Tesis sobre el tema "Confiance – Droit – Pays de l'Union européenne"
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Bouveresse, Aude. "Le pouvoir discrétionnaire dans l'ordre juridique communautaire". Université Robert Schuman (Strasbourg) (1971-2008), 2007. http://www.theses.fr/2007STR30015.
Texto completoA lot of studies have been dedicated to discretionary power in national’s legal systems. Key point of the dialectic between power and law, it is not surprising that this topic has been impassioned the doctrine. Even so, no significant analysis dealt, in European law, with this concept yet. However identification of its foundations, its modes of enforcement and its limits can not he found by a simple commutation of national results. The specificity of the European institutional structure and processes distinguish the exercise of power in this particular context. Moreover, the aims of the treaty, still mainly economic, and the European rules of law occasionally fragmentary and often ambiguous promote the acknowledgement of a large power of discretion of European institutions. Theses circumstances explain that the European Court of Justice fulfils a task which can not be compared with the one assumed by national Court in the review of legality. But, the discretionary power, defined in the legality and by the jurisdictional review, can not he understood in its entirety through these scopes of definition. Indeed the definition of discretionary power should also be considered in a wider time-frame work and placed in the context of the transformations of the law. The development of new policy instruments in the European context as the soft law has subsequently modify the concept of legality which is not able anymore to guarantee the legitimacy of the power of discretion. Henceforth it seems that this power of choice should be legitimized by the concrete demonstration of its rightfulness, the concept of legitimacy “over-defining” its definition
Staron, Joséphine. "La solidarité intra-européenne : questions de principe et stratégie d’application pour une refondation du projet européen". Thesis, Sorbonne université, 2020. http://accesdistant.sorbonne-universite.fr/login?url=http://theses.paris-sorbonne.fr/2020SORUL033.pdf.
Texto completoOur thesis traces the unprecedent path of solidarity between European States and Peoples made possible by the process of European integration. It questions the conditions, the justifications and the obstacles of what Robert Schuman identified as the transition from “de facto solidarity to production solidarity”, that is to say from negative solidarity understood in the sense of interdependence, to positive, desired, chosen solidarity. This ambitious goal encounters many obstacles. Gradually, European solidarity has been depoliticized and thus became a technical enterprise, following the functionalist method, which caused a loss of meaning and of the aims of the European project. Consequently, the question of legitimate justifications for European solidarity has become imperative, as has the search for conditions for a renewal of the consent of States and Peoples to European solidarity. Indeed, why and how have States consented in the past to an integration project that involved sacrifices in terms of sovereignty, and why and how could they consent to it again tomorrow? The crisis of trust and legitimacy in the EU is indicative of a deeper crisis of intra-European solidarity. We thus identify the normative and empirical conditions of solidarity that we confront with the European experience. Then, by identifying the purposes of European solidarity, we define the contours of an integration framework capable of meeting the expectations of Europeans in terms of solidarity, a means of added protection
Toso, Federica. "La dimension extérieure de la politique migratoire de l'UE". Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA027.
Texto completoAccording to the Treaties, the EU shall frame a common policy on asylum, immigration and external border control, based on solidarity and on the respect for fundamental rights, whose achievement clearly relies on the establishment of strategic relations with Third Countries. However, the EU external action in this policy field faces various challenges. Primarily, the EUshall make any efforts to promote the collaboration of Third Countries of origin and transit, by strengthening its international reliability and, accordingly, the spread of a spirit of mutual trust. Secondarily, the EU shall strive to make effective such a collaboration, by ensuring that the external competence is exercised by the political level providing the added value and by making use of any available cooperation tool, binding or not. Conclusively, the external dimension of EU migration policy shall be backed by a coherent and flexible strategy, apt to guarantee the effective management of migration flows
Chammat, Fadi. "L'espace de liberté, de sécurité et de justice à l'épreuve de la lutte contre la criminalité organisée". Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0388.
Texto completoTo counter the threat of organized crime, which is constantly growing and becoming one of the most serious issues in the European Union, member states are under an obligation to strengthen penal cooperation against it. With the Maastricht Treaty, and the creation of the area of freedom, security and justice by Amsterdam Treaty, of which the fight against organized crime is the essential driving force, the Member States express their will to organize their actions and unite against the threats of organized crime. However, these phases have shown the ineffectiveness of the repression; paralysis and a lot of weaknesses. With its entry into force in 2009, Lisbon Treaty begins a new era in the fight against organized crime within the AFSJ. However, even in integrating its progress, it does not initiate the necessary rationalization of the institutional legal framework of the AFSJ against organized crime. Strong crises that the EU and the AFSJ have experienced raise questions about national confidence in this area and the EU. This thesis seeks to identify the current and future role of the European Union within a space where free movement is the principle. The expected role can only really be achieved through an autonomous criminal system where the EU has a strong ability in applying it in a climate of trust and respect for fundamental rights; legal systems of member states and their national sovereignty. In this perspective, a radical change that concerns the nature of the EU will be essential. But who has the will to make the revolution?
Memeti-Kamberi, Lendita. "L'Etat candidat à l'Union européenne". Lille 2, 2008. http://www.theses.fr/2008LIL20021.
Texto completoThe European Union has achieved the cycle of its fifth enlargement with the accession of Bulgaria and Rumania, on January the 1st, 2007. The Europe of Six, which became Europe of Twenty-seven, has new perspectives of enlargement to the current candidate States (A. R. Y. M. , Croatia and Turkey) as well as to the Potential Candidate States (Albania, Boasnia and Herzegovina, Kosovo, montenegro and Serbia). Based on article 49 of the TEU, the last enlargement to ten Eastern and Central European Countries, as well as to Cyprus and Malta, has raised the debate about the evolution of the processes and conditions of accession to the EU. The aim of the study is to analyze the evolution of eligibility and fundamental accession conditions, as well as of the EU and Candidate State relations, trough different enlargements of the European Communities and of the European Union. A particular attention is dedicated to the pre-accession strategy, an innovation of the fifth enlargement, which aim is to obtain the largest alignment of Candidate States to the acquis communautaire, previously to the accession. The aim of the study is to demonstrate that the pre-accession strategy constitutes a reversal of the transition period, traditionally applied after the accesssion becomes effective
Jitmahawong, Danai. "L'immigration économique et le droit de l'Union européenne". Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32078.
Texto completoThis study examines changes in the EU law on economic migration, which aims to meet the goals of the progressive European integration, while taking into account the current economic requirements and forecasts on the needs of European labor market. First, the emphasis is put on demographic changes that have impacts on the active population structure of the European Union, and the possible contribution of immigrant workers, giving rise to the need of European policy in this area. The competence of the European Union and the arrangements of its exercise are subsequently examined to determine the scope of the Europeanization of the domain. Secondly, the study focuses on European Union legal materials and its developments that highlight the political sensitivity in the field of economic migration, constituting obstacles to the establishment of European norms. In both parts of this study, the distinction is made between economic migration from outside the European Union and the migrations of workers from third countries within the European Union, because of the peculiarity of these two categories. Finally, as the economic migration concerns workers from third countries, social aspects, such as fait treatment and social integration, are also addressed in this study
Langlais, Peter. "Sécurité maritime et droit de l'Union européenne". Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020079.
Texto completoAs 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
Parisi, Claudio. "L'accès à l'information dans l'Union Européenne". Lyon 3, 2004. https://scd-resnum.univ-lyon3.fr/out/theses/2004_out_parisi_c.pdf.
Texto completoMarciali, Sébastien. "La flexibilité du droit de l'Union européenne". Nice, 2002. http://www.theses.fr/2002NICE0048.
Texto completoThe European Union legal system, like every legal system, includes elements of flexibility. Flexibility has nevertheless a specific meaning in the context of European integration : it implies to consider the elements of the European Union Legal System which oppose to the principle of uniformity. The study of European Union law reveals that Community law incorporated from the outset some elements of flexibility. However, flexibility undergoes fundamental changes under the impact of enlargement and of the increasing heterogeneity of the Union, and becomes now an element of reorganisation of the European Union legal and institutional system. Both aspects of flexibility now coexist. Despite some fears about the development and the transformation of flexibility, which affects the European Union as a whole, it should not be forgotten that flexibility is a fundamental mean to manage diversity inside the Union
Luby-Gaucher, Monique. "L'entreprise européenne : étude de droit des sociétés". Pau, 1991. http://www.theses.fr/1991PAUU2013.
Texto completo"an economical integration by law means", such is the first target of the eec construction, whose essential aim is the building of an unified inland market to the first of january of 1993, market which will be free from any movement hindrance (for people, assets. . . ). The principal actor of this inter-state target is the firm. It's the firm (generally company-firm, in particular stock company) which is the major actor of such exchanges made easier. Consedering all these data, isn't it imaginable to envisage the building at next term of an "european firm", of a concept separated from national ideas and linked with a communal prospect? we can thus imagine the existence of compagnies, indeed created along a national law, but profiting by similar law conditions in all the eec states, but offering similar guaranties to partners and third persons, whatever the establishing state in the eec. Such an hypothesis seems all the more interesting that the recent evolution in eastern europe could involve a widen debate. (. . . )
Labayle, Simon y Simon Labayle. "Les valeurs de l'Union européenne". Doctoral thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28087.
Texto completoL’Union européenne est, selon l’article 2 TUE, « fondée » sur des « valeurs » précisément identifiées. Le préambule de la Charte des droits fondamentaux dresse un constat similaire dans des termes quasiment identiques. Ces « valeurs » sont donc constitutionnellement indissociables de l’Union. L’affirmation juridique de cette dimension fondatrice est d’autant moins neutre qu’elle est systématiquement revendiquée. Elle renvoie à une recherche d’essentialité laissant supposer que l’Union accorde volontairement une place centrale à ses valeurs, ce que confirme l’analyse des grandes étapes de son histoire. Ce choix s’exprime concrètement dans différentes dispositions issues des traités constitutifs. Les valeurs exercent notamment une influence décisive sur des questions aussi fondamentales que celles de la définition des objectifs de l’Union (article 3 TUE), du prononcé d’éventuelles sanctions à l’encontre d’Etats membres qui menaceraient leur intégrité (article 7 TUE), de l’orientation des relations qu’elle tisse avec son voisinage (article 8 TUE), ou encore des modalités de l’éventuelle adhésion d’un Etat tiers à l’Union européenne (article 49 TUE). Au-delà de la portée symbolique, juridique et politique de ces différents thèmes, les valeurs participent en réalité à déterminer l’identité spécifique de l’Union européenne. Il convient alors de s’interroger quant à la traduction concrète de la dimension fondatrice des valeurs dans le projet d’intégration et, donc, d’éprouver la force des convictions communautaires. L’objet de la recherche vise à déterminer si la revendication d’une Union fondée sur des valeurs résiste à la rigueur de l’analyse scientifique ainsi qu’à la pression des faits. Afin de démontrer la consubstantialité et l’irréversibilité du lien que partagent l’Union européenne et ses valeurs, il est d’abord nécessaire de mettre en relief la vocation structurante et fonctionnelle des valeurs pour l’Union. Il reste ensuite à mesurer à quel point leur portée existentielle dépend de l’enjeu de leur protection, qu’elle soit politique, administrative ou juridictionnelle. Mots-clés : Valeurs, Principes, Identité, Adhésion à l’Union, Elargissements, Droit de retrait, Pluralisme, Adhésion à la CEDH, Crises, Etat de droit, Dialogue des juges.
The European Union is, according to Article 2 TEU, "founded" on "values" precisely identified. The preamble of the Charter of Fundamental Rights draws a similar conclusion in almost identical terms. These "values" are inseparable from the EU under its primary law. The legal affirmation of this fundamental dimension is systematically claimed. It refers to a research of essentiality suggesting that the Union voluntarily gives a central place to its values, which confirms the analysis of the main stages of its history. This choice is expressed in various provisions of the founding Treaties. These values carry a decisive influence on fundamental issues such as the definition of the objectives of the Union (Article 3 TEU), the imposition of any sanctions against Member States that threaten their integrity (Article 7 TEU), the orientation of the relationships it forges with its neighbours (Article 8 TEU), and the terms of the possible accession of a state outside the European Union (Article 49 TEU). Beyond the symbolic, legal and political scope of these themes, the values determine the specific identity of the European Union. Thus, it is appropriate to question the concrete translation of the founding dimension of the values in the integration project and, therefore, to test the strength of community beliefs. The aim of the research is to determine whether a Union based on values can withstand the rigour of scientific analysis as well as the pressure of events. In order to demonstrate the consubstantial nature and the irreversibility of the link shared by the European Union and its beliefs, it is crucial to highlight the structural and functional vocation of the values for the Union. Lastly, their existential scope is yet to be assessed as this will depend from the level of their protection, whether political, administrative or judicial. Keywords: Values, Principles, Identity, Accession to the European Union, Enlargement, Right to withdraw, Pluralism, Accession to the ECHR, Crisis, Rule of law, Judicial dialogue.
The European Union is, according to Article 2 TEU, "founded" on "values" precisely identified. The preamble of the Charter of Fundamental Rights draws a similar conclusion in almost identical terms. These "values" are inseparable from the EU under its primary law. The legal affirmation of this fundamental dimension is systematically claimed. It refers to a research of essentiality suggesting that the Union voluntarily gives a central place to its values, which confirms the analysis of the main stages of its history. This choice is expressed in various provisions of the founding Treaties. These values carry a decisive influence on fundamental issues such as the definition of the objectives of the Union (Article 3 TEU), the imposition of any sanctions against Member States that threaten their integrity (Article 7 TEU), the orientation of the relationships it forges with its neighbours (Article 8 TEU), and the terms of the possible accession of a state outside the European Union (Article 49 TEU). Beyond the symbolic, legal and political scope of these themes, the values determine the specific identity of the European Union. Thus, it is appropriate to question the concrete translation of the founding dimension of the values in the integration project and, therefore, to test the strength of community beliefs. The aim of the research is to determine whether a Union based on values can withstand the rigour of scientific analysis as well as the pressure of events. In order to demonstrate the consubstantial nature and the irreversibility of the link shared by the European Union and its beliefs, it is crucial to highlight the structural and functional vocation of the values for the Union. Lastly, their existential scope is yet to be assessed as this will depend from the level of their protection, whether political, administrative or judicial. Keywords: Values, Principles, Identity, Accession to the European Union, Enlargement, Right to withdraw, Pluralism, Accession to the ECHR, Crisis, Rule of law, Judicial dialogue.
Nedelcheva, Antoniya. "Le droit au juge dans l'Union européenne". Thesis, Nice, 2015. http://www.theses.fr/2015NICE0001.
Texto completoThe finding that the right to an effective judicial protection for the benefit of natural and legal persons is an element of the rule of law, and thus the Union of law, is the starting point of the study to the effective judicial protection in the European Union. In terms of effectiveness of the judicial protection of rights, which individuals derive from the legal order of the Union, it has been established that this latter is deeply conditioned by the remedies offered to individuals in the national legal systems. The review of judicial protection before the national courts demonstrates that the legal order of the European Union has managed to impose national courts the beginnings of a real procedural law of the Union. Concerning the ability of the European Union courts to ensure the right to an effective judicial protection of individuals, it is permitted to argue that the original limitations to the judicial protection have, in part, been addressed by the entry into force of the Lisbon Treaty, which reduced the judicial deficit through the Union by the extension of the jurisdiction of the courts, the improvement of the accessibility to certain remedies before the courts of the Union and the inclusion of additional safeguards, especially concerning the right to a fair trial. The assumption that the European Union has a complete and effective system of judicial protection of individual rights, which is not always free from criticisms, nevertheless, tends to confirm. This is the ambition of this research, which is organized in a bipartite structure: the judicial protection before the national courts ; the judicial protection before the courts of the European Union
Cossalter, Philippe. "Les délégations d'activités publiques dans l'Union européenne". Paris 2, 2005. http://www.theses.fr/2005PA020057.
Texto completoPrevel, Philippe. "L'orientation sexuelle : Droit de l'Union européenne : Droit européen des droits de l'homme". Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010299.
Texto completoSexual orientation is an autonomous legal concept in European Union law and European Human Rights law. This PhD thesis accounts for the issues raised by sexual orientation in public law and private law. It also provides a synthesis of the concept and a definition that is common to both European Union law and European Human Rights law. This study aims to show that legal issues raised by sexual orientation can be solved by conventional resoning of positive law, without recourse to natural law or queer legal theory. It also provides a negative answer to the question of whether there are conflicts between European Union law and European Human rights law in the matter. In other words, member states of the European Union and the council of Europe are not faced with a dilemma wthen they apply the different rules adopted by both organizations on sexual orientation
Baron, Frédéric. "Marché intérieur et droit social dans l'Union européenne". Paris 9, 1998. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=1998PA090030.
Texto completoThe institution of an internal market between the member states of the European Union is the main objective of the european construction. The purpose of this study is to examine the relations between this market and european and national labour law. First, the formation of a european labour law is a condition for the realisation of the internal market. On the one hand, the establishment of the internal market requires to foster the free movement of workers. On the other hand, the achievement of this market requires the equalisation of social conditions. The implementation of sex equality between workers and the harmonization of social legislations will contribute to this egalisation. Secondly, the full development of the internal market may, at times, go against labour law existing in each member state. Indeed, there is a control of national labour law with regard to free movements (goods and services) and to european competition rules (competition law and state aids). In fact, this study aims at showing the compatibility between the realisation of the internal market and the improvements of living and working conditions for european citizens. European labour law is a factor of social progress and the European Court of Justice takes into account the social goals of the treaty of Rome when examining national labour law subjected to market rules
Gouin, Anne-Paule. "Transport maritime à courte distance et droit communautaire". Nice, 2007. http://www.theses.fr/2007NICE0035.
Texto completoThis thesis identifies the legal concepts relating to short sea shipping and concludes this transport activity is regulated within the legal framework of the European Community. The nature of short sea shipping justifies this legal arrangement. It contributes not only to the fulfilling of the Community objectives on the environment but also to the emerging concept of territorial cohesion. The legal framework is based on the Common Transport Policy and its emphasis on the liberalisation of the European shipping industry, but with specific adjustments made to take into account the special nature of short sea shipping. The promotion of this activity leads to the creation of accompanying regulation which conflict with Community objectives on free and undistorted competition. Moreover, the activity of short sea shipping extends outside of Community territory. This thesis analyses the respective distribution of Member States and Commmunity competences, both in the respect of the principles of subsidiarity and proportionality, as well as external responsibilities. The Community law applicable to short sea shipping has therefore been written specifically to integrate into the legal framework of the Community
Brosset, Estelle. "Biotechnologies et droit communautaire : le génie génétique". Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32034.
Texto completoNo one could ever thi,k that EC law, mainly economic oriented, would event show interest in biotechnologies. But current legislation adopted on this ground leaves no doubt. EC law's nature has evolved and nowadays has a broad influence on both levels of biotechnologies, the innovative creation (invention) and the product itself. The Community legislator try to accomplish an double aim, a priori contradictory measure, aim : the promotion of innovation potentially useful for the man and protection against the risks likely to be created by this new technology. It is essential to measure what has been accomplished till now by this strategy. The creation of the first specific international model of legal protection by a patent of biotechnological invnetions is due to EC law, but it only integrates, in a frileuse way, concerns such as the protection of human beings and of the environment. In the meantime, inside the EC, management of risks resulting from biotechnologies seems to be a priority, but still seems difficult to reconcilie with the requirement of free movements of goods. All those considerations don't manage to hide a rather unbalanced legal reality toward one direction or the other
Pellizza, Laurent. "La bioéthique saisie par le droit communautaire : Recherches sur un processus normatif". Corte, 2005. http://www.theses.fr/2005CORT2036.
Texto completoEven though nothing had let suppose that the E. U. Legislation could take into account bioethics, the number of issues already treated attests the meeting of these two subjects. From cloning to post-mortem insemination through pre-implant diagnosis, no new scientific practice at risk is ignored by E. U. Institutions. And if the influence of the E. U. Legislation appears to be limited as far as biomedical ethics is concerned, it always endeavours to reconcile the promotion of a useful innovation for the human being with the protection against possible drifts which could be induced by biotechnologies. The progressive legalization of the bioethics by the E. U. Legislation is consequently real even if the legal production which follows from this process remains rather largely ineffective
Meyer-Heine, Anne. "Le droit européen des émissions de télévision". Aix-Marseille 3, 1994. http://www.theses.fr/1994AIX32048.
Texto completoCastor, Catherine. "Le principe démocratique dans le droit de l'Union européenne". Paris 2, 2009. http://www.theses.fr/2009PA020065.
Texto completoDaups, Thierry. "L'idée de constitution européenne". Paris 10, 1992. http://www.theses.fr/1992PA100132.
Texto completoSince the second half of the 20th century, the seek for communication between the states and between the peoples of Europe (the constitution), has been in process through the development, of the "constitutional charter" established with the treaties of European community, the sum of judicial decisions of the court of justice and the constitutional practice of the community. The European constitution is in keeping, at one and the at the same time, with an unwritten conceiving of the constitution escaping from the pair state constitution and within the general pattern of a federalism without state machine, with a view of administering the European interdependences. The European community constitutional system founded on its own constitutional basis, forms a constitutional pattern having a supranational nature, distinct from the one of the federal state, from the confederation and from the international organization
Berger, Nathalie. "Le statut des ressortissants de pays tiers dans l'Union européenne". Strasbourg 3, 1998. http://www.theses.fr/1998STR30011.
Texto completoThe elaboration of a status of Third Countries Nationals in a supranational scheme seems inappropriate, since the subject is a matter of national sovereignty. Nevertheless, it is today a european integration's concern. The analysis of this status needs prior determination of a general frame, defining precisely the persons concerned, the competences and the territory of application. In this way, there seems to be special categories of third countries nationals : the members of the family of community nationals and those who are subject of external community treaties. Defining a title of competence towards third countries nationals raises the question the 'internal market''s interpretation. Although there is no general title of competence in the eec treaty, it seems that specific basis of competence to legislate do exist. The Maastricht treaty gives the union a title of competence, in the framework of the 'common interest questions'. But interferences do arise with the community pillar of the union. The Amsterdam treaty opportunely clarifies the point. Thus, is it to determinate the territory of application of the new corpus of law. The elaboration of a european asylum and immigration policy raises a number of difficulties. The definition of a method of action, in the field of immigration, reveals some oppositions on the content of the status. There, the 'heavy going' community method is in opposition to the schengen efficiency. To this point, the integration of the schengen acquis in the treaty can bring more effacy. The asylum policy, based on the Geneva convention, is guided by common humanitarian principles. Its inadequacies reveal the need of elaborating a european 'de facto refugees' policy
Deleuze, Nicolas. "La responsabilité du transporteur aérien de la Communauté : droit positif et droit prospectif". Montpellier 1, 2001. http://www.theses.fr/2001MON10002.
Texto completoSediri, Iman. "L'intégration des frontières européennes dans le droit de l'Union européenne". Paris 2, 2003. http://www.theses.fr/2003PA020091.
Texto completoBlatière, Lauren. "L'applicabilité temporelle du droit de l'Union européenne". Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD064.
Texto completoThe temporal applicability of the European Union lawThe questions relating to the temporal applicability of the European Union law arise as soon as the European Union adopts a new act. It is systematically necessary to determine the instant from which the act products its effects and the facts to which it applies. Furthermore, the principle of uniformity of the European Union law means that these questions must be answered by the European Union law itself. In spite of their importance these questions have been neglected by the European Union legal literature. Yet the case-law of the European Union Court of Justice and the acts adopted by the European Union (primary law, secondary legislation and international agreements) provide a wealth of information. Indeed, the Court of Justice has established principles which constitute the general framework of the temporal applicability of the European Union law. However relevant, this general framework must be completed by transitionnal provisions, a set of written subsidiary rules adopted on a case-by-case basis). These transitional provisions, at first deeply questionable due to being hard to identify and interpret, turn out to be a critical tool for the temporal applicability of the European Union law
Cristin-Belmont, Sophie. "Essai sur la position dominante collective en droit communautaire". Lyon 3, 1999. https://scd-resnum.univ-lyon3.fr/in/theses/1999_in_cristin_belmont_s.pdf.
Texto completoPotteau, Aymeric. "Recherches sur l'autonomie financière de l'Union Européenne". Lille 2, 2002. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247092840.
Texto completoThe study aims to assess the scope of the financial autonomy given to the EU. For this purpose, the issue has been considered throughout two complementary enquiries. The first considers the competence given to the EU in the field of its expenses ans ressources. The second deals with the member states' influence on the EU' finances by means of its intergovernmental organ. In this perspective, the issue of the impact of the budgetary and decision-making powers are sufficient to guaratee to the member states the control over the EU's decisions having financial implications ?
Malo, Laurent. "Autonomie locale et Union européenne". Pau, 2008. http://www.theses.fr/2008PAUU2013.
Texto completoEurope in the 20th century was marked by the increase in power of local communities and of the European Union. Despite the limited interest originally granted by the Community institutions to Member States’ infra-state communities, this concomitant development incites to study the relations between the principle of autonomy of these communities and the European Union. Thus, the Europeanization of public life sets the question of its impact upon local autonomy. The European Union certainly tends to take into account the autonomy of infra-state communities, but in a minimal and relative manner. Its favourable effects towards local autonomy are thus limited. Besides, the neutrality displayed by the European Union is not borne out in practice. The principle of institutional and procedural autonomy, supposed to guarantee the indifference of the European construction towards the internal organisation of Member States actually turns out to be an instrument allowing these to channel the autonomy of their infra-state communities. The central State, notably in France, then comes out as an obligatory intermediary. In this respect, local communities are imposed Community law while they do not contribute to its adoption. Therefore, the European Union does bind, directly and indirectly, the local autonomy
Bureau, Hélène. "Le droit de la consommation transfrontiére". Montpellier 1, 1998. http://www.theses.fr/1998MON10006.
Texto completoCross border relations have considerably increased in recent years, leading to a corresponding multiplication of disputes in this area. Now if an unbalance between a consumer and a profesional exists within a national context, this unbalance is all the more magnified in a cross border context. Rules covering conflict of laws and concurrence of jurisdictions enable the consumer wishing to take his action to court to determine the governing law and jurisdiction which will settle the dispute. These rules, however, are complex and difficult to enforce. In oroder to be effective, therefore, consumer protection must be viewed from a collective point of view. State authorities in charge of fraud prevention, but also consumer associations and self-disciplined bodies have at their disposal more adequate means to protect european consumers, who are the moving forces of european consumers, who are the moving forces of european construction
Squire, Claire. "La notion de travailleur en droit de l'Union européenne". Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010320.
Texto completoEU law does not provide a global definition of the notion of worker. A multiplicity of definitions coexist. The purpose of this study is to analyse the definition provided within the framework of free movement and to examine wether it should be adopted within EU emplorment law. In relation to the freedom of movement for workers, the notion of worker is a EU notion. The substance of the definition is analysed. The implementation of the definition by the European court of Justice and the national courts is also subject to scrutiny. The notion of worker is subjected to the influence of fundamental rights with the European Union legal order. The notion of worker is conditional to two additional criteria : exercice of teh freedom movement within the European Union and possession of European Union citizenship. These criteria come into conflict with equal treatment. The interelationships between the EU notions of worker and citizen raise questions. In other fields of EU law, the notion of worker is not a Community concept. The potential extension of the definition to secundary legislation is scrutiniezd. The analysis turns to security social law, then focuses on the rules governing the employment relationship. The study also includes an examination of rules on conflict of laws, rules on conflict of jurisdictions and rules governing the posting of workers
Santoro, Guillaume. "L' adaptation au changement des entreprises dans l'Union européenne : recherche d'un cadre juridique". Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32017.
Texto completoThe last two decades have seen a large number of transborder corporate transactions, especially mergers and acquisitions. That has outlined a double tendency to europeanization and globalization of companies within the European Union. The purpose of this research is to define the legal framework within which firms can adapt to the economic change offered or permitted by the European Union. There is an already existing general framework, built on economic liberties as aknowledged by the Treaty, and in particular the liberty of establishing a company. The latter is combined with the harmonisations, both positive and negative, set up within the Union, regarding corporate law, labour law and tax law. The analysis of those three dimensions which are specific to the structure of companies involves some loopholes in community law, but allows for a certain balance of the home market. There is also a more specific framework which shows that the European Union can help that adaptation through the drawing-up of European corporate structures. The recent evolution of corporate law in the context of globalization has given rise to two sorts of preoccupations: one concerns the companies, and the second one concerns the employees
Grozdanovski, Ljupcho. "La présomption en droit de l'Union européenne". Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1047.
Texto completoIt is traditionally held that even though it cannot be qualified as evidence per se, presumption can provisionally produce the effect of evidence, when direct evidence is not available, or even possible, of a fact for which such evidence is required. Considering that the EU does not have a codified law on evidence, the criteria known in national law by virtue of which presumptions are either refutable or irrefutable cannot, prima facie, apply in EU law. This does not mean that the notion of presumption has no place in EU legal vocabulary. The analysis of the case law of the EU Courts, as well as of EU secondary law, allows the discerning of the circumstance in which the legislator, or the judge, use presumptions as techniques that provide good, although temporary, solutions to situations characterized by doubt. The practice in EU law thus confirms a crucial point that has been raised in legal theory on evidence: presumption appears where there is a need to eliminate a doubt, through accepting something to be true until the contrary is established. The need that a doubt be removed can arise a priori (what should be presumed) or a posteriori (what can be presumed), when a search for evidence fails to meet a legal standard. There are, indeed, certain facts that should prima facie be held as true in EU law, such as those given by the presumptions taken over from International law of treaties and of International Organizations, the presumptions of legality and validity, of compliance or compatibility and of equivalence within the meaning of the principle of mutual recognition. The facts that can be presumed in EU law are usually facts for which evidence is required in Competition law, the EU external relations, the restrictions on the freedoms of movement and the interpretation of the Treaties. It can thus be held that there is, in the EU, a law on presumptions, which contains its own criteria related to the division of presumptions, as well as to their evidentiary effects
Roux, Richard. "La libéralisation du secteur ferroviaire par le droit communautaire". Paris 10, 2001. http://www.theses.fr/2001PA100079.
Texto completoThe study of the European regulation relating to the sector of the railroads shows that 1991 represented year I of the Community railway Market. Previously, the adopted decisions were only attempts at application of liberal logic to an economic sector characterized, at this example of France, by a situation of monopoly and by a strong culture of public utility. In 1985, the Community action was given a new impulse because of two combined factors: the decision by the CJCE that the Council of Ministers had not yet established a joint transportation policy envisaged, since 1957, by the Treaty of Rome and the publication by the Commission of its white book on the completion of the domestic market. In December of the same year the signature of the single Act took place. It is within this favourable framework that the directive of July 29, 1991 intervened. In addition to the financial rehabilitation of the historical operators and the question of their independence of management, this text puts forward the principle of freedom of movement in the rail-bound transport and foresees the reorganization of the related sector, through the idea of separation between the management of the infrastructure and its exploitation. Me Community railway Market is not therefore achieved and it is still necessary that the policy of valorisation of the transeuropean networks continues to progress and that measurements of technical and economic regulation, are transposed without apprehension by the Member States. Among these measurements, the recognition of a right of access to the infrastructure to the benefit of new operators and the increased submission of the railroads to the European legislation concerning competition are as many expressions of the implementation of the process of liberalisation. In the first case, the European regulation organizes and guarantees, on a non-discriminatory basis, competition with the traditional railway companies. In the second, the sanction of anticompetitive behaviours constitutes in any case a kind of regulation. The European regulation relating to the railroads has vocation, in the long term, to become the principal source of law in the Member States. However, it still remains unknown to the public which is far from perceiving that 2001 and the liberalising directives marks, ten years after the text published in 1991, year II of the existence of a true European railways network
Benabou, Valérie-Laure. "Droit d'auteur, droits voisins et droit communautaire". Paris 2, 1996. http://www.theses.fr/1996PA020100.
Texto completoThough copyright is not part, a priori, of the european community competences field, the community law yet takes in consideration the legal protection of creation. This phenomenom is divided into two complementary directions. It has first consisted in a try to conciliate national legislations about copyright and neighbouring rights with the principles of the rome treaty to ease the realization of an internal market. This approach has reveales its inadequacy, which explains why the community has next iniated an harmonization process, trying to organize a european regime for copyright. Only such an evolution is able to assure an appropriate level of protection for creation and authors inside and outside the community. This concern is not yet achieved. The european community, led by the necessity principle, is intervening step by step in this area. But the tangle of the questions always requires new adjustements, becoming particularly imperious at the time of technical revolutions. Copyright in the european community is coming up
Gstalter, Jérôme. "Le droit de la concurrence appliqué aux droits de propriété intellectuelle : réflexions sur les nouveaux monopoles de la société d'information". Paris 1, 2010. http://www.theses.fr/2010PA010265.
Texto completoBouillot, 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.
Texto completoThe 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
Gallais, Bouchet Anne. "Les autoroutes de la mer et le droit de l'Union européenne". Nantes, 2013. http://www.theses.fr/2013NANT4001.
Texto completoThe term of Motorway of the sea emerged through the 2001 White Paper on the European transport policy. Highly publicized but still misdefined, motorway of the sea has nevertheless specific characteristics : a traffic settled on Ro-Ro cargo units (trailers, containers), rotations timed, high frequency, between at least two European member states, and a hybrid approach, both maritime service and part of the trans-European transport network. The view of the motorways of the sea differs from the traditional shortsea shipping. This peculiarity is enhanced by a particular European social context, making the modal shift from road to sea desirable because of road safety, environment, territories and market issues. The relative failure from the market to tackle and use these new maritime links raises questions about the requirements for their sustainability in the European transport system. The two major legal levers analyzed here are complementary end reveal the complex link between many European policies. On the one hand, the complex pursuit of appropriate financing mechanisms occurs in a triple context of strong social issues, economic liberalism and state interventionism. The economic viability conditions are strongly regulated. On the other hand, the political, legal and technical integration of the motorways of the sea to the door-to-door supply chains is still enhanced. The objective is to strengthen the motorways of the sea as an efficient and alternative mode to road
Bernard-Roujou, de Boubée Aude. "Sûretés et droits européens". Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10067.
Texto completoEyrignoux, Bouloux Angélique. "Le principe de bonne gestion financière dans le droit de l'Union européenne". Toulouse 1, 2006. http://www.theses.fr/2006TOU10033.
Texto completoIntroduced in the treaties of Rome to answer the expressed concerns of the founder states to see their financial contributions correctly used, the principle of sound financial management has quickly appeared as a principle to be defined. Although developed from the concept of profitability well known in German law, the principle of sound financial management continue to be a special concept of European law and which can not be compared to any law of the founder States. Initially neither defined nor limited the sound and efficient management has been expressed for a long time before to be established by the European Union treaty. This evolution is concomitant to the European financial one, consequence of reforms enforcement. In this context, the interinstitutional agreements in financial matters have played an important role. Their content and their application have served to develop some measures enhancing the principle and amongst, the budget discipline. From its establishment and its development in the law of the European Union, the principle of sound financial management has reinforced the setting of the institutional reforms. The first has been initiated in 1995 and known as the acronym SEM 2000 bears witness to that. Handed over by the administrative reform initiated by the Commission in 2000, the financial management reform has taken part in a broader movement, the remodelling of the European governance
Izquierdo, Florian. "Le droit d'auteur à l'épreuve de la liberté d'expression". Master's thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/34653.
Texto completoBoudou, Odile Mathilde. "La Liberté contractuelle au regard du droit de la concurrence : droit communautaire et droit français". Paris 2, 2001. http://www.theses.fr/2001PA020009.
Texto completoCailliau, Didier. "L'union douanière entre l'Union européenne et la Turquie et ses perspectives". Paris 10, 1997. http://www.theses.fr/1997PA100104.
Texto completoAs soon as the european community was founded, the turkish republic expressed its european will, in accordance to the westernization's policy of mustafa kemal. The aim of a customs union was already foreseen in the association agreement (1970) and in the additionnal protocol (1970) as the last stage before full membership. Since 1971, the european community and turkey, backed by financial protocols, have undertaken to take off progressively the custom barriers and to adopt a common trade policy. At the begining of 1995, the custom barriers between turkey and the community were almost removed. The decision of 6 march 1995 sets up the last stage of the customs union with, on the one hand, the barriers'removal, and on the other hand, the establishment of a common trade policy (basically the bringing into line of turkey to the european community's trade policy). The decision also foresees specific rules to certain sectors and enriches the association's institutions with in particular the customs union joint committee. Taking into account the particularily well advanced state of integration within the european union and in view of turkey's membership, the decision and the other texts adopted the same day foresee a legal harmonization to the european community law and some political, institutional, financial and sectorial cooperations. For these reasons, this decision is one of the most ambitious texts adopted by the european union with third coutries. Therefore, this text leads to some hopes. With the wining cards of turkey, a dynamism is now under way. If turkey fully plays the european card, by overcom its handicaps, and succeeds in meeting with the conditions for membership, which argument could be opposed to its full membership ?
Thauvin, Tiphaine. "Les services sociaux dans le droit de l'Union européenne". Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010299.
Texto completoNo English summary available
Denizeau, Charlotte. "L'idée de puissance publique à l'épreuve de l'Union européenne". Paris 2, 2003. http://www.theses.fr/2003PA020042.
Texto completoInglese, Marco. "L'Union Européenne et la santé". Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA011/document.
Texto completoThe thesis aims at analysing the right to health and its protection in the legal order of the European Union. The first chapter assesses EU's health competences, introduced for the first time by the Maastricht Treaty and now codified into art. 168 TFEU. It identifies some specific sectors in which the EU can act and others, as the organisation of national health systems, that remain on the scope of domestic legislation. The second chapter examines health related derogations and mandatory requirements concerning the free moment of goods, the right of establishment and the freedom to provide services. For this reason it is divided into three sections. The first is devoted to pharmaceutical products. The second analyses the mutual recognition of medical qualifications and the domestic hindrance to the establishment of health operators. The third concerns patients' mobility and how the case law of the Court of Justice has been transposed in a piece of secondary legislation. Taking into consideration the binding value of the Charter of fundamental rights, the third chapter focuses on the role of the right to health in EU law. The structure is thus consistently threefold. The first section, in the light of the few cases so far appeared, questions the existence of the right to health. In the second one, it is analysed using some international conventions in order to assess the impact of the obligations to protect, to respect and to fulfil and, eventually, the link between the principle of non-discrimination vis-á-vis the access to healthcare. The last section examines the right to informed consent in clinical trials and the donation of biological materials
Dero, Delphine. "La réciprocité et le droit des Communautés et de l'Union européenne". Paris 2, 2004. http://www.theses.fr/2004PA020060.
Texto completoHénin, Christophe. "Le médicament en droit communautaire". Paris 2, 1996. http://www.theses.fr/1996PA020130.
Texto completoEuropean law concerning pharmaceuticals follows a double aim: to protect public health and to promote free movement of goods. The harmonization related to european community regulations surrounding pharmaceuticals and community politics provided by the european community treaty are building, step by step, a true single market for pharmaceuticals. The single market for pharmaceuticals, i. E. A high technology and quality market, presumes the existence of an integrated economic space where laws concerning these particular products have, anywhere on this space, an uniform and unitary character with the same executive force, and where pharmaceuticals may circulate without any impediment, from a single point to another, as well as in a national market. This ultimate target, for legal, political and financial reasons, can only be executed, stage by stage, concerning harmonization of specific national regulations for pharmaceuticals as well as those related to the pharmaceuticals market (free movement of goods, competition, environment,. . . ). The european union will have in any event to overcome obstacles to the harmonization concerning prices of pharmaceuticals as well as reimbursement by national health systems
Mercadier-Franscisi, Marie-Françoise. "La Communauté européenne et les instruments juridiques du commerce international : contribution à l'étude du droit communautaire des exportations". Toulouse 1, 1998. http://www.theses.fr/1998TOU10080.
Texto completoArticle 113 of the treaty on European Union provides that the common commercial policy shall be based on uniform principles, particularly in regard to. . . Export policy. . . . The terseness of this provision obscures the determination of the instruments relevant to the European Union’s export policy. These difficulties are further highlighted by the fact that though the union has the benefit of an exclusive competence in this field the principles governing export policy are linked to the notion of a common commercial policy. Whilst the work of the European court of justice towards an ever increasing integration of the union's commercial policy has been considerable, that policy remains largely theoretical as a result of the member states' resistance to further integration. Thus the study of the European Union’s various regulatory instruments governing export policy reveals the national character of most of these provisions. This dysfunction in the logic of integration of the European Union might however be overcome by taking into account the interaction between the European union's export policy and that of the internal market on the one hand and on the other the interaction between the European Union's export policy and the international commercial system as a whole. It is therefore a question of replacing a sectorial approach with a global one based on validifying the community's judicial system and its relations with the international commercial system as a whole
Vogel, Laurent. "L'impact des directives communautaires sur l'harmonisation du droit de la santé au travail des Etats de l'Union Européenne". Nantes, 1998. http://www.theses.fr/1998NANT4009.
Texto completoCostea, Lydia. "Harmonisation de la fiscalité du revenu et du capital dans l'Union européenne". Rouen, 2003. http://www.theses.fr/2003ROUED003.
Texto completoRome treaty in 1957 created the European Union, and has built an economic union with CEE, CECA, EURATOM. Next, it had begun to create a politic and monetary union with free financial market and the creating of the central European bank. Next, the European identity had been created with the Maastricht treaty and Europe had politics law with Amsterdam treaty. European taxation authorities, which harmonization has been approached in the Rome treaty articles (n. 95, 100, 220), have result with tumovers taxes, with TVA commune system, harmonization with capital taxes, especially with societies taxes, registration fees and shares fees. But, in the intention to make easier the development of international trade, each country developed an important network of international taxes agreements. Theses internationals laws add with internals countries laws but they don't take the place of internal countries laws. The beginning of "euro" makes easers European trade, "Shengen" conventions make free movements in Europe, and makes easer setting up in countries people and societies with choice to leave in. People would choice working in countries because they would like to escape to taxes. This situation gives tax evasion with domicile transfer to countries with zero tax haven. A law project in 1999, adopts measures to make a stand against zero tax haven, given the same measure than the 209th article of french revenue code. Some societies make a profit with this situation, 209th and 238th articles have been known against profits realised in countries with zero haven taxes. The differents European Union rates systems become to localize revenues in countries where people want to be taxed. The european harmonization show two ways : make a stand against zero taxe haven, results with disparities of rates systems in European union countries and with economic work