Dissertations / Theses on the topic 'Secret de la défense nationale – Droit'
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Gauvin, Fabrice. "Le secret de la défense nationale en droit français." Grenoble 2, 1996. http://www.theses.fr/1996GRE21029.
Full textAmong administrative secrets, the national defence secret remains the only one to be preserved by the administrative transparency laws voted at the end of the seventies. In french law, the article 413-9 of the penal code alone defines the national defence secret. Its use by the government lies sometimes over this definition. This is unfortunate as there is no possibility of control of this utilization. The administrative magistrate as the judicial magistrate, cannot have an access to a secret which is opposed to them. The definition of the notion is thus unprecise but corresponds to a wide regime of protection. First, from a repressive point of view, severals infractions against the fondamental interests of the nation repress those who break the secret. Those people are judged by jurisdictions of exception and according to particular procedures. Secondly, from an extrapenal point of view, many rules tend to protect the secret by setting against certain rights or publics liberties. This work proposes a detailed study of the notion of the national defence secret, its legal aspect, as its uncorrect utilization which is regulary revealed in the press by the "affairs". The diversion of the notion of the national defence secret leads to analyze the different possibilities of control of its utilization by the jurisdictions. Thus after proposing a correct definition of the national defence secret, this work studies the regime of protection of these defence secrets. This study is not limited to the penal aspect of this protection and exposes the different rules that exist in severals law domains and that contribute ponctually or generally to the protection of the secret
Recio, Manuel. "Le secret et le droit." Toulouse 1, 2009. http://www.theses.fr/2009TOU10046.
Full textThis research will be divided into two parts : on the one hand, the study of Secrecy as a subject of Right, in other words how Secrecy, which is not a legal subject, is positioned within the legal system ; on the other hand, the study of Secrecy as far as Law and Justice are concerned, that is to say the analysis of the rules which govern it. The first part leads us towards the Sacred and myth and reveals the atavism between Secrecy and the Sacred, from which it draws its affect but also its ambivalence : it is the illicit or it can represent lie too, but also intimacy or confidence. Myth appears as the narrative of Secrecy that rite materializes. This part then brings us to the study of the archè which shows the rooting and distribution of Secrecy in our society. However this study of the archè, which is linked to the Sacred and myth, does not evacuate them : they reveal the importance of Secrecy which could only be established by the legal system. The second part shows the recognition by Law of Secrecy which remains however ambiguous and of which the negative aspect will explain its questioning for reasons of transparency and also security concerns. This said, the border is thin between information and surveillance or between virtue and obscenety, and if transparency is necessary, it must be limited by secrecy. This however does not mean agreeing to lie or corruption, but accepting that fields be conditionally withdrawn from any interference. The theme of security is presently experiencing new developments which overdetermine effects on secrecy. The legislator arms the State in advance with a vast right of intervention which tends to ruin its legitimacy and effectiveness
Tordjman, Garcon Nathalie. "Le secret et le droit pénal." Paris 2, 2000. http://www.theses.fr/2000PA020119.
Full textBenillouche, Mikaël. "Le secret dans la phase préliminaire du procès pénal en France et en Angleterre." Paris 1, 2001. http://www.theses.fr/2001PA010297.
Full textWarusfel, Bertrand. "Le secret de la defense nationale : protection des interets de la nation et libertes publiques dans une societe d'information." Paris 5, 1994. http://www.theses.fr/1994PA05D007.
Full textIn france, the traditionnal state secret has progressively turned into a criminal law concept : the secret of national defence. However definition of its content and scope of its enforcement are still a difficult matter. The new definition of the defence secret stated in the new penal code sets out two innovations : 1 the defence secret is made a simple part of a larger mechanism which protects the "core interests of the nation". 2 the legal existence of defence secret is also closely tied up to the measures taken by the administration to protect it. This protection of secret is based on security services which enforce regulations relating to information medias (classification), to people (positive vetting and "need to know") and to physical protection of sites. However, this mechanism of protection is confronted to realities of the contemporay information society which is characterized by significant developments mainly from the use of information technologies. Moreover, the defence secret might be discredited by perioic misuses which can be generated, and also be legally limited by laws regulating the citizens'information rights. However, this a priori limitation enough to overcome the lack of a posteriori counter-popwer in the very interest of the national security - to enforce controls ont the use of secret
Guillaumin, Béatrice. "L'appareil français de renseignement : une administration ordinaire aux attributs extraordinaires." Electronic Thesis or Diss., Paris 1, 2021. https://ecm.univ-paris1.fr/nuxeo/site/esupversions/87fa596a-79d4-4f38-89d4-aca7a78356b9.
Full textSince the end of the 2000s, the integration of the intelligence apparatus into the French administrative and institutional landscape has been indisputable: legal framework for its activities, redefinition of the link maintained with the executive branch, plural control to which it is now subject, etc. While this normalisation should be verified, it will be more essential to assess its scope. At the threshold of the study, a bundle of clues can be released to corroborate the process of a substantial normalisation of the intelligence apparatus. However, it cannot disappear and merge entirely into the administrative matrix. In this hypothesis, while the normalisation process intends to erase the originalities of the intelligence apparatus, it actually generates a paradoxical movement: new originalities have been added. Thus considered, the alignment of the intelligence apparatus on the administrative model remains limited by a certain number of elements which shape an administration with a singular appearance, oscillating between normality and originality. To be convinced of this, the aim is to emphasise that the normalisation of the intelligence apparatus takes place by the conjunction of two movements in perfect synchronization. The first relates to the legal framework of the intelligence apparatus which constitutes the apanage of this normalisation. The second is triggered by the tightening of control over the intelligence apparatus, the mechanism of which appears to be the markers of this normalisation
Ranquet, Marie. "L'accès aux archives publiques en France. Le droit et la pratique vus par les archivistes depuis 1979." Electronic Thesis or Diss., Paris, Ecole nationale des chartes, 2016. http://www.theses.fr/2016ENCP0002.
Full textFrench archives are ruled by several laws and decrees. First of them go back to French Revolution : it is the law of Messidor 7, year II, by which the idea of free access to archives for citizens is brought out. This idea is nevertheless still quite far from the French Freedom of Information act taken in 1978, in the general context of « laws of 3d-generation rights of men ». The Messidor law is amended during the 19th century to take into account the necessary protection of the interests of State and families. It is repealed by the law n°79-18 of January 3d, 1979 ; this law establishes for the first time the principle of terms for accessing to archives. It is in turn repealed by the law n°2008-696 of July 15th, 2008, which comes after decade-long controversy about access to Second World War archives in particular: even if the mere existence of secret is well accepted, the terms themselves under which these secrets should be held expired are a public issue.Despite a well-shared idea, restrictions on archives'accessibility keep getting stronger. Specific access regimes such as classified informations or medical secrecy gradually become conflicting with the general right of access to archives.The 2008 law arouses many practical interrogations among archivists, confronted with a modification of the communicability terms as well as a deep change in method, these terms being now determined by the degree of sensibility of the information rather than by the nature of the document itself
Balado, Ruiz-Gallegos Manuel. "La défense nationale dans les institutions espagnoles." Aix-Marseille 3, 1995. http://www.theses.fr/1995AIX32027.
Full textWuylens, Nathalie. "Défense nationale et propriété industrielle." Paris 2, 1998. http://www.theses.fr/1998PA020066.
Full textSaad, Ahmed. "La nullité de l'acte d'instruction." Lyon 3, 2010. https://scd-resnum.univ-lyon3.fr/in/theses/2010_in_saad_a.pdf.
Full textProcedural rules governing play of the judicial inquiry reveals that follow two major objectives some rules are intended to protect the interests of litigants and others, in parllel, tend to guarantee an effective functioning of justice and proper conduct of criminal proceedings. They shed, respectively, light on compliance with a certain formality required, and failure to complymust be sanctioned. Clearly, nullity is necessary sanction and an effective means against the excesses and "arbitrainess" of some judges instructor to ensurerepect for certain principales of public order and safeguarde the basic rights of defense. The invalidity of the taking of evidence irregulary done, has a fondamental procedural safeguards afforded to litigantes. Judicial practice has focused on inequality of arms between the investigative authorities that have broad ways to fulfill their mission and litigants who suffer the results of evidence collected against them, yet the determination of the causes of nullity of evidence is problematic not only under the narrow are of nullity text, but also and especially the uncertain nature of nullity substanded also. In fact, the effectiveness of investigation should have the intention of achieving legislators, both french and tunisians, have tried repeatedly to moderate thimplementation of the theory of nullity. They seem to advocate more effectively to adress the inaccuracies of a system that is reluctant to draw conclusions from practice. The confidentality of information obtained is above any disclosure on the public scene, and generally to all postive law
Gillot, Marie-Cécile. "Secret et publicité dans les procédures juridictionnelles." Paris 8, 1991. http://www.theses.fr/1991PA080751.
Full textThe french procedure rules are strictely defined by the texts of laws and by the principles of jurisprudence. The french procedures rights has been completed by the rules enclosed in the european convention of human rights ratified by france. The european convention of human rights sets the basic principles of defence rights during a trial. Tha application of these rules is succeeded by juridiction on the whole. But some of them ( during the preliminary investigation and particulary during the hearing ) are not always respected by the intervening parties in the trial. How to make the right rules respected ? do solutions to solve the conflict exist ?
Kamwe, Mouaffo Marie-Colette. "Droit de confidentialité et droits de la défense dans les procédures communautaires de concurrence : Union européenne (U.E.) et Communautés d'Afrique subsaharienne (UEMOA et CEMAC)." Montpellier 1, 2007. http://www.theses.fr/2007MON10005.
Full textDjie, Bouin Wilfried. "Le droit à un procès équitable et la justice transitionnelle dans la reconstruction du système juridique et politique ivoirien." Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10052/document.
Full textThe issue of the research deals with fair trial and transitional justice in Côte d'Ivoire. The problem at stake here is to see how the state of Côte d'Ivoire fail to protect and respect an international fondamental right as Fair trial in context of post crisis.It will be convenient to highliht the role of transitional justice and its mechanisms in the process of reinforcing respect and promotion of the right to a fair trial in Ivory Coast
Tizot, Florent. "L'encadrement juridique de l'action militaire dans les opérations de sécurité." Thesis, Aix-Marseille, 2020. http://www.theses.fr/2020AIXM0033.
Full textIntimately linked to the applicable legal regime (s), the observation is sharp: the rules operational that mark out the military mission no longer offer the expected legal security. This observation carries in itself the germs of the many questions that condition this study. The first relates to legal logic in the strict sense: what is the applicable standard? The answer is not as clear in view of the importance of the subject. Finally, the right of defense in question here is only an artificial construction, referring to a conglomerate of heterogeneous rules in substance, form and applicability. Requiring the development of criteria benchmark, the highlighting of this constellation made up of as many standards from domestic law that international law clarifies the second question: the legal tool made available to the armed forces is it effective and protective in the context of legal proceedings? In France, the answer is clearly negative: with the total legal abandonment of the concept of war, only the internal common law, in particular criminal, or the Law international humanitarian, in part, find to apply. By ultimately representing the alpha and omega of the legal framework referred to in these lines, the principle of self-defense determines both the source and the solution of the issues it raises. The privileged response of defense lawyers, the flexibility of this principle offers it increased applicability as much as it lends the flank to the weakness of the legal framework of any armed deployment
Shan, Chunxue. "Etre avocat en Chine." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1030.
Full textChinese lawyers today are at a crossroads, torn between an inquisitorial legal culture and a procedural system which aims contradictory ; between Chinese legal traditions still alive and thriving imported new law, and finally, between the traditional monopoly of the public interest and recognition of more and more of the individuals in today society. In ancient Chinese society, where clan and holistic system tolerate little notion of the individual, the Songshi's profession, trial's master, was never able to live under the sun. For the same reason, the lawyer's profession had suffered the same fate during China's rough communist period. Today, the supremacy of the public interest at the expense of individual's interests continues to lead the lawyer on heavy professional hazards, especially when the lawyer stands in the front line for his client to face the prosecutor. The conflict is pushed to the extreme regarding criminal defence against a charge punishable by death, where the lawyer reached the top of the nobility of his ministry, while exposing the most danger, facing Parquet. Why does Chinese society leave so little room for the individual? Why, despite the Chinese law being modelled on the greatest European codes, individuals don't seem to gain a place as legitimate as in European societies ? What was, is and will be the relationship between the individual and the collective in a Chinese society ?
Doui, Wawaye Augustin Jérémie. "La sécurité, la fondation de l'Etat centrafricain : contribution à la recherche de l'Etat de droit." Phd thesis, Université de Bourgogne, 2012. http://tel.archives-ouvertes.fr/tel-00732095.
Full textEl, Jadie Amna. "L'énergie nucléaire et le droit international public." Thesis, Tours, 2017. http://www.theses.fr/2017TOUR1006/document.
Full textAll states without discrimination have an inalienable right to develop the uses of nuclear energy for civilian purposes, provided they do not divert these peaceful uses to nuclear weapons. However, five states have been granted the right to possess these weapons, that is : United-States, France, Russia, China and United-Kingdom. Around this position a fierce debate, both legal and ethical, has been raised. Indeed for its opponents nuclear represents a persistent risk that is non controllable by science. Major nuclear accidents, radioactive wastes and the use of nuclear for military purposes are unmanageable risks of exceptionnal serious gravity. On the other hand, the proponents of this energy present it as safe, even as part of sustainable development. According to them, nuclear is a reliable means to fight global warming and is also a solution to the energy shortage the world is facing. When analyzing the reliability and the credibility of all arguments for and against this industry, it can be noticed that the lawfulness and legitimacy of the use of nuclear energy are ill-founded. Therefore, we believe there is a need to go beyond nuclear with the conclusion of an international convention dealing with the progressive but comprehensive nuclear ban
Dalil, Essakali Moulay Abdeljalil. "La place du procès équitable dans la justice pénale marocaine." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA017.
Full textCurrently, in Morocco, the conditions of an equitable criminal trial seem joined together. To go towards its effective protection, the article 1st of the Criminal procedure code of 2002 stipulates that: “Any person marked or suspected to have made an infringement is supposed innocent until its culpability was legally established by a decision having acquired the force of the judged thing, at the conclusion of a fair trial where all the legal warranties are joined together. The doubt benefits the defendant". Only, these principles are reconsiderations by the official reports being taken until registration of forgery or checking of writing. They are finally by all the procedural provisions which exclude any effect of the inward conviction from the judge is by granting a conclusive force particular to certain modes of proof is by specifying in advance the means of proof which only makes it possible to establish the existence of a given infringement. Admittedly, it is not always easy for a judge to determine the authenticity and the honesty of the official reports. But the international standards are a source of advices on the way of appreciating the honesty of the evidence. To prevent that such practices are not legally authorized. The Moroccan judges must achieve their mission with the eyes of the law and exclude any proof torn off by the constraint or violence. Any procedural document achieved apart from the law or in violation of the methods which it specifies must be able to (irregular searches, interrogations under constraint, illegal, arbitrary or secret arrests…). Inevitable infringements of the rights of the individual during the investigation, the continuation and the instruction (loss of liberty, violation of the secrecy of the correspondence and the communications, searches in the residence and on the workplace, seizure of the incriminating evidences…) must be limited by the law, scrupulously defined under their conditions as in the effects which they produce and must be able to be the object of a dispute in front of a judge. If the Moroccan judges took this duty and these principles with the serious one, the Moroccan judges would deal a great blow not only in favour of equity of the lawsuits, but also against torture and the ill-treatments
Genêt, Stéphane. "Renseignement militaire et actions secrètes de la guerre de succession d’Autriche au traité de Paris (1740-1763)." Thesis, Paris 4, 2010. http://www.theses.fr/2010PA040174.
Full textThis work tackles the question of the military intelligence from the war of Austrian succession (1740) to the treaty of Paris (1763). The military intelligence is initially replaced in the strategic thinking of the period which evokes it little while paradoxically highlighting its importance for the armies. The various sources of military information are the second part. The army Spy, unrecognized figure of the period, plays a daily role within the armies of the Ancien Regime. Located at the margins of society and the military sphere, attracted by profit but also by the sense of adventure, social recognition or induced by a nascent patriotism, the spy takes risks to satisfy a sleeping partner. The third part focuses on the military secret, hard to preserve and unveiled in logic of networks, at different scales and in a more or less complex organizations. The spy takes part of a personal relationship with a supervisor whom he is the "client." The study examines in a final time the transmission and protection of information obtained. The risks are varied (postal interception but especially enemy spies). The conclusion raises the question of the effectiveness of the military information, not very decisive because of the logistic constraints and widespread distrust about information and the actors who collect them. In a period of structuring of the army and centralization of political power, military intelligence is in contrary a decentralized operation. The need for reliable information leads to a militarization of civilians, transforming them into auxiliary information
Cantú, Rivera Humberto Fernando. "La responsabilité des entreprises en matière de droits de l'homme." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020005.
Full textCorporate responsibility in the field of human rights implies a series of obligations and responsibilities of diverse nature, both for States and businesses, in order to identify, prevent and redress potential human rights violations. Nevertheless, international law is called to play merely a "guiding role", while State practice at the domestic level, as well as corporate practice, can eventually transform into a series of binding obligations allowing to put in practice the principles, rights and responsibilities established at the international level