Tesis sobre el tema "Consentement européen de l'impôt"
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Hemery, Marie. "Citoyenneté fiscale et droit de l'Union européenne : de la protection européenne du contribuable national au consentement de l'impôt européen". Electronic Thesis or Diss., Paris 12, 2023. http://www.theses.fr/2023PA120002.
Texto completoThe European protection of the national taxpayer has an impact on tax citizenship as a principle of tax legitimisation. The national conception of tax duty based on the political participation of the citizen in his consent, through his representatives, is confronted with the European conception of tax duty based on the protection of the taxpayer, as the holder of freedom of movement, and aimed at favouring the construction of an economic area without borders. However, the study of these interactions shows that the relationship between European integration and tax citizenship should not be seen as a unilateral process whose only consequence would be the weakening of the latter, but as a transversal process where the effects of the enforcement of EU law on tax citizenship have a retroactive effect on the degree of European tax integration and, beyond, on the political organisation of the European Union. This observation invites us to study how these conflicting relations could, following the federal logic, be solved through the creation of a European tax consented by the European citizens themselves
Millan, Philippe. "Le consentement à l'impôt". Paris 2, 1996. http://www.theses.fr/1996PA020111.
Texto completoThe consent on tax established by the article 14 of the declaration of the rights of human and citizen is an essential principle for democracy. But in opposition to the very letter of the article 14, the taxpayer had only got the opportunity to consent by his elected representatives. Whereas the power of parliament to consent on tax has been seriously limited. That was permited to the government and more widely, to the administration, to confiscat, for the most part, the right of parliament to consent on tax. Then the constraints faced by the european construction have contributed to confiscate this right too. It is absolutely necessary that in opposition to this confiscation in cascade, reply a restoration of the consent on tax in order to permit to the taxpayer to consent really on tax. This restoration wich a lot of signs show at once the necessity and the way it can take, must be normative and electoral the normative restoration, beyond it could facilitate the taxpayer's choices, increase his fiscals knowledges and his participation, should permit to set up some principles to safeguard his rights and his liberty. It could be, for example, to put in position a fiscal ceiling or a true principle of no confiscation. Finally the electoral restoration will give to the taxpayer the possibility to consent as far as possible by himself. By taking particularly in consideration the example of the foreign countries, it will be necessary to spread out the fiscal referendum. But this electoral restoration require therefore to give a new value to the activity of parliament, especially by a better representation for the opinions of citizens
Addour, Mohamed. "La sanction en matière fiscale et la problématique du consentement à l'impôt au Maroc". Perpignan, 2005. http://www.theses.fr/2005PERP0621.
Texto completoWe tried to fill the space doctrinal in the studies concerning te Moroccan tax law, and particulary of the legal formalism on the subject the fiscal penalty of which constitutes a determing element. Indeed, the notion of fiscal penalty reveals the social category which sacrifices itself for the financing of the country,it also reveals the exitence ot the absence of the equality in front of the tax and the guaranties of defence granted to the taxpayer,in bref, the penalty is inseparable of the legitimacy of the system. , the weapon of which it is only defender. The history of the fiscal penalty in Morocco reveals the sociocultural roots of the defects of our fiscal system. The cultural previous history of islmic order shape too much probably the unconsciousness and the conception of the majority of moroccan taxpayers. Which are administrative or penal, the current fiscal penalties in Morocco present a striking incapacity because of the gaps of the rule but also, and especially, because of the poblem of the legitimacy of the system current, the tax evasion is the evident result. It is necessary to act on the assent in the tax by proving on ,one hand, the function of the imposition by the rationalization and the moralisation of our system and the other hand, by assuring the optimal participation of the taxpayers-citizens. So, the parliamentary expresion can it be supported by the direct expression of the assent in the tax in the effect to break with the discriminatory traditional fiscal rationality. The administrative judge and the constitutional judge are called o give evidence of courage and boldness in order to produce qualitative decisions
François, Gwennhaël. "Consentement et objectivation : l'apport des principes du droit européen du contrat à l'étude du consentement contractuel". Clermont-Ferrand 1, 2006. http://www.theses.fr/2006CLF10296.
Texto completoThe contractual consent cannot be apprehended from a voluntarist point of view, through the psychism of the parties. Fist, because the psychological will is unsoundable. Then, because such an analysis is dangerous, in what it supposes that the judges will determine the existence of the consent or will assess the quality of the consent while being interested so that the parties wanted certainly to express, which is fuzzy and dubious. The contractual consent, as a condition of formation of the contract, must thus be apprehended in the light of the objective theories. To determine if the consent of one of the parties exists or to know if it is healthy, it will be advisable to carry out a serious induction, on the basis of the rule of law and concepts more easily palpable for the lawyer, the such principle favor contractus or the bona fides. This objective approach is that which adopt, precisely, European Principles worked out by the Lando Commission
Delalande, Nicolas. "Consentement et résistances à l'impôt : l'Êtat, les citoyens et le problème de la confiance sous la IIIe République". Paris 1, 2009. http://www.numeriquepremium.com/content/books/9782020964487.
Texto completoBoncilica, Catalina Constanta. "L'impôt sur le chiffre d'affaires dans les pays d'Europe de l'Est et le processus d'intégration économique européenne". Paris 9, 2003. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2003PA090011.
Texto completoBourran, Elias. "Le dialogue du juge français de l'impôt avec la cour de justice de l'union européenne dans la construction d'un ordre fiscal européen". Thesis, Paris Sciences et Lettres (ComUE), 2016. http://www.theses.fr/2016PSLED066.
Texto completoThis thesis illustrates a particular aspect of the dialogue of judges as it applies to the European Court of Justice and the French tax judge. It analyses the contribution of this dialogue to the construction of a European fiscal order, resting on the judicial and jurisprudential basis, that is a subdivision of the European Union legal order which is, under the combined case law of the European Court of Justice and the French constitutional Council, integrated into French law.It describes how, through the dialogue of judges, this order develops, including its contents, and its limitations.It appears, in this regard, that this fiscal order may rely on the dialogue of judges in two sets of standards: on the one hand, the compliance with the standards of the general law of the European Union by national taxation, and the other hand, a dynamic interpretation of provisions of law of the European Union law, expressly and specifically applying to tax matters
Bocquillon, Liger-Belair Philippe. "La justice sociale face à l'impôt. Étude sociologique de l'évitement fiscal dans une perspective de philosophie politique". Thesis, Lyon, 2016. http://www.theses.fr/2016LYSEN044.
Texto completoThis thesis is based on a qualitative survey among forty-nine taxpayers and tax specialists, as well as the study of the major philosophers of four different theories of social justice: utilitarianism, liberal egalitarianism, libertarianism and communitarianism. It aims at bringing to light tax avoidance and tax evasion strategies as well as the social and individual frames that allow such practices. This is conducted based on a social deviance analysis. Our work will confirm why taxpayers generally are in favour of (legal) tax avoidance. We have also observed a certain acceptance of (illegal) tax evasion. Our sociological and philosophical analysis will provide explanations for this situation. It will also offer new perspectives about the direct and side effects of this dynamic. We have established an ideal-type analysis grid that has allowed to better understand the social norm about tax, both from individual and firm perspectives. We have also created a theoretical model to explain the so-called tax “ras-le-bol”, as a breakeven threshold for taxes. We have eventually proposed original criteria for social justice based on our experience and research work that intends to open up new horizons for rebuilding a fair and sustainable tax and redistribution system
Vail, Morgan. "Marché intérieur et neutralité de l'impôt direct : la construction fiscale européenne revisitée". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020092/document.
Texto completoThe Internal Market was formed to establish free competition and allocate resources as efficiently as possible. Involving the abolition of internal borders, Community action led to harmonize or at least to bring together many areas. Although direct taxation powers have been reserved by member States, it was placed under the supervision of the Treaties by means of the fundamental freedoms and the principle of non-discrimination. The latter has led to some tax integration at the European level in order to neutralize taxation on the movement of people, goods, services and capital. This work, mainly performed by the ECJ, showed its limits in terms of consistency of fiscal policy, the judge cannot make a choice as to the form of neutrality that should be chosen: capital import neutrality, capital export neutrality or another form of neutrality. Indeed, the EC Treaty establishes an undeniable objective of neutrality toward member States. The abstract neutrality that is emanating from European texts is essential to achieve the economic objectives of the EU. However, in the absence of tax harmonization it is necessary to choose among the different standards of tax neutrality in order to reconcile taxation, economic efficiency and efficient allocation of resources. In the light of the principles that shape the European construction one should now draw the outlines of a functional neutrality able to perform the integration of direct taxes in a Common Market
Aznar, Thibaut. "La protection pénale du consentement donné par le consommateur". Thesis, Perpignan, 2017. http://www.theses.fr/2017PERP0038/document.
Texto completoThe consumer’s penal protection is an essential stake, even more so following the last legislative reforms that occurred in the matter. The consumer’s consent’s protection represents the very essence of criminal law’s intervention in the consumerist sphere. The fundamental question that must be asked is whether criminal law punishes the criminal behaviour that a professional might show as an additional legislation which is dependent on civil law or, more interestingly, if criminal law is in fact autonomous in the consumer’s consent’s protection without being nothing more than a repressive and dissuasive legislation
Richelle, Isabelle. "Notions et traitements des soldes déficitaires en droit fiscal: aspects nationaux et internationaux, y compris les aspects de droit européen". Doctoral thesis, Universite Libre de Bruxelles, 1999. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212043.
Texto completoPellas, Jean-Raphaël. "Fiscalité et service public". Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010266.
Texto completoThe financing of cultural activities through taxation undergoes mutations that affect the very essence of public service culture. Both the tax that the public service culture are vectors of social cohesion. On the one hand, the tax connects the individual to a political community and social ties rooted in body of constitutional rules. But in recent decades, this link penny loosens the pressure resistance to tax. The adoption of new own paradigms to provide consent to taxation does not seem sufficient to stem tax avoidance. On the other hand, cultural public policy of the State, which is a factor of social cohesion around cultural identities are fragmented in the same time, to the point that a multiplication of decision making bodies in the cultural field has seen the day during the last thirty years. This institutional arrangement, polycentric, led the state to adopt new governance models making it more permeable hybridization of its work with the private sector. The scarcity of public resources allocated to support cultural activities weaken in times of cri sis, the fulfillment of cultural interventions of the state. The new tax regulation model that tends to b1ing about a procedural legitimacy of the tax, in the absence of cognitive legitimacy, combined with the new cultural mode! which involves increasing participation of the management of cultural activities by the private sector leads to a reordering of cultural public action. By using private financing techniques including sponsorship background, including conservation and development of cultural heritage value is weakened to market risk. The cultural state is no longer collection of the market but is confined to a strategist State posture. Paradoxically, the commodification of cultural property, accentuated by tax incentives, unfolds as to blur the public cultural action of the catalyst state of cultural identities
Lagarde, Emmanuelle. "Le principe d'autonomie personnelle. Etude sur la disposition corporelle en droit européen". Thesis, Pau, 2012. http://www.theses.fr/2012PAUU2003/document.
Texto completoThe personal autonomy was consecrated by the European court of human rights as an interpretation principle of the guarantees of the Convention, and especially the article 8, protecting the right to respect for private life. In this field, the principle of personal autonomy implicates « the right to use one’s own body » including « activities (…) physically or morally harmful or dangerous for the person ». This principle was « borrowed » from north american right by the judge of Strasbourg, to be integrated to the corpus of the Convention with opportunity. Indeed, he wants to mark the liberalization of the european right to respect for private life, justifying an absolutist body using. Yet, the french right is supposed to welcome the principle of personal autonomy, and so, admit this one, despite its severe supervision of the possibilities of body using. Nevertheless, in the face of its virtualities, the principle of personal autonomy is limited in two ways. Indeed, concerning european right, this principle leads to justify the right to respect for private life on a subjective conception of dignity, intrinsically « no normative ». Concerning the french right, in spite of the possibilities always more importants of body using, the reception with success of the principle seems impaired by a perennial public order. Finally, the principle of personal autonomy doesn’t seem to threaten, for now, nor the stability of the Convention, neither the balance safeguarded until now between the body using and the public order concerning it in french right. However, this constatation invites to self-effacement, regarding to scientific and political issues always more pressing that human access sparks off
Cumyn, Michelle. "Origines et fondements des nullités contractuelles : droit civil et droit de tradition anglaise". Paris 1, 2000. http://www.theses.fr/2000PA010346.
Texto completoLegrand, Ludovic. "Limites au principe du consentement des États à la compétence de la Cour mondiale : (Droit et politiques juridiques)". Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100139.
Texto completoThe principle of State consent to the jurisdiction of the International Court of Justice (ICJ) and that of its predecessor, the Permanent Court of International Justice (PCIJ), is a fundamental principle of international adjudication. According to the Court, and academic commentary, the Court's jurisdiction is governed entirely by this principle. However, affirming the existence of limits reveals a gap between theory and practice. Study of the sources of the Court's jurisdiction leads to the identification of factors which do not support this discourse. The reality of cases before the Court contrasts with the perception of a court rigidly subject to State consent to its jurisdiction, and brings to light the legal policies pursued by the principal actors in proceedings before the Court: States and the Court itself
Zoumpoulis, Christos. "Aspects juridiques et fiscaux de la mobilité des sociétés dans l’espace régional européen". Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020028.
Texto completoCross-border company mobility principally involves two main sets of State norms. Firstly, mobile companies continuously encounter conflict of laws questions. Therefore, mobility implies a necessary passage from the fundamental question of recognition of foreign companies, the application of conflict of laws rules determining the lex societatis and, more generally, the consultation of all the rules delineating the normative jurisdiction of the State in corporate matters, namely the conflict of laws rules (whether they stem from positive law or from judicial precedents) or the mandatory rules (lois de police) likely to be implemented in cross-border M&As, reorganizations and take-overs. Secondly, company mobility brings inevitably into play the national or international tax rules which constitute the national systems of international taxation of companies, namely tax rules emanating either from national tax legislation or from international treaties on avoidance of double taxation. These two aspects of the matter of company cross-border mobility shall not be examined separately, given that the formation of conflict of laws rules and tax jurisdiction rules that delineate a state’s tax jurisdiction depends on each State’s hierarchically superior imperatives of a political, economic and social nature, these two body of rules being, therefore, interdependent. The study of their historical evolution within the legal systems examined in our thesis (French, English, German and Belgian) from the early 19th century to date, demonstrates that their current state constitutes the result of their mutual influence. Through an interdisciplinary analysis, we emphasize, in the first part of our thesis, on the crossing points of these two sets of rules in order to explain the complex mechanics of cross-border mobility of companies and point out the legal and tax considerations that dominate the matter. We further explore their transformation by EU law which is intended as a meta-order aimed at orchestrating national government and economic agents’ behaviors according to and towards a new model of market regulation susceptible to the creation of a European single market. The second part of our thesis is dedicated to the study of the impact of secondary EU legislation and European Court of Justice jurisprudence –that act jointly to achieve the European single market objective- on the aforementioned bodies of national rules, that leads to the conclusion that the recent and anticipated developments on the mobility of companies within the EU both on national and European level, fall within the broader framework of the overall development of the transition process of national legal orders from a traditional capitalist model of market regulation inspired by the theories of M. Keynes towards a neo-liberal model which is accelerated by the pressure of the contemporary trend of economic globalization. Addressing the subject of cross-border mobility of companies within the EU both from a historical and an interdisciplinary perspective, we endeavor to identify trends and patterns and to assess the progress achieved since the early 19th century
Gomes, Filippo Luciano. "La performance en droit fiscal : un nouveau paradigme (perspectives comparées)". Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020032.
Texto completoThe economic reality lived today primarily by European countries, along with a natural concern, brings a new horizon of thoughts, a breath of new ideas. The practice has already shown that cutting public spending is not the most reliable output to the Government debt crisis. What is intended to demonstrate with this thesis is that the investment in tax collection performance can be a powerful prophylaxis. Instead of reducing spending accomplished with the most diverse public services, the best policy to be adopted is the development of tax administration performance. In the text, we describe as performer the Administration which manages to raise the resources needed to perform its functions, the State with the least expenses for the minor nuisance caused possible for taxpayers, in which their interests and satisfactions to be preserved as much as possible. This is a general definition that is not restricted to a particular land-use analysis. Our goal is to build a universal notion applicable anywhere. Similarly, we seek to identify a general meanswhich promotes the objective of making the effective tax administration. There is no doubt that this goal can only be achieved if the work of the Administration becomes more practical. The "principle of practicality" helps exactly in the reduction of multiple tasks. This is complemented through the privatization of some activities related to tax collection. In addition to reducing the work of tax authorities, we understand that it is necessary to invest in control measures and reduction of disputes, which in addition to degrade the sensitive relationship between administration and taxpayers, slows the receipt of taxes, causing a negative impact on the level of revenues. This goal can be achieved, mainly through the development of consent to tax and the adoption of alternative means of dispute resolution
Papadamaki, Ioanna. "Les aides d'État de nature fiscale en droit de l'Union européenne". Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020037.
Texto completoThis thesis is based on the premise that tax state aids differentiate themselves from other tax law related rules of the European Union. This is due to the fact that the true nature of the integration, the true purpose of the regulation of tax state aids, is not so easily discernible. The legal status oftax state aids outreaches its original scope—the scrutiny of fiscal systems—to integrate that of creation of common legal rules. The authorities of the Union, through the tax aids regime, monitor domestic tax systems; at the same time, they come to play an important role in the context of the interstate cooperation tackling harmful tax competition. More importantly, they manage to coordinate domestic tax systems as a result of the “instrumentalization” of the regulation of taxaids. The latter is then regarded as a substitute to tax harmonization. This manifestation of themultifarious objectives of tax state aids regulation is firstly based on the technique ofcharacterization of a tax aid, a characterization corresponding ultimately to the goals as expected.The proof of the initial hypothesis of the self-containment of tax aids raises the question of its purpose. Is this regulation likely to weave the very structure of Union tax law and, more substantially, the division of competences between European and domestic authorities? Is a technique like the one related to tax state aids regulation likely to contribute to redefining the dividing line between member States tax sovereignty and its tolerable limitation by Union law?
Gautier, Jean-Louis. "Hospitalisation psychiatrique sous contrainte et droits fondamentaux". Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32034.
Texto completoThe old law on insane people has often been criticized but none of the numerous attempts of reform, that it has met throughout its history, has prevented the outstanding move of cares towards more liberty, notably through sectorization. The lack of adaptation of the monarchist law made the legislator act in 1990, but the action was very relative as 90-527 law only rephrased, with some updates, the means to constrain to a treatment abiding by public policy. But, the new law, intended for the improvement of liberty and the protection of hospitalized insane persons, had paradoxical results: an extension and a reinforcement of psychiatric constraint, which made reappear the criticisms of jurisdictional dualism, which psychiatric hospitalization is subjected to. The court relentlessly reaffirmed its attachment to the principle of separation of administrative and judiciary authorities, while it was rejecting the legal argument’s unification of the psychiatric hospitalization without agreement in favor of the judicial judge. The High Court, with an adjudication dated from February 17th, 1997, made a rationalization of disagreement’s skills which allowed the jurisdictional plan to reveal its efficiency : administration, nowadays, has to make sure the hospitalization is respectful of procedures, it would be compulsorily sanctioned in case of a breach of the rules (First part). Nevertheless, hospitalized persons without acceptance should worry about the high-level of guarantee of their rights. Since 1997, an imminent reform of this law has been expected. Numerous reports and studies have led to sanitarian or security order proposals, which sparked concern. The measures about the statement of penal irresponsibility due to mental disorder, and tackled in 2008-174 law, kept feeding these concerns making the situation of persons forced to psychiatric cares worse. The bill submitted to the President of the national assembly on May 5th, 2010, confirmed this evolution. The text pending the parliamentary institution has a sanitarian aim, but the individual right to health protection would justify a constraint that public order can not establish ; the necessity of psychiatric cares would not only be based on the external manifestation of the disease as an aspect of civilian life. Moreover, even if the constitutional Council’s requirements, defined during a major questioning of the constitutionality of the maintenance of constrained hospitalization, are an enhancement, the increased presence of a judicial judge during the procedure would not ensure better guarantee as long as the new disposals operate a deep transformation of judges' duties, notably if they are associated with the decision of constrained cares. Against all expectations, the sanitarian aspect of the measure, when it turns to be an end in itself and is not dependent on public order, is dwindling liberties (Second part)