Academic literature on the topic 'Séparation des autorités administrative et judiciaire'
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Journal articles on the topic "Séparation des autorités administrative et judiciaire":
Marchand, Jean-Michel. "Le recrutement des juges en France." Colloque : L'État en marche, transparence et reddition de comptes 36, no. 4 (October 31, 2014): 675–88. http://dx.doi.org/10.7202/1027165ar.
Guillot, Michel. "L’ETAT D’URGENCE EN FRANCE : LE JUGE ADMINISTRATIF ET LA PROTECTION DES LIBERTES." REVISTA ESMAT 10, no. 15 (August 30, 2018): 263. http://dx.doi.org/10.34060/reesmat.v10i15.241.
Asimow, Michael, and Jeffrey S. Lubbers. "The Merits of “Merits” Review: A Comparative Look at the Australian Administrative Appeals Tribunal." Windsor Yearbook of Access to Justice 28, no. 2 (October 1, 2010): 261. http://dx.doi.org/10.22329/wyaj.v28i2.4499.
Halley, Paule, and Ariane Gagnon-Rocque. "La sanction en droit pénal canadien de l’environnement : la loi et son application." Les Cahiers de droit 50, no. 3-4 (March 4, 2010): 919–66. http://dx.doi.org/10.7202/039345ar.
Vervaele, John. "Vers une réévaluation européenne du droit répressif ?" Revue de science criminelle et de droit pénal comparé N° 3, no. 3 (October 23, 2023): 509–46. http://dx.doi.org/10.3917/rsc.2303.0509.
Rosenbaum, Stephen A. "UNE PROCÉDURE EN DIFFICULTÉ: A BLUEPRINT FOR RESOLVING “SPECIAL” EDUCATION DISPUTES THROUGH A QUASI-INQUISITORIAL ADMINISTRATIVE PROCESS." Windsor Yearbook of Access to Justice 32, no. 2 (October 1, 2015): 115. http://dx.doi.org/10.22329/wyaj.v32i2.4684.
Falgas, Anthony. "Vincent Lambert : quand la séparation des autorités administrative et judiciaire s’efface devant le droit à la vie." Revue des droits de l’homme, December 23, 2019. http://dx.doi.org/10.4000/revdh.7623.
Rousset, Michel. "L’État face aux situations exceptionnelles." Paix et sécurité européenne et internationale Numéro 7 (July 15, 2017). http://dx.doi.org/10.61953/psei.1142.
Dissertations / Theses on the topic "Séparation des autorités administrative et judiciaire":
Djedje, Zako Jean-Marie. "La dualité juridictionnelle en Afrique subsaharienne francophone : analyse d'un modèle importé à partir des exemples burkinabè, gabonais, ivoirien et sénégalais." Electronic Thesis or Diss., Université de Lille (2022-....), 2022. https://pepite-depot.univ-lille.fr/ToutIDP/EDSJPG/2022/2022ULILD004.pdf.
Between the rejections, the partial implementation and aborted implementation, the reforms regulating the juridic duality illustrate the feeling that they do not function well but as purely symbolic or, somehow, as they indicate a process not grasped well. Accordingly, the transition from monism to juridic duality does not lead to a serious development of the administrative issue qualitatively and quantitatively in the francophone African countries. Presumably, if the process of duality can be accommodated, it would not lead to its systematic condemnation. The increasing uniqueness of the collectivities' territorial issues, the urbanism, the environmental issues as well as the attraction of African wealth leading to a kind of “scramble” of investors and powerful stranger forces do not ask for the only specialization of the administrative jurisdiction. Its independence and autonomy are now necessary in order to fully meet the new and renewed challenges. Nevertheless, we must distinguish the incompatible properties in the French imported model from the efficient coaching of the administrative action in francophone Africa and the incongruences of the reforms regulating this model. Briefly, the scope, the context and the accommodating environment of the juridic duality should be re-examined, reassessed in order to create an administrative law both faithful to the principles useful to its efficiency and reflecting the sociological features of new area
Sanclemente, Arciniegas Javier. "L'indépendance du régulateur en France et en Colombie." Thesis, Paris Sciences et Lettres (ComUE), 2016. http://www.theses.fr/2016PSLED023.
The independent regulator is an institution distant from the legal tradition shared by France and Colombia. The adoption of this institution in Colombia has raised difficulties which were associated with the influence of french law. The advent of the independent regulator has been influenced in France and in Colombia by extra-national sources linked to the Anglo-Saxon legal tradition: the European law ant the international lending funds, respectively. Nevertheless, France has managed to overcome the legal challenges posed by the institution and the French legal system adequately protects the independence of the regulator. This demonstrates that the institution is not incompatible with the common legal culture. To consolidate the independence of the regulator in Colombia it is relevant to analyze the French system and to moderate the influence of another Colombian tradition: presidentialism
Laureote, Xavier. "Le droit d'agir en justice des autorités étatiques devant les autorités judiciaires et administratives : contribution à la théorie juridique de l'État." Thesis, Paris 10, 2008. http://www.theses.fr/2008PA100111.
The existence of a notion recognising the State as a law subject in the internal legal order has been proven. Positive law gives subjective attributes to the State authorities, that is to say rights and obligations regarding other entities. Notwithstanding its generalized use in statutes, case law and doctrine, the concept of the State as subject to national law has not been extensively studied. This shortcoming is particularly noticeable concerning the situation of the State in respect to the national judges, because it contrasts with the success of the notion of the rule of law. This notion promotes subjecting public powers to the respect of law and to the control of the judge. According to a common presentation, the rule of law implies that the State is considered as a moral person whose decisions are subject to the respect of the principle of legality, just as other legal persons. This proposition deserves to be considered in the light of positive law. This study undertakes the situation of the French State as a subject of common law. It examines the situation of all State authorities with the capacity to act before administrative and common jurisdictions. The prosecutor is included in the scope of this study in order to better grasp the whole of principles and concepts that define and constitute the subjective relationship between the State and French jurisdictions. The analysis concerns the sources and the status of the right to act in justice of the State on one side, and the rules of procedures applicable to State authorities who are part of administrative and judiciary process on the other. This perspective helps to value the importance and the strength of the accountability of the State and of the limits of its assimilation, in the proceedings, to ordinary judicial persons. It also reveals the complexity of the judicial link between the State as a subject of law and the citizen as a beneficiary of fundamental rights. Consequently, the study renews the theoretical approach of the State and its legal forms such as the sovereign State
Glais, Estelle. "Le contrôle français des opérateurs économiques : Pour un meilleur équilibre entre le renforcement de l’action publique et le respect des droits fondamentaux." Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G011.
The powers and enforcement methods used by the french economic control authorities constantly changed since the beginning of the 00s. In many aspects, these new prerogatives and approach have raised concern, as the amount of sanctions imposed to the operators exploded. One of the problems relies in the fact that, willing to foster a quicker and more effective public action, the legislator accepted to give more autonomy to the authorities, especially vis a vis the courts and judges. Thus facilitating the concentration of powers in the sole hands of the control authorities, which in many branches of economical regulation, are now able both to prosecute and impose penalties. However, since 1992, a growing array of fundamental rights have been attributed to the economic operators as legal persons, especially the right to have a fair trial, and to have access to legal recourse. The aim of our research, is to determine how the equilibrium between the law enforcement and the respect of this fundamental rights could be improved. After analysing the different hard spots in the procedures of the french authorities regarding fundamental rights, several solutions are proposed, classified in two categories: Upstream, the measures that could be taken to improve the legal security of economic operators in France ; The more targeted measures to be taken regarding the major hard spots in the authorities powers and procedures