Dissertations / Theses on the topic 'Service public administratif'
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Ziani, Salim. "Service public et obligations de service public." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA011.
Full textThe « service public » is a key concept of French administrative law. It is based on the assumption that public entities are the initial guarantors of the public interest and solidarity. Today however, the « service public » was replaced by a specific notion that emerged from the law of the European Union and instead of being based on the ability of the State, it is based on the ability of the market. This concept is the «obligation de service public» (public service obligation) and it tends to regulate the role and intervention of the State in order to preserve the competition in the market. Through this change appears a new conception of the role of the State
Ribault-O'Reilly, Anne. "La durée des contrats de concession de service public." Rennes 1, 2002. http://www.theses.fr/2002REN10002.
Full textSekkat, Abdelrhani. "La Concession de service public en droit administratif français." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb376098629.
Full textSekkat, Abdelrhani. "La concession de service public en droit administratif français." Bordeaux 1, 1987. http://www.theses.fr/1987BOR10019.
Full textFrom all administrative contracts, the most important, and may be the most used, the one that is at the origin of may conflict and raises up great interest and ever passion, the contract that the doctrine and jurisprudence call a "concession of public service", is, without any boubt the most problematical, and sometimes the worst delimited. And nevertheless it would be important to define its most important caracteristics. It's the one that expresses the highest degree of collaboration between the administrating and a third party; it's the contracting parties that, on the occasion of inner litigation, made it often become a question of general orders. And still, the notion of concession isn't very clearely defined. The explaination of that enigma must be looked for in the attitude of the contracting parties and especially in the one of the conceding authority, in the fact that the administrative practice of concession made of it a contract that is different from the one which was described in the theoretical classical model ? if that's the right explanation (and why not), it explains an important , and may be a regrettable effect of the evolution of the notion, that evolution, mainly concerning the functions and the domain of use of the concession,is,however, far from having given only negative effects. The concession of public service, that means for the contracting parties rights and obligations, and gives rise to an important contentious matter, is often shows as a notion in crisis. If it seems hard to deny it, it will be necessary to give some explanations about the origins and the manifestations of that crisis, and also about the worth of the solutions proposed to solve it. Finally, it's possible to maintain that the concession problems could be solved by a come back to the first truths of that contract, that's to say, the gestion of the public service belongs to the concessionay, at his own risks, under the control of the conceding authority
Boulle, Jean-Pierre. "La prérogative de service public." Nice, 1996. http://www.theses.fr/1996NICE0013.
Full textBouju, Serge. "La concession de service public : critique d'une banalisation annoncée." Paris 10, 1999. http://www.theses.fr/1999PA100027.
Full textGuiheux, Antoine. "Délégation conventionnelle du service public et liberté de l'admistration." Paris 10, 2000. http://www.theses.fr/2000PA100132.
Full textGuénaire, Michel. "La fonction unificatrice du service public dans le droit administratif." Paris 2, 1985. http://www.theses.fr/1985PA020012.
Full textGuénaire, Michel. "La Fonction unificatrice du service public dans le droit administratif." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb37594787v.
Full textGollain, Valéry. "L'identification des contrats de délégation de service public." Artois, 1998. http://www.theses.fr/1998ARTO0304.
Full textDelegation of publics services contracts is constitute by several elements. The author suggest a definition : the delegation's public service contrat is the contract who entrust the public service to a person separate from the public autority. When the public service isn't industrial or commercial, the remuneration depend on result's working
Nicinski, Sophie. "L'usager du service public industriel et commercial." Paris 1, 2000. http://www.theses.fr/2000PA010252.
Full textSiffert, Antoine. "Libéralisme et service public." Thesis, Le Havre, 2015. http://www.theses.fr/2015LEHA0022/document.
Full textFar from being contradictory liberalism and public services go hand in hand. The notion of public service seals the impact of liberalism on public law. Public service allows the desacralisation of public power and underpins it to the objectives of liberalism. Public power upholds the fulfillment of society, serving both the individuals and the markets. As a perfect example of a liberal institution, public service also reveals the contradictions of liberalism
Pereau, Jean-Louis. "Le service public de l'information au Maroc." Grenoble 2, 1987. http://www.theses.fr/1987GRE21063.
Full textThe roots of the moroccan public office of information are the protectorate s'information system. The protectorate s'information policy works towards a double end : popaganda and censorship. Its aim was to assimilate the morocan people. For carrying into effects this aim, a very efficient organization was created which was bequeathed to the moroccan at the independancy. At the beginning of the independancy the information's policy wanted to be the contrary of the protectorate's. Its salient feature was freedom. The political events compelled the moroccan authorities to lead an authoritarian policy. The moroccan authorities definitely confused information with propaganda and censorship. The information policy is one of the components of the throne's policy the aim of which is to preserve the dyxnasty. The ends which are carrying into effects are to mantain a permanent bond between the king and his people. Therefore the instrument which was bequeathed was improved. Morocco is an underdeveloped country. Therefore the information policy should tend to the succes of the economical and social developement. This is why information has to be defined again : not to serve only the king but the whole people. The new policy must follow a double tendancy : to broadcast new ideas about developement which would be accepted by the moroccans. Therefore the people would accept and agree to the development policy which would be subsituated for the present authoritarian policy
Yao, Diassie Basile. "Pour une justice au service des partenaires administratifs : contribution à l'étude de l'organisation juridictionnelle administrative de la Côte d'Ivoire." Clermont-Ferrand 1, 1986. http://www.theses.fr/1986CLF10016.
Full textIn ivory coast, what characterised administrative law is its access to common man. Nevertheless the administration keeps some particularity : in fact though both administrative and civil cases are firsthy tried by the same court in the supreme court, they are handled to differents houses. However, that effort to wite the legislation doesn't wake things ease weither to the citizen, nor to the administrative law itself. In fact, the lawer, through his judicial pratice fails to find a solution to that gap. This, not only because of his status and the ivoirien institutionnal environnement, but also due to his carefuluess before innovation, soft application and creation of rules. There fore, modification are needed in administrative and judicial organisation in term of structure, procedure and management in order to meet the administrative partners'will. Furthermore, one can thik of a "non contentious administrative procedure" two solutions can be suggested : a para-jurisdictional stop for option and extra-jurisdictional one for conflicts. All these reforms will associate a decentralised administration, take accounts the creative feeling of the magistrate as well as the critical observation of the doctrine for creation and application of adequate rules
Murgue-Varoclier, Paul-Maxence. "Le critère organique en droit administratif français." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3061.
Full textIn French administrative law, the organic criterion is an instrument of legal qualification dependent upon the presence of a public body in a legal relationship. Its origins date back to the 19th century in the subjectivation of the rights of public power of which the State is invested and the differentiation of the public and private bodies. Misconstrued with the criterion of public service at the beginning of the 20th century, the organic criterion gains its autonomy at the time of the "crisis" of the notion of public service which consecrates the dissociation of notions of public body and public service. This criterion, which bears witness to the institutional logic to which administrative law is associated, serves as the foundation for the construction of notions.However, the organic criterion has been the subject of strong opposition for many years. On the one hand, the "trivialization" movement which affects rights of public bodies reinforces the inadequacy of this criterion in determining the applicable law. On the other, as a result of contemporary changes to the French administrative model, the reference to this criterion has diminished. While the public body appeared in the past as the preferred mode for public action, the administration is encouraged nowadays to "outsource" its activities. Despite a phenomenon of "privatization" of administrative measures, the judge and the legislator maintain the application of special rules in absence of the organic criterion.While the administrative phenomenon now extends beyond public law, the definition of the organic criterion in administrative law remains firmly linked to the notion of public body. Several factors, however, call for a redefinition of this criterion. The functionalization of public action only partially conceals the relation between public and certain private bodies within the public sphere which nevertheless remain under close public control. It is on the basis of the notion of "public control" that a redefinition of this criterion can be undertaken in administrative law
Akkaraphimarn, Bubpa. "La concession de service public : étude comparative en droit français et en droit thai͏̈landais." Toulouse 1, 2001. http://www.theses.fr/2001TOU10046.
Full textWhen it is a question of managing the public service, the law relating to the concession process is linked to the law of the public service. It is the pursuit of the public interest which justifies the submission of the administration to these regulations of a private law nature. These regulations are made up of, at the same time, the prerogative of the administration, and restrictions more rigourous than those which concern private entreprise and are, in France as in Thailand, dominated by new requirements (transparency and international regulations). These new factors have equally influenced the contentions aspects of the concession process. The principle of separation between administrative and judicial autorities remains complex. The administrative juridiction is gaining territory in two countries. However the commercial considerations play a more important role in Thai͏̈lande than in France and arbitration, illegal in France, is permitted in Thailand
Jeon, Joo Yeol. "Essai sur l'adoption du droit du service public français en droit administratif coréen." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1000.
Full textKorean administrative law is characterized recently by an attempt to adopt the law of public service. This means a movement attempting to change the administrative law by exceeding its classical foundations from German law, including fundamental doctrines developed in the late 19th century. The attempt is mani-fested by the introduction of general rules for public service activities. However, the implementation of these innovative rules for Korean law will be consistent only when certain conditions are met, including procedu-ral requirements such as enlargement of the admissibility of administrative litigation. We identified elements that must be considered for change of Korean administrative law by adoption of the French law of public ser-vice se that it could be operational. This approach is based on the analysis of the current state of Korean law regarding the idea of public service and public jurisdictions
Espagno, Delphine. "Essai de refondation de la notion de service public en droit administratif français." Toulouse 1, 1998. http://www.theses.fr/1998TOU10017.
Full textThis essay contributes to give new fundaments to public utilities by its sources and the law construction of public utilities. To find again the public utilities origins, one must try to detect its first evidences and the way this idea of public utilities expresses itself. This preliminary leads to study the ways public utilities notion is concretized, as a part of community organization. By this way it is possible to consider public utilities as an object of law construction, which tries to subsume the classic oppositions between individual and collective, state and citizens. So one can see public utilities as something built by law and as something regulated by law. Researching these new fundaments leads to propose a definition: public utilities are utilities which are common to members of a community, social solidarity and the state of law. Public utilities can so appear as an answer to the necessary living together will, as a fundamental choice of social living, a reasonable, democratic and peaceful choice of life
Gence-Creux, Christophe. "Analyse economique des contrats de delegation de service public." Toulouse 1, 2000. http://www.theses.fr/2000TOU10050.
Full textAmilhat, Mathias. "Les incidences du droit de l'Union européenne sur le concept de contrat administratif." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10006.
Full textThe French concept of « administrative contract » is directly subject to the influence of the European Union law. The first guidelines on public procurement were directly inspired by French law. It is only since the late 1980s and early 1990s that the pattern is reversed: now the French concept of administrative contract evolves under the influence of EU law. However, to assess changes faced by French law - and anticipate them - the notion of « administrative contract » proves to be insufficient. In fact, the emergence of a true European law on public contracts and its integration into national law seem likely to lead to a merger or empowerment of the latter. They would inevitably lead to the disappearance of the notion of « administrative contract »
Blaquière, Benjamin. "La théorie de l’accessoire en droit administratif." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020084.
Full textThe "accessory theory" is a legal rule that tends to suggest that the accessory has to follow the principal. Even though it had been increasingly invoked in administrative law, it has been used in a somewhat impressionistic way. In order to better understand it and facilitate its application, this study aims to figure out when, how and why this theory applies in French administrative law
Mrad, Djamila. "Subjectivisation du contentieux et contrat administratif." Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLV065.
Full textThe litigation of the administrative contract has been the subject of a restructuring which is reflected in a phenomenon of subjectivization. This is based on a specialization of actions. This movement was constructed in opposition to the traditional figure of the applicant co-participating in the implementation of the principle of legality. This specialization of the actions is expressed first of all by a strengthening of the conditions of appreciation of the existence of the action and is then eloquently manifested in the examination of the defense. Finally, the administrative judge focused his function on the contractual norm. He determines, regarding his jurisdictional powers and in the light of the “circumstances of the case”, if the contract has to be kept in the legal order. Therefore, the terms of the jurisdictional control of the administration have changed: the judge is not anymore analyzing a norm to norm relation but a norm to concrete situation relation. This subjectivization of the litigation accompanies the mutation of the administrative contract, object of the litigation. Indeed, the study of the relationship between the administrative contract and the market has revealed how the notion of administrative contract has been restructured around the competitive market. As a contract, the administrative contract relies on the competitive market with the aim of better satisfying the general interest. Its administrative nature allows, at the same time, to impose the general interest to the market, when it is not able to respond to the imperatives pursued by public action. The administrative contract allows the state to be a part of the market, as well as to oppose it. The subjectivization of the litigation contravenes the objectivism of the administrative contract in a competitive approach. The administrative judge confirmed his role as a legal body protecting state interests. Ultimately, the mutation of the administration’s jurisdictional control reflects the evolution in the role of the state and its administration in its relationship to the market
Gonçalves, Barbara. "Le détenu : du statut d’assujetti au service public au statut d’usager du service public." Electronic Thesis or Diss., Université Clermont Auvergne (2017-2020), 2019. http://theses.bu.uca.fr/nondiff/2019CLFAD010_GONCALVES.pdf.
Full textFollowing numerous reports denouncing the detention conditions indignity in the early 2000’s andvarious convictions of France by the European Court of Human Rights in this matter, prison law hasgradually evolved. The consequent change in the applicable standards to the convicted person, whois deprived of liberty then raises questions about his status and the legal category to which theybelong. For a long time, the detained person was subject to the public penitentiary service becauseof the large number of prescriptions issued by the administration to which they are subject.However, the prison law dated 24th November 2009 and the criminal law dated 15th August 2014on sentences individualization, which strengthens criminal sanctions effectiveness, seem to haveredefined the status of the detained person. These laws assert that they have the right to enjoydignified conditions of detention, but above all they make reintegration one of the main missions ofliberty deprivation and of the penitentiary public service. The detained person has thus become theholder of a right to the normal functioning of the penitentiary public service and can claim arehabilitation benefit from the penitentiary administration. They then see their status change tobecome closer to that of the public service user although the applicable law often remains specificbecause of the inherent constraints of the liberty deprivation penalty
Fialaire, Jacques. "De la décentralisation du service public d'éducation nationale." Paris 1, 1987. http://www.theses.fr/1987PA010258.
Full textAmilhat, Mathias. "Les incidences du droit de l'Union européenne sur le concept de contrat administratif." Electronic Thesis or Diss., Toulouse 1, 2013. http://www.theses.fr/2013TOU10006.
Full textThe French concept of « administrative contract » is directly subject to the influence of the European Union law. The first guidelines on public procurement were directly inspired by French law. It is only since the late 1980s and early 1990s that the pattern is reversed: now the French concept of administrative contract evolves under the influence of EU law. However, to assess changes faced by French law - and anticipate them - the notion of « administrative contract » proves to be insufficient. In fact, the emergence of a true European law on public contracts and its integration into national law seem likely to lead to a merger or empowerment of the latter. They would inevitably lead to the disappearance of the notion of « administrative contract »
Coste, Philippe. "La régie intéressée." Orléans, 2005. http://www.theses.fr/2005ORLE0002.
Full textJamais, Gauthier. "Le contrat au sein de l’emploi public administratif territorial." Thesis, Lille 2, 2017. http://www.theses.fr/2017LIL20004/document.
Full textAdministrative jobs of local authorities cover all public employees working on behalf of an administrative public service managed by a local authority or one of its subsidiary. Those jobs, originally conceived to be mainly occupied by civil servants, are in fact occupied by a fifth of contract agents. Contract agents demonstrate that civil servants alone are not able to fulfill every tasks of local authorities. Contractualization could be a way to ensure modernization of those jobs: either a global privatization or an increase of their contractual components could be solutions. The career logic, used for more than thirty years, would then necessarily be called into question. This thesis, after having established that civil servants alone are not able to fulfill every tasks of local authorities, discusses the proposed solutions
Delacour, Eric. "La notion de convention de délégation de service public : essai de définition d'une nouvelle catégorie de contrat administratif." Paris 2, 1997. http://www.theses.fr/1997PA020017.
Full textThe notion of convention (or contract) of delegation of public utility has recently appeared in french law. However, the legislator has consecrated this notion but he has not defined it. Nevertheless, a definition of this convention is necessary, in particular so as to delimit the field of enforcement of its legal regime. This notion can be defined in the following manner. It's the contract whereby a public collectivity transfers the exploitation of public utility in favour of her contractual partner. The object of contract is an essential element of the definition of this convention which allows to distinguish it from the others administrative contracts, especially the public procurement. This definition which is based on material criterion (the object of contract) seems the most appropriate because it permits to emphasize the specificity of the convention of delegation of public utility which is not similar with the "traditional" concession of public utility. Indeed, there are several kinds of contracts which belong to the category of conventions of delegation of public utility (concession, affermage, regie interessee. . . ). Therefore the elements of the definition of the delegation of public utility are not necessarily the same to those of the concession of public utility. There is especially the mode of remuneration for administration's contracting party among these different criterions between the delegation and the concession. This criterion is present in the definition of the concession but it is not listed in the definition of the delegation. Thereby, one cannot make a distinction between the delegation of public utility and the public procurement according to this "financial" criterion in opposition to solutions of the jurisprudence and the majority of doctrine about this point. The last-mentioned criterion allows to go into more detail about the category of conventions of delegation of public utility but it is not to fix the limits of this category
Delort, Nadège. "L'influence du critère organique sur la délégation de service public." Tours, 2007. http://www.theses.fr/2007TOUR1007.
Full textAs a public contract, "la délégation de service public" assumes the existence of an organic criterion, i. E. The presence of a public person. However unlike other contracts for witch the organic criterion is not sufficient to confer on them an administrative characteristic, «la délégation de service public » seems like an administrative contract by nature. The delegating entity that entrusts a public service management must be a public person. This criterion immutability results from the existence of an unfailing link between that criterion and the notion of public service. As a common interest carrier, the public person is in the best position to determine a common interest activity. The organic criterion is the founding element of the public service. Therefore despite the fact that private persons can initiate a common interest activity, these will not be able to act as a delegator. Holding the mastery of the public service, only the public person can (or not) qualify after the event the service public activity. The existence of a delegating public person will be seriously questioned by the community law. On the one hand it ignores the French notion of « délégation de service public » replaced by the concession, on the other hand, concerned with the respect of advertising rules and competitive call by the number states, it flouts organic criterion in favour of the material criterion. Nevertheless excluding from the competition law some situations in which public persons appear, it implicitly accepts specifities of the latter. After identifying the existence of a public service activity, the public person will be put in charge of its control. Its means that she will be able to choose freely to assume the management or to leave it in delegatee’s care that is, as a rule, a private person. However the current law does not view the public person as a legal barrier in its capacity of delegate any more. Helped by the unilateral delegation process that allows a public person to be a delegatee, measures to relax trading and industrial freedom and neutrality of the community law regarding the organic criterion, the internal law authorises a public person to run for granting « une délégation de service public » in the same way as a private person. Consequently equality between operators forecasts the decline of the organic criterion. Now the public person is subject to the advertising rules and competitive call. Conversely equality between operators does not forecast the decline of « la délégation de service public ». The existence of a public person as a delegatee will reinforce the fact that « la délégation de service public » remains a public service contract
El, Youssef Dina. "Les contrats internationaux de délégation de service public." Thesis, Nice, 2013. http://www.theses.fr/2013NICE0039.
Full textInternational contracts of public service delegation is part of a set of known longstanding techniques, long-terme leases with more than three centuries of existence and the concessions being emerged is the nineteenth century. Public-private partnerships are the latest form dated complex relations between public authorities and industry operators or services. The technique of delegation of public service is widely used in the world and adapted states follow there own internal laws in different approaches of the delegation. Notes that the amplitude of the subject is a challenge. A systematic approach will reduce difficulties. Several factors most be taken into consideration. The first concerns the delegable activity, the second door on the contractual forms of delegation and the third focuses on international transposition delegation contracts. In our research, we will study contracts delegation of public service in the broadest sense and from an international point of view without going into the internal classification of those contracts in each country. Based on the French model of th "concession" and the Anglo-Saxon model "BOT" which are the two basic models of the most common we will follow all the steps of delegation contract : Procurement, life and termination of the contract and its contents. We will also try to highlight the answers to the problems arising from this experience and widespread in almost all countries and applications whose success depends on the geographical area and population of the country
Abagissa, Ababushen Jemal. "L'évaluation de mise en oeuvre de la réforme des services publics dans le gouvernement d'Addis Ababa." Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40018.
Full textPublic sector reform has been undertaken in different parts of the world since 1980s in the name of New Public Management and with the objective to change traditional public administration. The ultimate purpose of the reform is to improve the effectiveness, performance and quality of public services delivered to the citizenry and to enhance thecapacity to carry out core government functions. The advocates of NPM insist that the practices and principles of the private sector can be adopted by the public sector to improve the business of government. NPM has been seen as a global best practice to be adopted usually under various international pressures. Nevertheless, in reality there is no single best approach, every reform-oriented government would have to consider to what degree and how key features can be incorporated into their public management systems and contexts. Because of contextual differences, results of reform implementation varies from place to place and even from organization to organization within a country. In an attempt to improve service delivery in the public sector, the government of Ethiopia launched civil service program in 1996 and service delivery policy and implementation instruments in 2001. The overall objective of the reform is to enable public institutions toprovide their services to the public in efficient, effective, transparent and responsive manner. Based on the objectives of the policy and parameters drawn from service delivery literature, this study aims at evaluating the performance of the service delivery implementation in Addis Ababa City Government using quality, quantity, cost and time as performance indicators. A sample of three purposely selected agencies and offices which are involved in daily provision of services are the major sources of primary information of this study. 600 customers, 78 employees, 13 focus group members and managers from the respective offices provided their views and answers to the questionnaires and interviews forwarded during the data collection period. The study shows that of the three offices, RICSRS( resident identification and civil status registration service) performed better than other offices in most customer related quality dimensions and service deliver speed. Service delivery speed has been improved to the satisfaction of the service users and as the result the number of customers used the service significantly increased over the study period. On the contrary, service delivery at Land Administration Authority is rated poor in most aspects of performance parameters. The causes of poor quality include very low level of transparency, responsiveness, reliability, speed, grievance handling mechanism, employees’ motivation, courtesy and other quality dimensions. The number of service users did not increase over the study period. Customers witnessed that service deliveryprocess takes long period of time contrary to the time indicated in service standards. The contacts are boring, too long and unnecessary leading to dissatisfaction. Service delivery at Revenue Agency can be viewed as moderate though it falls short in some aspects. It performed average in timeliness, process easiness, transparency, fairness, responsiveness, grievance handling and competence. It performed below average in dimensions such as consultation with customers, access to service providers, respectfulness and courtesy. The number of customers has increased manifold over thestudy period. Cost incurred per customer has shown varying trends in which highest per capita is recorded initially and the lowest in 2006. It surged in 2007 and slightly declined in 2008. Finally, service delivery improvement together with new tax laws resulted in an increase of revenue collection. The total revenue increased from 729.47 million Birr in 2001 to 2.6 billion Birr in 2006(2.6 billion Birr is about 260 million USD in the year 2006). Overall, the research shows that some progress has been made in the implementation of the reform but there are a lot to be done to achieve the goals aspired in the service delivery policy. The service delivery policy document is well written containing many important service delivery instruments that address important aspects of effective service delivery in the public sector. However, their implementation is retarded by a range of problems: Resistance to change, weak planning and evaluation, weak commitment, lack of objectiveemployee performance evaluation, and failure to fully understand reform implementation techniques compounded with low staff morale due to low salary, absence of incentives and good working environment. In all the three sectors, employees have similar complaints regarding working environment and incentives. The employees also indicated that there has not been objective employee performance evaluation that could link individual performance with pay and rewards. This has created a situation where hardworking employees are treated with non-hardworking in equal way. Cost effectiveness is also easier said than done in the new Ethiopian public service and the choice of alternative service delivery approach is not yet adopted because of ideological subscription to developmentalist state guided by revolutionary democracy
Mallavaux, Laurent. "La définition de l'équilibre économique des concessions de service public." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3057.
Full textThe economic equilibrium of concession contract’s historical French definition demonstrated through principals drawn from public contract theory. However, this definition reduced the influence of the equilibrium to the contract imbalances. The economic equilibrium definition goes beyond the co-contractor rights to exploit the public service. In addition, the economic equilibrium definition has related to a remuneration model or to co-contractor’s risk. Nevertheless, each time it occurs, it is an unsuccessful try to reveal a thorough definition of the economic equilibrium of concession contract. To resolve the complex equation, it is necessary to use the heterogeneous characteristics in concession contract and to notice the global mechanic among them. The recent concession contract reform in Europe is an opportunity to. First, the definition review should take into account the concept of operating risk and integrating so the interconnectedness of the many factors that characterize concession contract. Then, the definition review should require introducing the economics as aims to make profit and market conditions to streamline the use of the economic equilibrium of concession contract and its effects in contractual relationship
Melloni, David. "Délégation de service public : du contrat à l'habilitation institutionnelle." Nancy 2, 2006. http://www.theses.fr/2006NAN20013.
Full textThe current meaning of the notion of delegation of public utility in French Law rest on too narrow an approach, which is based on two axioms : risk and contract. This conception fails to give relevant limits to this notion, whose boundaries with public procurements and partnership contracts turn to be unclear. Neither does it reflect the variety of contractual tools that can be used to implement it. The analytical study of traditional models (concession, affermage, régie intéressée, gérance) and different types of complex contractual arrangements emphasizes this observation and calls for an urgent redefinition of the notion. Redefining the notion first entails objectively taking into account non-contractual modes of structural delegation of public utility through hypotheses of structural delegation (to which the EC definition of institutionalised PPPs takes us back) and unilateral delegation of public utility, which shows the very diversity of the delegation process. It then calls for a new approach of the notion in which the public utility (apprehended as an institution) remains the only element of unity. Going beyond the controversy surrounding unilaterality and contract, the delgation of public utility thus materializes through an act of capacitation that creates an objective legal situation whose regulatory nature precisely stems from its relationship with the very organization of the public utility. Transcended by its purpose, this institutional capacitation entails the application of a specific legal system. As such, it is gradually emerging - in French law as in EC law - as an instrument of regulation whose function is precisely to reconcile the principles of public utility with the demands inherent to a competitive environment
Babadji, Ramdane. "Le droit administratif en Algérie : mutations et évolutions." Paris 1, 1989. http://www.theses.fr/1989PA010292.
Full textThe administrative law is subject of important mutations and evolutions. Its area of application knows important extension, it has come back again to his initial configuration. The applicable law in organization of administration is caracterized by a clear autoritary tendancy. The law is useless when it obliges the administration. This study has dealt with state's law from 1962 to 1989
Alnamsh, Munirah. "La libéralisation des télécommunications : étude de droit administratif comparé franco-koweitien." Thesis, Université de Lorraine, 2019. http://www.theses.fr/2019LORR0034.
Full textThe Liberalization of telecommunications in all its aspects raises legal, political and social issues. The interaction between these various issues logically and naturally encourages us to trace the process of adaptation of the public telecommunications service. That in mind, the liberalization of this sector, is moving us towards a future with this perspective. It is without note that this transformation has not been without legal consequences. The advent of liberal ideas in the telecommunications sector has brought the traditional economic principles of public law into competition law, and new legal problems are emerging. This thesis aims to study the French and Kuwaiti experience in the liberalization of the telecommunications sector. It will be necessary to identify the multiple legal dimensions of this liberalization, in particular the issues related to the public service. In this perspective, two fundamental points have been successively addressed. On the one hand, the implementation of the liberalization of telecommunications in France and Kuwait. On the other hand, the organic and material restructuring of the public telecommunications service.The comparative analysis has shown that the context of liberalization varies between France and Kuwait. In France, the liberalization of the public telecommunications service is to a large extent explained by the influence of European law. This is a progressive translation of the various European directives relating to the liberalization of networked services. In Kuwait, the liberalization of the telecommunications sector is the result of an internal desire, supported by certain international recommendations in this area. The liberalization of the telecommunications sector in Kuwait has not been as coherent and harmonious as in France. That is why a reform project has been proposed to allow Kuwaiti law to adapt to the new economic and social context
Moulin, Paul. "Le principe de mutabilité en droit administratif." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2023. http://www.theses.fr/2023ASSA0076.
Full textThe principle of mutability was identified by Louis Rolland in the 1930s a one of three key laws governing public services. Since then, its autonomy has been a subject of debate, particularly regarding its relationship with the law of continuity. lts application has largely been confined to public services and contracts, and both its normative value and naming have faced scrutiny. To overcome these challenges, this thesis offers a comprehensive, normative, and formal perspective on the principle of mutability, which posits that public authorities must have the ability to alter the legal order. lt shows that the adaptability of administrative actions and contracts evolved from sovereignty theory, influencing the structure of state authority in administrative law. Refined by public service theories, the principle of mutability is currently experiencing renewed growth, driven by the resurgence of the traditional state model and its need to adress contemporary economic, social, and environnmental challenges. Consequently, this thesis advocates for better oversight of actions that deviate from established public interest goals and a reassessment of the balance between mutability and legal certainty. This aims to facilitate necessary adjustments by public authorities while effectively safeguarding citizens' rights and investments. Therefore, the principle of mutability stands out as a key principle for future developments in administrative law
Beddiar, Nadia. "Le mineur délinquant face au service public pénitentiaire." Thesis, Lille 2, 2011. http://www.theses.fr/2011LIL20017/document.
Full textThe correctional institution is experiencing a profound process of modernization under the influence of European and constitutional law, which tends to assign to it all the characteristics of a public service and significantly adds to the law of enforcement of sentences.This normative development, under the control of an administrative judge, has introduced the basis of a genuine legal status for minors as coerced users of this public service. Efforts carried out by the penitentiary administration in the aim of establishing detention rules that apply and are adjusted to the different categories of prison population, and particularly to minors, are changing the traditional/classic conception of the prison‟s missions.The specificity of detention rules, as confirmed by the creation of detention facilities for minors and the search for a legal status for the minor inmate, is endorsed by the opening up of the penitentiary administration and the building of partnerships with other institutional actors.The mobilization of new resources constitutes a fundamental axe in the preparation of the social rehabilitation of minors, in their own best interest and benefit. The issues around the correctional framing in the objective to define the administrative status of the minor inmate lead to double angled analysis: the fixing of the foundations of prison law applicable to minors, and the application of this law which illustrates the need for an adaptation of the penitentiary action when it comes to minors
Marquis, Jean-Claude. "Les services techniques de l'Etat (Equipement, Agriculture), prestataires de service et maîtres d'oeuvre publics." Lille 2, 1988. http://www.theses.fr/1988LIL20003.
Full textDaragon, Simon. "Service public et droit fiscal." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D036.
Full textThe growing intervention of public figures in the economic field as well as the increasing number of public service activities entrusted to private entities has deeply changed the public law. The question thus arose as to which tax treatment should be applied to these activities. The tax legislator has not yet taken into account the nature of the activity, a public service, to respond to the question. In addition, when the concept of public service is used in tax regulations, it refers to a different definition to the one used in public law. The tax legislator does not refer to the distinction between pure public services and industrial and commercial public services. However, this does not mean that the tax legislator does not take into consideration the increase of public service activities. Indeed, in order to apprehend the tax treatment of an activity, the legal tax regime, just like public law, compares it with the activities existing in the competitive market. Thus, if the nature of the public service in the view of public law does not have any influence on its tax treatment, its administrative or industrial and commercial tainting may, on the contrary, allow its identification. As such, tax law joins the logic of public law: by granting little importance to the public service nature of an activity, it might be required to use the tainting to reach the tax solution
Beddiar, Nadia. "Le mineur délinquant face au service public pénitentiaire." Electronic Thesis or Diss., Lille 2, 2011. http://www.theses.fr/2011LIL20017.
Full textThe correctional institution is experiencing a profound process of modernization under the influence of European and constitutional law, which tends to assign to it all the characteristics of a public service and significantly adds to the law of enforcement of sentences. This normative development, under the control of an administrative judge, has introduced the basis of a genuine legal status for minors as coerced users of this public service. Efforts carried out by the penitentiary administration in the aim of establishing detention rules that apply and are adjusted to the different categories of prison population, and particularly to minors, are changing the traditional/classic conception of the prison’s missions. The specificity of detention rules, as confirmed by the creation of detention facilities for minors and the search for a legal status for the minor inmate, is endorsed by the opening up of the penitentiary administration and the building of partnerships with other institutional actors. The mobilization of new resources constitutes a fundamental axe in the preparation of the social rehabilitation of minors, in their own best interest and benefit. The issues around the correctional framing in the objective to define the administrative status of the minor inmate lead to double angled analysis: the fixing of the foundations of prison law applicable to minors, and the application of this law which illustrates the need for an adaptation of the penitentiary action when it comes to minors
Gonod, Pascale. "Édouard Laferrière : un juriste au service de la République." Paris 1, 1992. http://www.theses.fr/1992PA010252.
Full textA lawyer and journalist during the second empire, Laferrière (1841-1901) belong to the generation of republican opponents who, as they drew their inspiration from the 1789 ideals and the positivist philosophy dreant of a republic which would lead to changes without entailing upheavals. As the republic whas poclaimed, laferriere placed himself in the service of the state and made his carer at the conseil d’état; president of the legal department after staying fort un short while at the direction générale de l'administration des cultes (1879), he became its vice-president. This experience and his lecturing at the faculty of law of Paris (1883) enabled him to write his "traité de la juridiction administrative et des recours contentieux", owing to which he became the founder of modern administrative law. Clarifying and systematizing he principles of the administrative legal mathers, he developed a code of analysis of the administrative law which expounds the conditions under which the administration should be dubjected to the law. The specificity of administrative action acounts for the administrative jurisdiction whose conception was reformed to comply with the guarantes inherent in any juridictional control. Its intervention is prompted by the appeals Laferrière set about to classify by staying the foundation of the theory of "recours pour excés de pouvoir" the conciliation by the republic of both the necessities of administrative actions and the requirements relating to its limitation testified to the edification of the state under the rule of law. As administrator, he took part in it and as vice-president of the conseil d'état he contributed to fitting this imperial institution in which republic by strengthheing its independence and guaranteeing the balance of its powers. Appointed governor general of Algeria during and uprising (1898), he relied on the support of public opinion. .
Tabeau, Tiffanie. "Le droit administratif et l'exploitation des oeuvres cinématographiques." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1067.
Full textThe study of the exploitation of films through the prism of administrative law reveals a little-known side of cinema law. Indeed, far from the preconceptions, research shows how administrative law was first an instrument to preserve and promote movie theaters and how it remains today a powerful means of promoting and distributing cinematographic works.Moreover, at a time when digital cinema distribution methods will totally disrupt the film industry, the thesis confirms that there is no doubt that the legal framework for its development will necessarily be weakened. New challenges will have to be officially recorded by the law, because the cinema hall (movie theater), as the principal medium of the work, is now faced with scanning equipment or planned obsolescence of the current media timeline. All this therefore implies an adaptation or mutation of administrative law if its duty is to retain a central role in regulating the exploitation of cinematographic works. The main intention of this thesis is to reveal and to understand the continued need for a framework formed by the administrative law of cinematographic works. To do this, before showing how administrative law is still a legitimate way to organize and support the distribution-projection of works, it will first be shown that "special" law, although binding, was very quickly essential to the very existence of movie performances and generally speaking, to the maintenance of the French film industry
Khater, Chérif. "Le contrat de concession de service public ou B. O. T. En droits français et égyptien : étude comparée de l'évolution contemporaine." Paris 1, 2004. http://www.theses.fr/2004PA010269.
Full textPaparrigopoulou, Patrina. "Le contrôle du service public de santé en France et en Angleterre." Paris 1, 1990. http://www.theses.fr/1990PA010258.
Full textThe speciality of the sanitary sector of the public health services affects the administrative control in two ways, on the one hand by the imposition of a certain type of organisation and on the other hand by its influence on the extent of the control. That two public services being compared although phenomenally different, nevertheless present common rules of organisation and control
Shen, Jun. "Introduction du régime de responsabilité administrative du service public en droit chinois : un vecteur vers l'équilibre entre l'intérêt général et l'intérêt particulier." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32036.
Full textQuessette, Laurent. "Au croisement de l'État, du service public et du marché : recherches sur les chemins de fer en droit administratif français." Toulouse 1, 2011. http://www.theses.fr/2011TOU10038.
Full textThe birth and the development of the railroads in France are understood at the same time by the continuation of the movement of centralization of the territory operated by the State, and the expansion without precedent of the capitalist economy, which saw emergence, as from the XIXth century, of the mode of the concessions and the intervention of the public power. With the explosion of the exchanges and ways, a political control of these flows appeared. As from IIIrd Republic, the role of the State evolving on social matters, the rail was gradually led to become a public line of business. Nationalization operated in 1937, by creating the National company of the railroads, and the passage, in 1983, of the statute of company of mixed economy to that of industrial and commercial public corporation, seems to reinforce this tendency. But the behaviour of company adopted by the SNCF, in particular starting from the reform of 1971, leads to a difficult conciliation between requirements which appear increasingly contradictory. In this direction, the influence of European integration was decisive being the questioning of the monopoly of the SNCF, the opening to the competition of the rail networks and the appareance of a new railway regulation. In this configuration, the maintenance of the railway public service seems to depend on the will of the regional councils, within the framework of railway regionalization, and the financial support of the State for the money-losing lines which continue to answer an general interest. These are theses movements that this thesis intends to analyze
Galhuid, Frédéric. "Le régime fiscal des délégations de services publics locaux." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32034.
Full textBadié, Bléza. "L' application de la concurrence aux conventions de gestion déléguée de service public." Paris 2, 2001. http://www.theses.fr/2001PA020058.
Full textCarlucci, Sarah. "La trasferibilità delle autorizzazioni e concessioni amministrative." Electronic Thesis or Diss., Toulon, 2021. http://www.theses.fr/2021TOUL0140.
Full textThe research aims to investigate the problems relating to the transfer of administrative acts between private subjects, especially with attention to activities related to health services, where it is difficult to find a balance between conflicting interests,The subjective change in the legal relationship between the Public Administration and the holder of the administrative act, which is replaced by a new beneficiary, must be read as a legal act ontologically linked to the contextual transfer, inter vivos or mortis causa, of the subjective legal situation that justifies the legitimate interest in being the holder of the favorable administrative act. Indeed, the transfer of a commercial activity loses its legal, economic and social significance if the buyer or the universal successor cannot benefit from the administrative act necessary to effectively carry out the activity. But, if the private subject is clearly in favor of a free transferability of the administrative act, it is also necessary to take into account the public interests protected by the administrative act, interests present both at the time of issue of the act and at the moment of the transfer of the authorized activity.Currently, administrative jurisprudence continues to consider administrative acts as strictly personal, stating that it is not possible to transfer an administrative act to a new beneficiary because it is issued in consideration of the person who benefits from it. However, if it is clear that we cannot speak of the transferability of those administrative acts that depend on strictly individual qualities, there seems to be no valid obstacle to the transfer of an act issued exclusively or mainly by reason of the objective activity to which it refers. The transferability of an administrative act in which the economic potential and the presence of technical prerequisites are more important than personal qualities could therefore be recognized, without threatening the public interest, which remains protected by the fact that the transfer of the administrative act is not a simple marketing between private subjects, but it is a legal act that can exercise its effects after issuing a specific authorization by the competent public administration. This administrative intervention is read by the jurisprudence as the issue of a new authorization but we believe that it must be interpreted and regulated as a preventive check only of the subjective elements required by law, because if there is a contextual transfer of the commercial company, such as an organization of resources, the compliance of the activity with the qualitative and quantitative criteria predetermined by the public administration has already been verified at the time of the issue of the administrative act : it would rather be necessary to subject the activity to subsequent periodic effective checks carried out by the competent administrations, aimed at verifying the compliance with the conditions set out in the transferred administrative act.Transfers of administrative acts are operations that involve significant legal risk, which should be understood and analyzed to best manage it. The aim of the research is to examine whether there are general and common criteria that can be used to solve theoretical and practical problems related to the transfer of administrative acts, with reference to private commercial activities and public service activities
Delblond, Antoine. "Les Nationalisations françaises : approches théoriques de l'interventionnisme." Paris 1, 1990. http://www.theses.fr/1990PA010289.
Full textFRENCH NATIONALIZATIONS ARE ONE OF THE MOST SPECTACULAR ASPECT OF STATE INTERVENTION IN ECONOMY. WHEN IT HAS BEEN POSSIBLE BY CONJUNCTION OF AN ECONOMIC AND POLITIC SITUATION, THEY HAVE BEEN OPERATED, IN THREE STAGES BY THE POPULAR FRONT IN 1936, BY THE PROVISIONAL GOUVERNMENT AND THE CONSTITUANT ASSEMBLY DURING THE FRENCH AFTER WAR LIBERATION AND BY THE LEFT GOUVERNMENT IN 1982. FOR THE JURIST, THE PRINCIPAL INTEREST OF THIS STUDY IS TO APPRECIATE THE DIFFERENCE BETWEEN THE ECONOMIC ENVIRONMENT AND THE LEGAL FRAME OF THIS PUBLIC ACTION. JURIDICALLY, NATIONALIZATIONS MUST BE ACHIEVED EVERY TIME A MONOPOLY OR NATIONAL PUBLIC SERVICE APPEARS IN ANY ENTREPRISE EXPLOITATION. THIS RELATION IS NOT ONLY DIFFICULT TO ESTABLISH BUT MANY NATIONALIZATIONS DO NOT ILLUSTRATE THIS MECANISM. THEY ARE LED BY ECONOMIC OR OTHER CONSIDERATIONS. THE PURPOSE OF THIS BOOK IS TO SHOW THAT WHENEVER THE JURIDICAL RELATION IS RESPECTED, PUBLIC RIGHT PRINCIPLES ARE strengthHENED. NEVERTHELESS, BY STUDYING THOROUGHLY THE QUESTION, IT APPEARS THAT FROM PUBLIC SERVICE, THE MAIN SUPPORT OF THE PUBLIC TRANSFERRING, TO NATIONALIZATIONS, TWO PARADOXICAL IDEAS OF SOCIAL ORGANIZATION ARE EXPRESSED. THE CONSTITUANT ASSEMBLY MAY HAVE WANTED TO USE THIS PARADOXE IN 1946 TO DIRECT FRENCH PUBLIC RIGHT TOWARD SOCIALIZATION