single market. The thesis is divided into three chapters. The first chapter deals with consumer protection in the international private law of European Union (regulation (UE) 1215/2012 and regulation (CE) 593/2008). The second chapter deals with the protection offered to consumers by european international civil procedure with reference to individual and collective litigations. The third chapter deals with alternative dispute resolution (ADR) and with on-line dispute resolution (ODR) and analyzes EU directive 2013/11/UE and regulation (EU) 524/2013
La tesi analizza, sotto vari aspetti relativi al diritto internazionale privato e processuale dell’Unione Europea, lo stato della protezione offerta al consumatore europeo nei contratti e nelle controversie internazionali, con uno specifico riguardo alle tutele di carattere processuale e giurisdizionale. La tesi si articola in tre capitoli, che investono gli ambiti in cui tale tutela può esplicarsi, ovvero, l’individuazione di un foro e di una legge applicabile favorevoli agli interessi del consumatore, la semplificazione delle regole di procedura nelle controversie individuali internazionali, la possibilità di dare luogo a procedimenti transfrontalieri collettivi e la creazione di un sistema efficace di risoluzione delle controversie internazionali in via stragiudiziale anche on-line. Il primo capitolo ricostruisce dapprima il sistema di diritto internazionale privatodell'Unione europea in materia di contratti di consumo, dando conto del contesto politico ed economico in cui si inserisce ed alla cui luce devono esserne letti gli obiettivi. Vengono quindi individuati i principi e gli obiettivi che fondano le norme di diritto internazionale privato in materia di contratti internazionali del consumatore, le quali si caratterizzano per l’essere ispirate a finalità materiali, ovvero, volte a permettere di individuare un foro competente ed una legge applicabile che siano in grado di bilanciare tra loro le esigenze dei consumatori e degli operatori del mercato, con la conseguenza di favorire l’esplicarsi degli scambi commerciali e della concorrenza nel mercato unico. Ciò avviene garantendo al consumatore l’applicazione della legge e la competenza del foro a lui più prossimi, ovvero quelli del suo paese di residenza abituale (la cui coincidenza permette peraltro una riduzione dei costi delle liti transfrontaliere) e la prevedibilità delle soluzioni agli operatori del mercato.Il capitolo traccia quindi lo sviluppo normativo e giurisprudenziale delle norme di diritto internazionale privato europee in materia di contratti del consumatore, prendendo in particolare in considerazione le più recenti sentenze della Corte di Giustizia che, dal 2010 ad oggi, hanno ridefinito l’ambito di applicazione delle norme contenute nel regolamento (CE) 44/2001 (Bruxelles I), oggi rifuso nel regolamento (UE) 1215/2012 (Bruxelles I-bis), e nel regolamento (CE) 593/2008 (Roma I), insistendo sulla definizione del concetto, volutamente aleatorio, di “attività diretta” e sul suo ruolo di preminenza nel connettere la fattispecie contrattuale allo Stato della residenza del consumatore per permetterne la competenza dei giudici e l’applicabilità della relativa legge. Viene svolta infine una analisi critica sull’interpretazione fornita dalla Corte di Giustizia che rischia, nel concreto, di rendere le norme in oggetto applicabili in maniera variabile dai giudici nazionali, garantendo alle volte una tutela troppo estesa o troppo ristretta al consumatore, senza riguardo per l’esigenza di certezza giuridica degli operatori del mercato
Brenac, Marin. "La souveraineté numérique sur les données personnelles : étude du règlement européen no 2016/679 sur la protection des données personnelles à l'aune du concept émergent de souveraineté numérique." Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28306.
Full textCiuta, Carmen. "La révision des arrêts de la Cour européenne des droits de l'homme." Thesis, Montpellier, 2018. http://www.theses.fr/2018MONTD017.
Full textNot included in the European Convention on Human Rights, but provided for by the Rules of Court, the revision of its judgments appears as an exceptional procedure that, at first glance, does not raise particular issues. However, being amongst the procedures belonging to the human rights protection system, it must be determined what role revision may play in such a system. In this respect, the examination of the judgments delivered by the Court following the requests for revision submitted to it points out that the provision governing revision is likely to give rise to a thorough reflection, even though the number of judgments in this area is not impressive. Indeed, the issues raised in the procedures for revision involve a careful reading of the before-mentioned provision, whose potential should not be underestimated
Mailly, Myriam. "L'application du règlement 1346/2000 relatif aux procédures d'insolvabilité aux groupes de sociétés : approches francaise et anglaise." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20026/document.
Full textOn 12 December 2012, the European Commission published its proposals for the revision of the Insolvency Regulation which were followed by a draft Legislative Resolution from the European Parliament (20th December 2013). While these proposals’ main objective is to create a specific legal framework for corporate group insolvencies, this thesis aims to demonstrate that they are unlikely to achieve their goal because of the requirement of legal certainty requirement within the EU.Adopted on 29 May 2000, the Council Regulation (EC) No 1346/2000 on insolvency proceedings (the « Insolvency Regulation ») aims at establishing a uniform set of private international law rules on insolvency proceedings having cross-border effects within the EU. Since its entry into force (31 May 2002), its application by national courts has created debate, in particular with regard to its application to corporate groups. In order to maximise the value of groups’ assets or to achieve a global restructuration of groups, the national courts broadened the scope of the Insolvency Regulation by an extensive interpretation of the centre of main interest (« COMI ») criterion. In such a context, the Court of Justice of the European Union (« CJEU ») reinforced the rule that each legal entity should be treated separately (in its 2006 Eurofood case).However, the CJEU’s ruling did not solve the legal issues that national courts were facing when applying the Insolvency Regulation in respect of corporate groups insolvencies.In spite of the fact that the creation of rules for groups of companies has always raised complex legal (and political) issues, the European’s proposals constitute surely a solid basis for discussion and a great opportunity for European academics and practitioners to make their voices heard as well as to propose further amendments to the current Insolvency Regulation. This thesis aims to demonstrate that several issues are unresolved with regard to the whole structure of the revised Insolvency Regulation (e.g. no specific definition of COMI with regard to corporate groups) as well as with regard to the special regime introduced for corporate groups (e.g. no clear choice on the coordination system to be favoured for insolvent groups of companies)
Koutsouraki, Eleni. "Les droits des demandeurs d'asile dans l'Union européenne et leur condition en droit comparé (France, Grèce)." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020009.
Full textThe crisis of asylum law within the European Union is currently the subject of recurring concerns. In addition to that, people who seek protection in the "area of freedom, security and justice" of the European Union, face another crisis, that of the right to asylum. Following this observation, it seems relevant to consider the rights of asylum seekers under the Common European Asylum System (CEAS). More specifically, we study the effectiveness of rights before the obstacles of access to the European Union and its Member States’ asylum procedures, the rights related to the procedure for examining asylum applications and the rights accorded during this examination. The protection of these rights, in addition to the traditional problem of the implementation of international commitments at national level, was faced with a new regional system as well as an ambiguous harmonization. Through the study of human rights, this research aims to demonstrate the causes of the crisis, to propose possible solutions oriented to the respect of international law and contribute to the improvement of the status of asylum seekers in the European space. To this end, our approach is also comparative because the examination of two concrete examples is useful for analysis, reflection and finally evaluation of the CEAS, which began to distribute the burden in the European Union by the Dublin mechanism before the examination procedures and reception conditions in the member states have been harmonized. A comparative law analysis between two member states, France and Greece, it seems to be necessary in order to demonstrate the current challenges of European harmonization on asylum and illuminate the challenges of rights’ protection.Keywords :
Shang, You. "Le droit antisubvention : une comparaison entre le droit de l'Union Européenne et le droit chinois." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10013/document.
Full textThe antisubsidy law created by dispositions of WTO rules and internal solutions, is situated in the center of multiple normative conflicts: firstly between obligation of compliance and the autonomy of internal legal order; and secondly between the need of institutional balance and the predictability of rules. The method of multilateral coordination is facing a dilemma, the diffusion of those tensions will give the executing authority too much leeway, but intervention will create systematical difficulties. As it is, both in European Union Law and in Chinese Law, the antisubsidy law suffers an incoherence between its mission and its capacity in terms of the effectiveness of its rules facing complexes economic realities. The arrival of China, is both a test and an oppotunity to the multilateral legal coordination on the use of countervailing duty. The aggressive use of the trade defense arm such as countervailing duty, could eventually awake a nee d and a consensus of better legal framework of the antisubsidy law
Garin, Aurore. "Le droit d'accès aux documents : en quête d'un nouveau droit fondamental dans l'Union européenne." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020051.
Full textThe principle of transparency is a multifaceted notion. The most salient of its components is the right of access to documents. This right can be compared to the principles of open government and good administration, with which it is closely related. Historically, the roots of access to documents lie in the constitutional traditions common to the Member States. The regulations implemented over time within the EU, which were designed to grant access to the documents held by the institutions, were all modelled on existing national standards. Atypically, the development of the right of access is built around a peculiar phenomenon: while this right made its debut on the legal stage through the principle of transparency, it gradually became a subjective self-standing right. As the right of access to documents becomes an autonomous concept it has a further effect; the right of access to documents henceforth becomes part of the attributes of the citizen of the European Union. This leads to a narrow interpretation of the exceptions to the rights of access, conforming to the rule “the greatest access possible to documents”. The access to documents generates rights and obligations; the beneficiaries (“creditors”) have been numerous, but at the same time there has been an increase in the number of actors subject to the right of access (“debtors”). We are progressing to a new fundamental right
Wechs, Hatanaka Asako. "Mediation and intellectual property law : a European and comparative perspective." Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA008.
Full textA bad compromise is better than a successful lawsuit, says an adage. Would this also applies to intellectual property disputes ? Mediation is a dispute resolution method, which is in vogue. It became subject to harmonisation in Europe under the Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. In this context, the objective of the thesis is to analyse the functions performed by mediation as well as the limitations to mediate from the viewpoint of civil procedure law, contract law and intellectual property law and to present some proposals to optimise mediation to intellectual property law. A number of legal systems, institutions and dispute resolution providers will be covered with the focus on the European Union, France and the UK
Fauchon, Chloé. "L’effectivité des droits de la défense dans les procédures pénales transfrontières : étude en droit de l’Union européenne, droit français et droit espagnol." Electronic Thesis or Diss., Strasbourg, 2023. https://publication-theses.unistra.fr/restreint/theses_doctorat/2023/FAUCHON_Chloe_2023_ED101.pdf.
Full textThe European Union, either to constitute a Union with Rule of Law or to ensure fairness in cross-border criminal proceedings, must pursue the objective of effectiveness of defence rights in these proceedings. However, the reality is different; defence rights are not effective in cross-border criminal proceedings, as demonstrated by this thesis through the example of cross-border criminal proceedings between France and Spain. In order to accomplish this goal, we suggest various measures. First of all, a European normative instrument on defence rights in cross-border criminal proceedings should be adopted, and, secondly, it is necessary to create European operational structures to re-establish equality of arms between repressive authorities and the defendant
Talbi, Nora. "Le contentieux résultant de l’Europe bleue dans le domaine de la pêche : application des règlements et contradictions." Nantes, 1987. http://www.theses.fr/1987NANT4006.
Full textAfter long compoundings, e. E. C. Establish on january 25th, 1983 a fishing common policy. The dispositions of the new fishing regulation unify the fishing regime applicable on the whole states members and fill up the legal void, formerly felt in this sector. However, some imperfections, increased by widening on south of e. E. C. Are remaining. Does "l'europe bleue" reach now at it's maturity?
Léca, Nicolas. "Etude du règlement REACH : gestion du risque juridique." Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40027/document.
Full textREACH regulation aims at increasing the safety of chemical products thatcirculate in European Union by generalizing and detailing the assessment and management ofchemical risks. This generalization relies on four leading procedures (registration, evaluation,authorization and restriction) and on a disclosure obligation. The four leading procedures areopposable to any firm in a supply chain, so that this firm can manufacture, import or usechemical products in the European Union. Firm are also subject to the total disclosureobligation, mainly enforced through the Safety Data Sheet that publishes information relativeto the health and environmental risks of involved chemicals products. Both theimplementation of the procedures and the total disclosure obligation may represent a legal riskdue to several inadequacies in the REACH regulation. For a firm, this legal risk may hamperits competitiveness and consequently its survival. However, the damaging effect of this legalrisk may be circumvented using a methodology of legal risk treatments inspired bynormalization. In the last step of such a methodology, firms may eventually find economicaladvantages when implementing the REACH regulation
Alcalde, Céline. "La distribution automobile : étude juridique." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10001.
Full textThe european Commission has taken the choice to regulate the car sector by an exemption regulation, considered as an effective antitrust tool in order to provide a juridic security. The objective pursued was to fight the anticompetitive effects of vertical agreements by a direct intervention in the contract of distribution. The reform maked in 2010 has upset this balance, the Commission has given up her sectonial approach for a competition policy more than a global and economic one. Concerning the vehicle distribution, the exemption regulation 1400/2002 will come into force until 31 may 2013, then the sector will be submited to the exemption regulation 330/2010, the exemption regulation 461/2010 and their guidelines. The after sales services will be immediately submited to the new exemption regulation 461/2010 and by the exemption regulation 330/2010 and also their guidelines. The first rule who will permit to treat the car distribution like an y other market is the generalization of the uniform market share threshold of 30 % for the motor vehicle supplier and his distributor. The Commission gives up the objective of multi-brand distribution as far as the vehicle supplier can require from his distributor a buying obligation for 80 %. The key of the reform remain the giving up of the rules concerning the terme of the contract, the minimum period of notice, the rupture of contract and the right to refer disputes concerning the fulfilment of their contractual obligations to an independent expert or arbitrator. Concerning after sales services, specific rules more strict than those provided by the general exemption, particularly concerning the technical informations, spared parts, the refuse to honour warranties on motor vehicles and the access to the networks remains of sales services, have been kept
Corpechot, Marc. "Les modes de règlement des conflits collectifs du travail dans la CEE." Paris 2, 1988. http://www.theses.fr/1988PA020023.
Full textSince about ten years all the european countries have been more or less concerned by the economic crisis. The collective conflicts resulting from those circonstances have changed by nature and their importance. In order to resolve those problems every country can essentially have recourse to conciliation, mediation and arbitration procedures, being however tightly bound to industrial specific relations adapted to each nation
Anaboli, Panayota. "Les différends douaniers : sources et modes de règlement internationaux et communautaires." Université Pierre Mendès France (Grenoble ; 1990-2015), 1992. http://www.theses.fr/1992GRE21028.
Full textThe thesis examins the sources and the ways of customs disputes settlement on international and community level. It examins on one hand the non-judicial and on the other hand the judicial procedures of dispute sttlement. Through the different procedures, the thesis examins their efficiency, their limits and their perspectives. The study of the various customs dispute factors shows in which way the political developments influence the customs disputes. Finally, due to the interdependence between the sources of law and the procedures of dispute settlement, the thesis suggests that there should be ways to ensure the transparence and coherence of the different ways to solve dispute settlements on international, community and national level
Barre, Thibaud. "L’application du droit de la concurrence au marché de l’automobile : contribution à l’étude du régime concurrentiel des biens complexes." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10058/document.
Full textThe European Commission's object through the regulations of the competition consists of the integration of the national markets within a unique community market. For that purpose, the European executive did present as soon as possible the car industry as a privileged vector of this unification, setting up a competitive system of the vertical limitations within the agreements of production and distribution more efficient than is the overall system. Willing, at first, to arrest always shrewdly the economic realities of the sector, the Commission came around the importance of after-sales services in the competitive process afterward. Here are then both sections of the car industry system. On one hand, an apprehension of the economic situation of the sector, on the other hand a consideration of the complex nature of the car goods. This last one, as for all the goods including intellectual rights and to whom are intrinsically linked after-sales services, justifies therefore particular rules of competition and yet benefiting the car industry only. The goal of this research work was then focused on the distinction of both sections of the car industry system, to identify the rules commanded by the complex nature in order to propose their application to the whole of the complex goods thereafter
Hervé, Alan. "L'Union européenne et la juridictionnalisation du mécanisme de règlement des différends de l'Organisation mondiale du commerce." Rennes 1, 2011. http://www.theses.fr/2011REN1G036.
Full textThe purpose of the thesis is to examine the response of the European Union towards the evolution of the Dispute Settlement Mecanism of the World Trade Organisation (WTO). More than fifteen years after its entry into force, the Dispute Settlement Mechanism is being constantly judicialized, so as to be considered nowadays one of the most eminent examples of judicialization in contemporary public international law. As one of the most active participants in the Dispute Settlement System of the WTO the question of the EU's contribution and adaptation to this process has been pertinent. The objective of this thesis is to demonstrate that the EU's approach, wich is guided by its self-interest, has taken into account the judicialization of the WTO dispute settlement mecanism. The EU's decision making process has overcome its burdensome nature and has proved to be efficient in adressing the challenges of participating in WTO dispute settlements. At the same time, the EU managed to preserve the autonomy of its own legal order in spite of normative constraints resulting from judicialization. By the same token, the EU adapts its dispute settlement policy to the evolution and new nature of the system, by drawing inspiration from judicalization and its limits
Mouzaki, Dionysia. "La médiation des différends civils en droit de l'Union Européenne et ses incidences sur les droits français, anglais et grec." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3021.
Full textWith regard to the Directive n° 52/2008CE of the European Parliament and the Council of 21 May 2008 in certain aspects of mediation in civil and commercial matters, as well as the Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC also the Regulation (EU) n°524/2013 of the European Parliament and the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), this thesis examine the main lines for the development of mediation set out by the European Union. How the tendency to develop mediation within Europe, represented by the directive the European texts above has been reflected in the three legal systems examined? How mediation works in systems where law is rigid and its infringement is being severely sanctioned (civil law applied in France and Greece) and how does it work in common law (applied in the United Kingdom)? Mediation law is nowadays largely presented as a flexible way to avoid court’s costs, longevity and complexity. But should it be integrated in procedural law as a kind of complementary justice within the courts? Can positive law, courts and amiable dispute resolution cooperate in an effective manner? An effective cooperation of public justice and mediation could be of major importance for the improvement of procedural law, as access to justice is not always guaranteed. Public justice has not always being successful, since the severe application of law has been proven unable to create a social and dynamic legal system. Thus, it often cultivates “bitterness” against judicial adventure. In this regard, mediation promises a profound change in the way of settling disputes. However, the idea of a “private” justice based in contract law does not go without mistrusts. The imbalance between the parties is usually obvious in contract law and fosters the strongest party. The question then is to know if a secure legal framework of mediation based on the particularities of national legal systems could facilitate its proper implementation. The main concept of the thesis is to present a legal structure of mediation combined by the European law’s directives and their implementation in the three national laws. But the nature, the process, as well as the relation of mediation with courts are examined in parallel with the conformity of mediation in the article 6 § 1 of the European Convention of Human Rights, the fundamental right of a public hearing by a tribunal
Françoise, Marylou. "L'office du juge en conflit de lois : Etude en droit de l'Union européenne." Electronic Thesis or Diss., Lyon, 2021. http://www.theses.fr/2021LYSE3044.
Full textThe development of uniform choice-of-law rules by the European Union accompanies the project of developing a European area of civil justice the aim of which is guaranteeing the predictability of disputes. The European standardization of choice-of-law rules has not gone along with a unified procedural regime. The internationality of the dispute and the implementation of the conflict rule from European sources consequently depend on internal procedural arrangements. Although the procedural statute of the choice-of-law rule justifies a strictly national treatment because of its procedural nature in traditional private international law, the heterogeneity of the procedural systems raises questions about the objectives pursued by the Union. The optional nature of the choice-of-law rule generated by national procedural treatment, in particular, contradicts the imperatives of uniformity and effectiveness required by the European standard. The creation of uniform conflict-of-law rules does not establish a common judicial practice on its own.To ensure the development of a common area of civil justice, the standardization of choice-of-law rules must go along with a general procedural framework for the procedural statute of the choice-of-law rule. This study suggests us to reflect on a model of a European judicial practice in conflict of laws, in the light of the ad hoc framework that already exists in mandatory provisions and parties’ autonomy. It should be generalized by systematizing an ex officio application of the choice-of-law rule by the judge while allowing the parties to come forward when the rule allows it
Malekian, Hajar. "La libre circulation et la protection des données à caractère personnel sur Internet." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020050.
Full textFree flow of data and personal data protection on the Internet Protection of personal data is an autonomous fundamental right within the European Union (Article 8 of the Charter of Fundamental Rights of European Union). Moreover, free flow of personal data and free movement of information society services in particular online platforms is essential for the development of digital single market in European Union. The balance between free movement of data and personal data protection is subject of the European legal framework. However, the main challenge still remains to strike the right balance between effective personal data protection and free flow of this data and information society services. This balance is not an easy task especially in the age of online platforms, Big Data and processing algorithms like Machine Learning and Deep Learning
Quiniou, Matthieu. "Le contentieux du transfert de connaissances dans les relations entre l'Union européenne et la Chine." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020049.
Full textFacing the evolution of international trade and the development of intellectual proper ty trade between companies from different backgrounds, contractual model readjustments and a reordering of dispute resolution systems seems unavoidable. The unsettled legal status of secret knowledge in China and in the EU can be an obstacle to the formalization of their transfer and therefore inhibits the definition of a suitable framework for resolving disputes. Legislators and scholars are currently debating proposals of laws and directives to elaborate this concept and its regime, but only address issues liketor t and disclosure of secret information. Legal scholarship to date has mainly been focused on the voluntary transfer of knowledge and has taken intoaccount the damage caused to secrets. To meet the needs of business operators, these operations should not be limited to "know-how communication contracts” (contrats de communication de savoir - faire). The concepts of “ intellectual good” and " intellectual ownership" theoretically justifyother types of contracts, while Chinese and European laws refer to assignment and license of trade secret . These operations, often provided for in a complexs et of contracts between parties from different cultural backgrounds, can lead to a wide variety of disputes. When disputes occur, national courts do not always provide a level of protect ion of confidential information that meets parties’ expectations. Differences in procedural cultures as well as the Chinese culture of amicable dispute settlement prevent the parties from relying on national courts. The combinations between mediation and arbitration, by their procedural flexibility, can provide a suitable dispute resolution framework taking into account economic and cultural considerations. Therefore, this thesis proposes M² arb Rules that introduce a mediator-expert with a mission of securing knowledge confidentiality during the dispute resolution process
Penela, Olivier. "Systèmes de règlement de différends des processus d’intégration d'Amérique du Sud." Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10055.
Full textThe subject of my doctoral thesis focuses on the different legal institutions established by the South American integration processes – the Andean Community, MERCOSUR and UNASUR – in order to ensure accordance with the law in the application of their treaties. Beyond a simple comparative study, the objective of the thesis is above all to develop an analysis of the role of the jurisdiction of dispute settlement (the Andean Tribunal of Justice, the MERCOSUR Permanent Review Tribunal and the UNASUR Regional Arbitration Center currently being created) at the heart of the respective integration processes, as well as comparing the processes to Europe’s experience with the European Court of Justice as an embodiment of a legal system of integration and the development of an EU standard
El tema de mi tesis tiene como ámbito de investigación los Sistemas de Solución de controversias creados por los procesos de integración de Suramérica – la Comunidad Andina, el MERCOSUR y la UNASUR – para asegurar el respeto del derecho en la aplicación de los Tratados constitutivos. Pero, más allá de un mero estudio comparativo, el propósito de mi estudio es analizar el papel de los órganos jurisdiccionales (el Tribunal de justicia de la Comunidad Andina, el Tribunal Permanente de Revisión del MERCOSUR y el Centro de Solución de controversias de la UNASUR) en el seno de sus respectivos procesos de integración, teniendo como ejemplo y paradigma la experiencia europea y el protagonismo del Tribunal de Justicia de la Unión Europea en la consagración de un sistema jurídico integrado y en el desarrollo de una norma comunitaria continental
El tema de la meva tesi té com a àmbit d'investigació, els Sistemes de Solució de controvèrsies creats pels processos d'integració de Sud-amèricala – la Comunitat Andina, el MERCOSUR i la UNASUR – per tal d´assegurar el respecte del dret a l'aplicació dels Tractats constitutius. Però, més enllà d'un simple estudi comparatiu, el propòsit del meu estudi és analitzar el paper dels òrgans jurisdiccionals (Tribunal de justícia de la Comunitat Andina, el Tribunal Permanent de Revisió del MERCOSUR i el Centre de Solució de controvèrsies de la UNASUR) en el si dels seus respectius processos d'integració, tenint com a exemple i paradigma l'experiència europea i el protagonisme del Tribunal de Justícia de la Unió Europea en la consagració d'un sistema jurídic integrat i en el desenvolupament d'una norma comunitària continental
Robinson-Brocheton, María de las Mercedes. "Accords verticaux de concurrence en droit comparé franco-argentin et communautaire." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10007.
Full textVertical agreements mostly correspond to single branding, exclusive distribution, exclusive purchase, selective distribution, franchising and concession. Although their variety is large, most of the time they constitute competition agreements because they increase inter-brand competition. The main aim of this study is to look for and to analyse the assessment criteria of distribution vertical agreements in French, European and Argentine Competition Laws. In European Competition Law, an important set of regulations and a rich case-law exist concerning distribution agreements. The rules concerning vertical agreements have been reformed ; as a consequence of this reform, a new Block Exemption Regulation (Regulation No 330/2010) has been adopted and accompanied by new Guidelines on Vertical Restraints. Lots of vertical agreements also benefit from Block Exemption which confers them a presumption of legality and in case these agreements do not benefit from the Block Exemption Regulation, they still can be exempted on the condition that a positive economic balance should be established, notably in view of efficiency gains. Unlike European Competition Law, the Argentine Competition Law concerning vertical agreements has not adopted Block Exemption Regulation and the Argentine competition authorities analyse each agreement in the light of the Rule of Reason and analyse their impact on the general economic interest
Bouillot, Christophe. "Le centre des intérêts principaux à l'épreuve du groupe transnational de sociétés : réflexions à partir du règlement 1346/2000 relatif aux procédures d'insolvabilité." Lyon 3, 2010. https://scd-resnum.univ-lyon3.fr/out/theses/2010_out_bouillot_c.pdf.
Full textThe world is changing and "modernitiy" requires the jurist to understand foreign legal systems. Consolidation of the European union and globalization are shaking national certainties and modifying the economic geography of the European Union. In this context, economic crisis drew my attention especially in view of current economic events marked by bankruptcy proceedings (Swissair, Metaleurop. . ). The challenges of European insolvency law are examined. Indeed, the construction of an efficient single market requires community action facilitating coordination and harmonization of the European bankruptcy laws. The debates surrounding Regulation 1346/2000 on insolvency proceedings, the UNICITRAL Model law on cross-border insolvency, the rules of private international law and comparative law constitute an important basis for our scientific study. Globalization of the economy requires mechanisms for dealing with cases when a group of companies operates in several States. Nowadays, European Community regulation on insolvency proceedings is confronted with the present situation which transcends borders. The contrary constitutes an obstacle to the setting up of an effective law while this mode of company management developed over the last thirty years in Europe. Article 3§1 of the EU insolvency regulation states that a member state has jurisdiction to open insolvency proceedings where the debtor has its main center of main interest. Nevertheless, there is no rule for groups of affiliated companies. So, the purpose of European insolvency proceedings is discussed. For this reason, the debate explores insolvency of a group of companies within European Union
Jacquelot, Fanny. "Le pouvoir normatif des cours constitutionnelles : contribution à l'étude des règlements des cours constitutionnelles européennes." Saint-Etienne, 2003. http://www.theses.fr/2003STETT068.
Full textEuropean constitucional Courts adopt for their organization and their operation, regulations. Those are the expression of an autonomous normative capacity which has a constitucional base and intervenes within the framework of a constitucional reserve of competence. This capacity ensues, indeed, from the quality of constitutional power of the constitutional Court and from the principle of independence of the latter. Connected to the position of the constitutional Court in the State, this normative capacity is supervised in the legal order. Taking into account the principle of separation of powers, it can't be controled by the administrative judge and by the european Court of Human rights. The constitutional Court seems to be the only one which is able to exert a control on its normative capacity. However, this one remains under the control of the Constituent. This monitoring is, certainly discreet, but well presents nevertheless
Aoun, Elena. "Une (im)puissance en (dé)construction : l'implication de l'Union européenne dans la recherche d'un règlement de paix au Moyen-Orient." Paris, Institut d'études politiques, 2007. http://www.theses.fr/2007IEPP0024.
Full textThe Arab-Israeli conflict is one of the first foreign policy issues the European Community has ever addressed. This involvement has increased along the evolutions of : the European integration, the international system and the conflict itself. It has gained a greater momentum after the Oslo agreement and the entry into force of the European Union in 1993. Aside turning into the first international donor to the Palestinian Authority, the EU has widened its scope of intervention as the Arab-Israeli peace process started to falter, and it has come to hold a central role as a member of the international Quartet. The EEC/EU being an ever-evolving idiosyncratic international actor, the research starts with a thorough investigation into the very possibility of a European foreign policy and its characteristics. It then analyses the European positions and policies towards the Middle East conflict. Using a historical perspective, it identifies the determinants, the specificities, the underlying logics and the evolutions of the European involvement in the Arab-Israeli field and it shows Europe making way from the confines of the field to its center. Dwelling on innovative conceptions of power as an operative capacity with multifaceted outfits, particularly those of structural and/or symbolic guise, the research reveals that the EU, through what it says and does – or not –, intentionally or not, on the Middle Eastern chessboard (all of which is partly determined by what Europe is and by its relationship with the various actors) plays a significant and sometimes arbitrating role in the evolution of the Arab-Israeli peace process, whether in a positive or regressive direction
Trouzine, Belkacem. "Unification européenne des règles de conflits de juridictions et exequatur des décisions des états tiers : L'exemple des décisions sud-méditerranéennes." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40028.
Full textThe extension process of communitarisation will certainly have implications outside the European Union. Recognition of third decisions by the French judge will now be influenced by the application of European principles and values. This study will focus on the fate of the conditions required in France for the third decisions. The role of the judge will determine exequatur to illustrate the transition from legal practice. Indeed, it is the power of it will determine the fate of this practice to decisions from other States. In addition to the conventions developed in the European context, the Brussels Convention of 27 September 1968 and this Regulation No. 44/2001 (also Brussels II and Brussels II bis) and the partnership agreements, will not be immune to our research. In other words, we want to measure the development of European private international law, particularly in terms of mutual legal assistance on the outside. The goal is to give the European international private law a universal dimension
Kleider, Elodie. "De la faillite internationale à la procédure d’insolvabilité européano-suisse dans le cadre du règlement n°2015/848 : les effets en Suisse." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA026.
Full textIs Regulation 2015/2018 applicable to insolvencies linked with third States such as Switzerland ? On the one hand, the CJEU extends the vis attractiva concursus principle beyond European borders. But on the other hand, Regulation 2015/848, even more than Regulation 1346/2000, is designed for intra-EU insolvencies. The Schmid decision (CJEU, 16th January 2014, C-328/12) is a Pandora’s box, because very few provisions may in fact be extended to extra-EU cases. Chapter IV e.g. focuses on the equal treatment of European foreign creditors. How are the Swiss authorities going to react ? Chapter 11 of the Swiss PILA has recently been modified, in order to simplify the recognition of foreign insolvency proceedings. Exit the requirement of reciprocity, and welcome to a new ground of international indirect jurisdiction : the COMI of the debtor. Moreover, the opening of an ancillary proceeding in Switzerland becomes optional. However, the protection of local interests still comes first : no to discriminations of local creditors, and no to recognition of insolvency-related decisions if the defendant lives in Switzerland. Applying Regulation 2015/848 to insolvencies linked with third States would thus be incoherent, and cooperation with Swiss authorities may come to an end
Graf, Kathrin. "La médiation : une approche constructive à la hauteur des conflits de notre temps : un pont possible entre la justice et la paix dans un monde pluraliste." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020052/document.
Full textThis work aims to provide a multidisciplinary approach - historical, socio-political, economic, and psychological - to understand the general interest of constructive conflict management, and in particular the opportunities related to the method of mediation. The thesis reflects the path taken - from deconstruction to reconstruction of the subject - beginning with a theoretical analysis (origins, specificities, differences with other methods, values and principles) and considering the individual and collective phenomena inherent to each conflict and its management (levels of conflict, management dimensions, individual psychological foundations, opportunities of integrative bargaining, but also the limits and risks associated with the method of mediation). The present work also takes into account the personal evolution of the researcher, her practice as a mediator, exchanges with other professionals on this behalf and her personal findings of feasibility (practical advice, logistical organization, concrete tools for the various phases, and the restitution of the key steps of a practical case). Key words : active listening, alternative dispute resolution, arbitrary, communication facilitation, conciliation, confidentiality, consensus, constructive and effective conflict management, creative problem-solving, decision science, dialogue, empathy training, empowerment, Harvard negotiation model, impartiality, integrative bargaining, looping, mediative solutions, moderation, negotiation, “pareto optimal” solutions, peacemaking, process management, reconciliation, reframing, settlements, supervision, therapy, understanding, zone of possible agreements
Bouchareb-Cassar, Hafida. "La confrontation de la dissolution du lien conjugal et ses effets entre les Etats magrébins et les etats européens francophones (france et Belgique)." Paris 8, 2008. http://www.theses.fr/2008PA082996.
Full textThe purpose of this thesis is to study the dissolution of a marriage tie between North African states and European French speaking states, and what this dissolution means in term of confrontation on both sides concerning the juridic systems european and islamic. The difficulties of coordination between the islamic way of life and the international law are the result of divergence relating with personal status and family right. In the islamic law, personal status and religious faith are closely interlinked. Moroccan nationals who step up house in an european country are confronted with the law of the Maghreb and the law of the country witch welcomes them. Mixed marriages and in particularly in a case of repudiations are a sphere where european nations and some muslim nations don’t see things in the same way. One has to emphasize that these problems have been enduring for over tweenty years. A great numbers of Morocans lives in Belgium which leads to difficulties if their marriages have to be dissolved. Over these difficulties problems of laws conflicts are added. This study have tried to show the characteristics of these systems and the different way to solve the consequences of the divorce or of the repudiation. The presence of an immigrated community of personal muslim status and the encounter of the juridic european system with this phenomenon set the acute issue of the harmonization of two juridics systems deeply different. This can be described as a “conflict of civilisations”. This allows a broad view of the subject
Langlais, Peter. "Sécurité maritime et droit de l'Union européenne." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020079.
Full textAs a new level of regulation, European Union law appears both as the product of and catalyst for territorialisation and regionalisation of the governance of maritime spaces and activities. The human, economicand environmental challenges of maritime safety have made its legal order a privileged scene for the confrontation between the liberal traditions of the maritime sectors and the need for regulation by the public authorities with a view to preventing, limiting and compensating damages of any kind that may result from an accident. The European Court of Justice has thus proposed the terms of an unprecedented reconciliation between the traditional principles governing maritime liability regimes as organised by international law on the one handand the new principles of environmental law on the other hand. As a result of European integration, maritime safety requirements are gradually harmonizing at theregional scale, limiting the legislative competition between EU Member States while acting as flag or port authorities. By coordinating the position of EU States in international forums, the European Union succeeds in orienting international law dealing with maritime safety: it thus contributes to temper external legislativecompetition. Without a positive harmonisation in the field of taxation and social protection of seafarers, the convergence of EU Member States law results from an alignment with international practices. Similarly, whereas the commercial attractiveness of its internal market would allow it, the European legislator has so far made limited use of economic incentives. European integration has also led to the creation of a regional cooperation framework built around a dedicated regulatory Agency, in addition to an organisational and functional rapprochement of the national maritime administrations, resulting in a gradual homogenisation of European administrative practices,particularly in the field of port controls, licensing of recognized organisations acting on behalf of the flag State,mutual recognition of maritime diplomas and certificates, etc. This co-operation gives extended application to European requirements, although their singularity in relation to international law remains strategically limited
Novak, Stéphanie. "L'ombre du consensus : pratiques de la majorité qualifiée au Conseil de l’Union européenne." Paris, Institut d'études politiques, 2009. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247107285.
Full textAccording to existing studies, in the Council of the European Union, when qualified majority voting is the legal rule, ministers seldom actually vote; instead, they decide by consensus. The goal of this dissertation is to explain why ministers do not vote and what the obscure notion of "consensus" does mean. Interviews with members of the Council in 2007-2008 revealed that qualified majority voting is systematically used. The presidency does not aim at unanimity because she has to make adopted as many laws as possible. But during plenary sessions qualified majority voting is used implicitly to avoid the humiliation of outvoted ministers. Furthermore, implicit voting is used by the presidency in order to foster the adoption of texts when positions are ambiguous or when participants are not certain that there is a blocking minority. Besides, few negative votes are made public because outvoted ministers often join the majority at the last minute to avoid the discomfort of a public defeat. Indeed ministers often prefer not to disclose to domestic journalists, to lobbies or to their constituency their failure in defending their country's interests. Moreover the high threshold of qualified majority fosters outvoted ministers' fear of being seen isolated. Therefore qualified majority is an incentive for opponents to moderate the expression of their disagreement. Given that qualified majority voting is used despite an apparent consensus, opacity might be a condition of the pooling of sovereignties
Queguiner, Jean-Sébastien. "Qualification et détermination de la compétence spéciale : l'exemple de la matière contractuelle." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30030.
Full textFormally disassociating the sources of material and conflict legislation, European Private International law alters the classical problem of characterisation, resolution of which cannot be borrowed from BARTIN or RABEL theories any longer. Yet, the quality of the whole system, its stability at a given moment, as well as its capacity to develop and to deploy on the outside world, are placed in the narrow dependence of the efficiency of the characterisation process. Analysing this efficiency calls for an examination of the theoretical and methodological implications, as well as of the consistency of the achieved results. On both grounds, the current system of characterisation is undoubtedly disappointing, and should be reconsidered rationally. In this perspective, attention will be focused on “matters relating to contract”, submitted to the more complex and criticized rule of the Brussels I regulation. The importation of a conflict of laws issue within a conflict of jurisdiction reasoning (De Bloos/Tessili) constitutes a terrible factor of complexity, interpretation of the conflict category belonging to the European legal order while the interpretation of the connecting factor is abandoned to the national legal order. As a consequence, the reasons behind the choice of a specific connecting factor simply cannot impact the characterisation process, as the exclusion of all claims formed by third parties from the scope of article 5-1° illustrates (Handte). Moreover, complexity and heterogeneity of situations seem to radically oppose the exercise of adjudicatory authority by a unique jurisdiction other than that of the defendant’s domicile. In such a context, conflicts of litigations are more than frequent and are not always dealt with in a consistent manner. Gubisch, for instance, coerces the very thing Shenavai and Leathertex prohibit, i.e. the exercise of adjudicatory authority by the first judge seized, be it the judge of a secondary obligation. Kalfelis drastically opposes consolidation of parallel proceedings in the event a litigation implies claims founded on different grounds. Observation can thus be made that the Brussels I system currently separates three intellectual operations; characterisation, location of the connecting factor, and coordination of concurring jurisdictions are insulated from each other. Yet, those three operations not only chronologically follow one another, but also functionally pursue the same objective, and characterisation could, and should be provided with the means to anticipate the following difficulties. In this perspective, it is suggested that the dispersive consequences of every conceivable characterisation should constitute the very cause of the definitive and centralising characterisation. In other words, the results’ consistency, as well as the cohesion of the heterogeneous components of the claim should dictate methodological choices. It appears, in turn, that departing from the dogmatic attachment to actor sequitur and prior tempore would enable a well functioning regional system to deploy rationally on worldwide scale