Tesis sobre el tema "France. Présidence du Conseil"
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Dorinet, Bénédicte. "Le conseil des ministres en France". Paris 1, 2005. http://www.theses.fr/2005PA010314.
Texto completoRichir, Isabelle. "Le président de la République et le Conseil constitutionnel". Paris 10, 1997. http://www.theses.fr/1997PA100095.
Texto completoThe system of the fifth republic endowed itself of two protectors who have the distinctive feature of being in charge of the same mission but different because they occur at different times. As the first leader, the head of state has the office to decide, when the constitutional council has the office to control the respect of the system's principles. If the necessity of the cooperation is illustrated by the nominations and the presidential election, the articles 11, 16, 54 and 61. 2 of the constitution prove the mutual contribution and expel any idea of predominance from one upon the other. All in all, each one needs the other to exist and to express oneself. The fifth republic manages to gain the hans kelsen and carl scmidt theories, yet so unlike. Therefore, the head of state, as a political arbiter, and the high authority, as an jurisdictional organ, both provide the protection of the constitution. The balance of the system hase also been put together with this complementary which occurs not only on the constitutional area but also in the political arena. Whereas the president of the republic ventures into the political dialogue, the constitutional council, although submitted by political authorities, has an unique purpose : tell the law
Morlot-Dehan, Clotilde. "Le président de juridiction dans l'ordre administratif". Besançon, 2003. http://www.theses.fr/2003BESA0003.
Texto completoThe status and the of the chairmen must be seen as a guarantee of the high quality of administrative justice. The vice-chairman of the Council of state, the chairman of the division for contentious matters, the chairmen of administrative Courts of Appeal and the chairmen of administrative Courts improve qualities the administrative justice in two different ways. As first magistrates, their status, their experience and their authority contribute to the independence and efficiency of court proceedings. First among their peers within their jurisdiction, the chairmen are particularly efficient in their rulings, whether sitting in chambers or as single judge. As Chairmen of their jurisdictions, the chief justices watch over the whole process, from the initial complaint to the implementation of the final ruling. They are in charge of the general management of their jurisdiction, including human resources, and therefore they play a major role in the smooth running of the whole jurisdiction
Guelton, Frédéric. "Le général Weygand, vice-président du Conseil supérieur de la Guerre, 1931-1935". Paris 1, 1994. http://www.theses.fr/1994PA010617.
Texto completoThe aim of this thesis is to answer the following question : "was general Weygand, the vice-president of the war superior council between 1931 and 1935, a spectator, a walk-on or an actor on the french military and political scene?" to answer this question, general Weygand's personality within his human, political and military environment is studied first. Then, his strategie ideas and concepts are examined in order to determine whether ornot they were innovative and futuristic. Next the war superior council is examined to study its organisation and function, from its creation up to 1935, through general Weygand's action during all the meetings that took place between 1930 and 1935. Its real role and effect upon the french military policy are measured. Lastly a study of all the most important exercises organised by this superior council is used to determine the main strategic and tactical choices made by the french general staff. Our research has been enlarged to the steps taken by general Weygand to the benefit of the amy. Therefore the influence of economic, financial and budgetary questions upon the modernisation of the army are studied within the frame of a worldwide economic crisis. Attention is focused on the equipment of the army and the great question of motorisation and mechanisation. Lastly, general Weygand's concept and ideas about the national defense policy are studied logether with the organisation and the evolution of the army as part of the french armed forces. The organisation of the general staff, of its command structure and its links with the government have led. .
Foirry, Anne-Chloé. "Contribution à l'étude de l'interprétation de la constitution de 1958 par le président de la République". Paris 1, 2011. http://www.theses.fr/2011PA010257.
Texto completoDaouiby, Naima. "La répartition des pouvoirs du conseil d'administration et du président dans la société anonyme de type classique depuis la loi du 24 juillet 1966". Toulouse 1, 1986. http://www.theses.fr/1986TOU10062.
Texto completoThe joint-stock company has become an institution the legal agents of which even still appointed by the shareholders must only act for the sake of the society. The management of the society has been given to leaders, to the board of directors and the chairman as to the possible general managers. But as texts have not defined their mission, the identity of the formulae used has given rise to confusion
Rittelmeyer, Yann Sven. "L'institutionnalisation du Conseil européen: étude des processus de codification de l'ordre politique européen". Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209622.
Texto completoLe dépassement du seul critère juridique et la prise en compte du temps long remettent clairement en question l’idée que le Conseil européen ne soit devenu une institution qu’avec le traité de Lisbonne et interrogent, entre autres, sur ce que signifie « être une institution » dans l’UE. Plusieurs questions de pouvoir fondamentales sont soulevées :Comment les institutions sont-elles crées et développées dans l’UE ?Le Conseil européen est-il une institution « supranationale intergouvernementale » ?L’ordre politique européen est-il un ordre politique autonome ?
Le développement de la recherche a procédé en 3 phases, pour lesquels les répertoires de codification juridique, politique et symbolique ont servi de grille d’analyse. En premier lieu, le temps de l’instituant, temps court posant les bases du temps long dans lequel se développe l’institutionnalisation, a été étudié. Il correspond au moment de l’incursion directe et explicite des Etats dans la sphère européenne. Puis, les évolutions et trajectoires respectives des différents processus de codification du Conseil européen ont été examinées, tout au long de son existence dans l’ordre politique européen. Enfin, l’omniprésence de l’interaction national-européen a conduit à observer les processus suivis par les « sous-institutions » du Conseil européen, dans la mesure où ils permettent d’expliquer son institutionnalisation dans l’ordre politique européen. Le couple franco-allemand et la présidence du Conseil européen ont ainsi fait l’objet de processus d’institutionnalisation propres, mais intrinsèquement liés à ceux suivis par le Conseil européen, et ont servis à déterminer les interactions entre les ordres politiques nationaux et l’ordre politique européen.
Cette recherche a notamment mis en évidence le fait que l’institutionnalisation du Conseil européen a principalement été réalisée sur le plan politique (au travers des actions des acteurs, des rôles qu’ils ont façonné et investi, de la stabilité qu’ils ont instauré par la répétition de pratiques, de convergences de vues facilitées par la pression du groupe, ou encore du respect de l’échelon national par la dimension supranationale), en étant partiellement soutenue sur le plan symbolique, tandis que le droit n’a très longtemps fait que suivre ces processus et n’est vraiment intervenu que pour reconnaître l’existant ou dresser un état des lieux du consensus en vigueur au moment où les circonstances appelaient des reconfigurations substantielles.
Doctorat en Sciences politiques et sociales
info:eu-repo/semantics/nonPublished
Chabrier, Loïc. "La révision de la constitution dans la Cinquième République". Lyon 2, 1995. http://www.theses.fr/1995LYO22009.
Texto completoIn France, constitutional review has long been an exceptional judicial act. During the Fifth Republic, reviewing the constitution has always been an opportunity for the president to show his clout. But the coming to the fore of the constitutional council breaks new ground and might turn reviewing into a commonplace practice
Dussart, Vincent. "L'autonomie financière des pouvoirs publics constitutionnels : éléments pour une théorie de l'autonomie financière constitutionnelle". Lille 2, 1995. http://www.theses.fr/1995LIL20012.
Texto completoSince 1789, the financial system of constitutionnal public authorities has been obeying exceptionnal rules to the financial common law. It must be noticed that there is a perfect form of financial autonomy which is applicable to the different constitutionnal institutions. This particular financial autonomy is the fruit of a slow historical evolution which has allowed the parliamentary assemblies and head of state to free themselves from the traditionnal rules of the budgetary law and from the standard accounding law. Theoretically this financial autonomy is based on an unrecognized application of the separation of the powers. Under the fifth republic, the parliamentary assemblies, the presidency of the republic, the constitutionnal council, the economic and social council, the court of justice of the republic enjoy an important financial autonomy. It expresses itself in the elaboration and the executioin of grants and in particular inspections which are exercised over this execution
Leroux, Christine. "Les relations partenariales et les associations havraises dans la première décennie du vingt-et-unième siècle : Rôle et place genrés des présidents et des membres du conseil d’administration". Caen, 2012. http://www.theses.fr/2012CAEN1659.
Texto completoThe city of Havre, situated in Haute-Normandie, contains within it a myriad of associations which participate in the development of the local life. These havraises associations, governed by the Law 1901, in service over the year 2007, intervene in numerous Domains (cultural, charitable, educational, sports, sociocultural, defense of the rights and the public interests). Associations are organized around a board of directors consisted, on average, of about fifteen administrators. The research concerns the gender role and place presidents and members of the board who participate in the functioning of associations. We chose to use within the framework of this research a questionnaire the questions of which focus on 3 themes: The knowledge of associations (the activities, the amount of the budget, the number of volunteers and permanent employees), the knowledge of the administrators (the age, the CSP, the past and current commitment) and the networks of knowledge. The data processing base on the programming under SAS of methods of statistical treatments. The analysis of the social networks, based on the theory of networks, Alain Degenne and Michel Forsé (1994) constitutes the pattern of our research. The administrators decline the relations that they have with the elected representatives, the institutional partners, the associative partners and the private partners. The research aims at knowing the strategies of the administrators to meet them, the contents and the nature of the exchanges to understand the organization and the composition of the networks of knowledge of the gender administrators
Stavridi, Zinovia. "La présidence des organes délibérants des Nations Unies : le Conseil de sécurité et l'Assemblée générale". Paris 2, 1987. http://www.theses.fr/1987PA02Z085.
Texto completoThe statute of the presidencies of the general assembly and the security council is governed by the charter and the rules of procedure of each organ. Both have opted for different methodes of designation of their presidents, each one being influenced in its choice by the requirements of its internal structure and the political role it is called upon to assume. The two presidents have exercised their functions mainly within the limits of the debates. Nevertheless, they have also intervenedin the accomplishment of their task by the two organs, either by facilitating the consultations between their respective members, or even sometimes, by contributing to the peaceful settlement of disputes
Pauliat, Hélène. "Le droit de propriété dans la jurisprudence du Conseil constitutionnel et du Conseil d'État /". Limoges : Faculté de droit et des sciences économiques de Limoges : [diff.] Presses universitaires de France, 1994. http://catalogue.bnf.fr/ark:/12148/cb35710106t.
Texto completoThomas, Julien. "L'indépendance du Conseil constitutionnel". Paris 1, 2009. http://www.theses.fr/2009PA010260.
Texto completoLecoeuvre, Christine. "Le Conseil d'État législateur". Artois, 2004. http://www.theses.fr/2004ARTO0302.
Texto completoHistorical study about the birth of Council of State as a Government counsellor also adding the date of creation of legal department. A parallel has then been drawn between this study and the separation of powers and the evolution of the executive function. Therefore the fallowing question grows : which of these three constituted powers assumes the legislature? At the limit between the Parliament and the Government, the Council of State has a privileged position among our institutions. This position allows it when functioning as counsellor, to hold quite an important position in the legislative process as well. It then appears necessary to wonder about the basic meaning of having the Council of State assuming a legislative function in the first hand, theway it fulfils its mission in the second hand and finally to judge about the results particular themes and periods
Jan, Pascal. "La saisine du Conseil constitutionnel". Tours, 1997. http://www.theses.fr/1997TOUR1009.
Texto completoTHE CONSTITUTIONAL COUNCIL, CHARGED WITH SECURING THE CONSTITUTIONAL ORDER, IS, TO THIS END, SEIZED OF MUILTIPLE ANS SEVERAL RECOURSES. THE SEISIN OF THE CONSTITUTIONAL HIGH JURISDICTION, UNDERSTOOD AS PROCEDURAL ANS DEFINIED AS THE EXERCICE OF A JURIDICTIONAL ACTION, CORRESPONDS TO CONDITIONS OF RECEVABILITY WHICH CHANGE IN ACCORDANCE TO THE OBJECT OF THE INSTITUTIONAL OR ELECTORAL RECOURSES. THE EFFICIENCY OF THE MECHANISMS OF ACTIONS SELECTION strengthHENS THE RESPECT OF THE RULE OF LAW AS IT REVEALS THE TRANSFORMATION OF THE CONTROL OF THE POLITICAL MAJORITIES
Steckel-Assouère, Marie-Christine. "Le Conseil constitutionnel et l'alternance". Toulouse 1, 2001. http://www.theses.fr/2001TOU10038.
Texto completoThe increase in the number of referrals to a court of the Constitutional Council after each alternation confers a crucial role to the nine "wise men". By pronouncing on the political reforms consecutive to the coming to office of a new majority, the high authority is led to regulate the legal effects of political alternation. The Constitutional Council is also brought to protect the principle of alternation notably by playing the role of a "pointsman" orienting the national authorities
Esplugas-Labatut, Pierre. "Conseil constitutionnel et service public". Toulouse 1, 1993. http://www.theses.fr/1993TOU10023.
Texto completoThough public service is an essential concept of our public law, it is still imperfectly known. In effect, difficulties arise when one has to define directly the public service, its function or its juridical system. The jurisprudence of the Constitutional council provides some answers. The council has first discovered a new category of public services imposed by the constitution. These so-called "constitutional services" are, on the one hand conceived as a means of exercising national sovereignty and, on the other hand, as a way of satisfying the "legal claims" of economic and social nature stated in the preamble to the 1946 Constitution. Moreover the council has not constitutionalised the criterion of public service. Effectively the constitutional principles justify the competence of administrative jurisdiction in particular by the action of "executive power" through the "prerogatives of public power". This does not mean that constitutional jurisprudence has abandoned the criterion of public service. In some cases the public service can continue to characterise administrative activity
Girardot-Rouhette, Estelle. "Le contrat de conseil en organisation". Nice, 1999. http://www.theses.fr/1999NICE0063.
Texto completoCarton, Olivier. "Le conseil d'état, juridiction de la république ?" Lille 2, 2001. http://www.theses.fr/2001LIL20020.
Texto completoThe Conseil d'Etat has survived over all the constitutional and political changes since 1799. The Republic is the system adopted by France for more than one hundred and twenty years. Can one conceive an administrative judge not drawing his inspiration from the republican ideal ? Is the Conseil d'Etat theoretically constrained to reject the Republic to deliver a serene justice ? Being republican, wouldn't the high jurisdiction take the risk to tend to a fruitless conservatism ? Which republican ideal should the Conseil defend or promote ? An observation seems to establish itself : the Palais Royal has met the expectations of the republican politicians and the thirst for justice of the citizens. . . The high assembly would therefore have gone over to republicanism and would constitute a republican example. Yet would there only be a presumption here ?. .
Chaisemartin, Arnaud de. "L'appel provoqué devant le Conseil d'Etat". Paris 2, 1987. http://www.theses.fr/1987PA020003.
Texto completoFreydier, Jean-Luc. "Le Conseil d'État, juge de cassation". Saint-Etienne, 1993. http://www.theses.fr/1993STETT26X.
Texto completoThe aim of this thesis is the study of the "Conseil d'Etat", judge of cassation. The law n° 87-1127 dated December 3lrst, 1987, has for tarjet to struggle against congestion of the "Conseil d'Etat". By this text, the cassation's rule of the "Conseil d'Etat" has been widely extended. The function of redress in cassation has evolved, the organisation and the rule of the "Conseil d'Etat" have been changed. The essential question to put is to know if, by the slant of redress in cassation, the "Conseil d'Etat" could carry out correctly missions who devolve upon it in its capacity as a supreme jurisdiction and in the same time avoiding the increase of redresses in cassation's number. In its aim the "Conseil d'Etat" has started to make up a new pattern of redress in cassation who is in equivalence with the new function of this redress. Redress of cassation in front of the "Conseil d'Etat" has nowadays a tendacy toi differ, still more distinctly, from redress for over-power in so far as it has approximated to redress in cassation in legal matter
Nogue, François. "La jurisprudence budgétaire du Conseil constitutionnel". Montpellier 1, 1986. http://www.theses.fr/1986MON10006.
Texto completoThe constitutionnal control of parliament acts established by the constitution of 1958 has helped on completing the state of law in france. The decisions of the constitutionnal council in budgetary and financial matters for twenty five years have been very extensive and influential. These decisions have transformed in depth the french budgetary law specially concerning the form and content of the finance bill, the regularity of budgetary process in parliament and the admissibility of financial amendments by members of parliament. Till then, this budgetary law had remained rather static, the only evolution resulting from the growing state intervention in economic life and from stronghthening executive power in institutionnal life. The influence of these decisions has been decisive. The technicity of financial and budgetary matters has urged the constitutionnal judges to make their methods more precise and, due to the growing number of decisions, the constitutionnal council made them more coherent in such a way that a "global constitutionnal policy in budgetary matters" exist now. Basically, from a legal viewpoint. These decisions have clarified eventually the traditionnal debate on the legal regime of the budget and they have completely renewed the budgetary law. Politically speaking, the constitutionnal judges acting as the keepers of what we could call a "budgetary raison d'etat", has striven also to settle in a balanced way the budgetary and financial disputes which have arisen in the french political life. So, budget has been one of priviledged field of intervention by the constitutionnal council for twenty five years. First of all, the council has succeeded in becoming one of the most essential institution of the fifth republic, but also has turned out to act as a real and respected judge
Treguier, Marie-Laure. "L'influence du Conseil d'Etat sur le Conseil constitutionnel : principes généraux du droit et principes de valeur constitutionnelle". Nice, 1992. http://www.theses.fr/1992NICE0039.
Texto completoMonera, Frédéric. "L'idée de République et la jurisprudence du Conseil Constitutionnel". Nice, 2002. http://www.theses.fr/2002NICE0009.
Texto completoMolfessis, Nicolas. "Le Conseil constitutionnel et le droit privé". Paris 2, 1994. http://www.theses.fr/1994PA020021.
Texto completoThe development of the constitutional control of laws in france raises the question of the links between the french constitutional council and the private law. The analyse takes into account the great differences between both fields of constitutional and private law, in order to proceed to a comparative study. The simple fact of the existence of a constitutional case law concerning the private law is analysed in the first part of the work. The study shows that the constitutional rights are more protected by the constitutional council, according to the fact that they are in conflict or in similarity with the general interest. In the second part of the thesis, the analyse concerns the coexistence between constitutional case law and private law in order to arise the convergences and the divergences of their rules, and their mutual influences. The divergences, which are not numerous, are more due to the private case law than to the laws. The study of their mutual influences leads to take into account, firstly, the way by which the constitutional council pays attention to the private law. The reason of such a phenomenon is rather a question of juridical policy. This fact allows, secondly, to analyse the reception of the constitutional case law by the private law. This reception depends on the judicial judge's will
Manson, Corinne. "Le recours en cassation devant le Conseil d'Etat". Tours, 1994. http://www.theses.fr/1994TOUR1005.
Texto completoTHIS THESIS AIMS TO LOOK AT APPEALS OF LAST RESORT (RECOURS EN CASSATION) BEFORE THE CONSEIL D'ETAT, WHICH ARE IN ORIGIN AS OLD AS THE CONSEIL D'ETAT ITSELF. With THE ETABLISHEMENT OF THE FIVE ADMINISTRATIVE APPEAL COURTS BY THE LAW OF THE 31 DECEMBER 1987 THIS APPEALS HAS BEEN DESTINED TO BECOME THE MAIN MODE OF APPEAL BEFORE THE CONSEIL D'ETAT. THE THESIS AIMS TO SHOW. FIRSTLY, THAT THE APPEAL OF LAST RESORT, ALTHOUGH AVAILABLE WITHOUT DOCUMENTATION, IS A MODE OF APPEA WITH RESTRICTED ACCESS. ONLY ADMINISTRATIVE DECISIONS GIVEN WITH NO RIGHT OF APPEAL CAN BE REFERRED TO THE CONSEIL D'ETAT WHEN ACTING AS THE COURT OF LAST RESORT. THE LAW OF THE 31 DECEMBER 1987 REINFORCED THIS RESTRICTIVE CHARACTER BY SETTING UP A PRELIMINARY COMMISSION FOR ADMISSIONS TO SELECT FROM AMONG THESE ADMINISTRATIVE DECISIONS THOSE WHICH WILL ACTUALLY BE REFERRED TO THE CONSEIL D'ETAT. THE CONDITIONS FOR REFERRAL TO AN APPEAL JUDGE ARE CONSIDERED NEXT, WHICH ARE SHOWN TO BE RESTRICTIVE, CONTRIBUTING TO LIMITING ACCESS TO THE CONSEIL D'ETAT. HOWEVER, THE SECOND PART OF THESIS AIMS TO SHOW THAT THE. .
Jan, Pascal. "La saisine du Conseil constitutionnel /". Paris : LGDJ, 1999. http://catalogue.bnf.fr/ark:/12148/cb370366211.
Texto completoMartinez, Jérémy. "Conseil constitutionnel et économie". Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020030.
Texto completoThis dissertation aims at defining the economic rights and freedoms protected by the Conseil Constitutionnel and provide a systematic representation of constitutionnal case law, based on its commentary along with the analysis of the preparatory phases of the Conseil’s rulings. This method reveals that those rights and freedoms emerged in the 1980’s as a response to the critics of an alleged gouvernement des juges (“government by judiciary” or “rule of judges”). In fact, the Conseil Constitutionnel established those rights following an empirical analysis and interpreted them as litteral matters of fact. Those rights and freedoms were presented as the result of the regular function and empirical work of the judges as to tacle the idea they were the expression of the judges view or of their support to pre-existent economical principles. This atypical posture helps the understanding of the meaning of these rights and freedoms : those are fundamental rights and freedoms interpreted in anticipation of and with regard to their implementation into a market in such way to protect economical interests. Given this market-oriented definition, another classification of constitutionnal case law is possible. In the latter, the content of the economical rights and freedoms is not determined by field of the economy but through an analysis aiming the upholding of order in the market. This is where the originality and the potential of those rights and freedoms lies : yet not obeying an economic analysis of law, these requirements create a new referential mould that will allow to renew the whole category of constitutionnal rights and freedoms
Guiselin, Jean. "Le Secrétariat général du Gouvernement". Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020024.
Texto completoThe French Cabinet secretariat, pivot of executive and legislative powers, and therefore being a necessary administrative organ to the operating of any modern State, is still one of the lesser known French administrative structure.Having existed in varied forms in all countries, the Cabinet secretariat appeared in France the same time as the French Revolution in 1789. It was created by the “Comité de Salut public” and its creation was insured by the Directoire. The Cabinet secretariat lasted until today almost without interruption, playing a role which’s importance increased as political instability increased. Under the 4th Republic, the Cabinet secretariat secured the continuity of the State, through the balancing of chronic political instability.Its ties to the Prime minister raises the question of its true nature, be it political or administrative. In fact, from the “1st Empire” to the “Front Populaire”, the choice was not always made to appoint an administrator who would have been fully neutral and uninvolved to the political power.In its current form, the Cabinet secretariat is well an administrative body, that became progressively supported by a small, stable, but high-leveled administration. The extraordinary permanence of the Cabinet secretariat illustrates it perfectly.Under the 5th Republic, the steadiness of political power did not weaken the Cabinet secretariat. Its function as an organiser of the Council of the ministers even strengthened its role. Beyond its responsibility of coordinating the governmental work, it has been charged with new duties, like the defense of a law before the “Conseil constitutionnel”, the inspection of the questions of constitutional validity,or the monitoring of the application of laws. Besides, the Cabinet secretariat developed its function of a go-between between the Parliament and the Government, without even infringing upon the role of the minister in charge with the relations with the Parliament.One rebuttal evidence of the importance of the Cabinet secretariat is the relatively new tendency to maintain the Cabinet secretariat out of the decision-taking process of the State, which has for consequence a violently diminished general efficiency of the State
Mandin, Maël Cattoir-Jonville Vincent. "Le recours en cassation devant le Conseil d'Etat". Metz : Université Metz, 2008. ftp://ftp.scd.univ-metz.fr/pub/Theses/2004/Mandin_Mael.DMZ0404.pdf.
Texto completoVaillant, Gilles. "L'Élite du Petit-Luxembourg : autour d'Antonin Dubost, la Présidence du Sénat sous la IIIe République". Toulouse 1, 2005. http://www.theses.fr/2005TOU10040.
Texto completoThe French Senate was established as a cornerstone of the constitutional system which was created in 1875. Endowed with a large array of powers, that Assembly was distinguished by its stability, which enabled it to be the anchor and rudder of the Third Republic. Spearheading it, the President of the Senate arbitrated between Senators and managed the course of the debate. Indispensable to the working of the parliamentary system, the President played a major role in the regime. He was the second most important figure in the system, as the first Senator, the President of the National Assembly and of the Supreme Court. He also had a very peculiar status among the actors of the system. Keeping his distance from the debates as he was the defender and the representative of his Assembly, he placed himself above the various parties. As a result, the President of the Senate was often considered as a natural candidate in the run for the Presidency of the Republic. Furthermore, and even more significantly, the Presidency of the Senate, on top of the legislative power, appears as a sphere of influence and was bound to play a major role whenever crises occurred, in particular during wars, as both Jules Jeanneney in 1939- 1940 or Antonin Dubost during the First World War showed. Unbeknownst to the public, the latter appears as the archetypal President of the Senate during the Third Republic, because of his brilliant career as a member of both Chambers, the esteem he enjoyed at the Palais du Luxembourg and his political creed. Just like him, the successive politicians that lived in the Petit-Luxembourg were among the most famous figures of the High Chamber and embodied the mindset of their fellow Senators and turned out to represent that group. The various Presidents formed a small homogeneous elite that upheld the values and specificities of the French Senate
Dilloard, Arnaud. "Les observations du Gouvernement devant le Conseil constitutionnel". Paris 1, 2012. http://www.theses.fr/2012PA010329.
Texto completoMenuret, Jean-Jacques. "Le contentieux du Conseil de la concurrence". Paris 2, 2000. http://www.theses.fr/2000PA020114.
Texto completoBoucard, François. "Les obligations d'information et de conseil du banquier". Paris 5, 2001. http://www.theses.fr/2001PA05D005.
Texto completoSakr, Haïtham. "Les droits et libertés du fonctionnaire dans les jurisprudences du Conseil d'État libanais et du Conseil d'État français". Poitiers, 2008. http://theses.edel.univ-poitiers.fr/theses/2008/Sakr-Haitham/2008-Sakr-Haitham-These.pdf.
Texto completoThe public servant is one of the major protagonists of the administrative activity. When the public servant is the subject of a case study, he is usually seen as one of the Public Function's elements. If the Administration well or badly work, if it shows signs of strength or weakness, it only means that, behind the anonymous and cold façade of the administrative building, there are agents who take action, handle the administration and make decisions. For decades, public servants won their dignity and gained their freedom through both their individual and collective behaviors, while maintaining the sense of public interest. Moreover, public servants, as other agents or community members, have rights and freedoms protected by the judge. This thesis which is a comparative study of jurisprudences of French Council of State and the Lebanese Council of State, it's about public servant's rights and freedoms when carrying out his administrative activity as well as behaving as citizens. This thesis' aim is to know what ways and means both Councils of State use to succeed in acquiring and reinforcing the public servant’s rights and freedoms
Podraza-Scripzac, Edith. "La fonction de jurisprudence du Conseil d'État". Artois, 2007. http://www.theses.fr/2007ARTO0301.
Texto completoStudying the jurisprudentially activity of French Council of State could easily mean that we will, again, study the Jurisprudence, and establish if it is source of law or not. In reality, the purpose of this work is different. Considering the jurisprudentially activity of French Council of State was inevitable in a context where this Highest Court of the administrative jurisdictional order meets more and more competitors in its mission of making law. We could study the influence of European Court of Human Rights or the one of the Justice Court of European Community on French Council of State, but our work is mainly dealing with the activity of jurisdictions created in 1987 : the Administrative Courts of Appeal. Indeed, these Courts were created to release French Council of State in its mission of making the jurisprudence. And today, these Courts of appeal know a great activity in setting the jurisprudence, in such a way that we can wonder if, after twenty years of practice, these Courts are not competing with French Council of State in the activity of making law. By a pragmatic analysis of different stratagems used by French Council of State to continue to have a monopoly of making law, we can see that the Highest Court of the Administrative jurisdictional order is always present and very active on the jurisprudentially scene, as such as the decline of the prescriptive activity of French Council of State is not again topical, even if the Courts of Appeal take up a greatest space in this activity of making law
Vlody, Valérie. "Les moyens d'invalidation utilisés par le Conseil constitutionnel". La Réunion, 2003. http://elgebar.univ-reunion.fr/login?url=http://thesesenligne.univ.run/03_18_Vlody.pdf.
Texto completoWithin the last forty-five years of its existence the French constitutional court, the "Conseil constitutionnel" has achieved through its impressive case-law an elaborate system of judicial review based on the same principles as those which govern the infringement procedure followed by the French administrative supreme court, the "Conseil d'État", within the frame of its judicial review for abuse of (executive) power. The range of the constitutional judicial review includes procedural irregularity, judicial incompetence, direct violation of "the law", wrong appreciation of the law and wrong legal qualification of facts. In addition, the constitutional judge has extended its judicial review to a proportionality assessment similar to that operated by the European courts. That assessment can either be made through a mere control of manifest error in factual appreciation, or through a control of strict proportionality, necessity or adequacy
Mandin, Maël. "Le recours en cassation devant le Conseil d'Etat". Metz, 2004. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/2004/Mandin.Mael.DMZ0404.pdf.
Texto completoBy the end of the 80's, they was a large backlog of cases for the Conseil d'Etat, so legislation was passed to avoid substantial delays in proceedings. The Act of 31 December 1987, added to the court vested with administrative jurisdiction the administrative court of appeal, to which the bulk of the appellate jurisdiction was transferred. For these courts and various specialised courts, such as the Court of Audit, an appeal on points of law lies to the Conseil d'Etat as supreme administrative court. The Conseil d'Etat will not overrule the assessment the lower court made of the facts. Thus determining what can be qualified as an error of law, is the criterion to ascertain if the applicant's complaint is justified. However, case-law on that topic is ambiguous and raises much controversy. The Conseil d'Etat might dismiss the argument submitted by an applicant. It may also quash the decision of the lower court and, subsequently, rule on the merits of a case or remit the case to a lower court
Ahmed, Salem Ould Bouboutt Vedel Georges. "L'Apport du Conseil constitutionnel au droit administratif /". Paris : Aix-en-Provence : Économica ; Presses universitaires d'Aix-Marseille, 1987. http://catalogue.bnf.fr/ark:/12148/cb34932529p.
Texto completoMenuret, Jean-Jacques. "Le contentieux du Conseil de la concurrence /". Clermont-Ferrand : [Paris] : Presses universitaires de la Faculté de droit de Clermont-Ferrand ; diff. LGDJ, 2002. http://catalogue.bnf.fr/ark:/12148/cb39203685j.
Texto completoDrago, Guillaume. "L'exécution des décisions du Conseil Constitutionnel". Paris 2, 1989. http://www.theses.fr/1989PA02T019.
Texto completoToday, the development of the french constitutional council's case law exercises a main influence over the hierarchy of rules. The constitutional council's decisions must be considered as one of the sources of law. So, all public authorities must take them into account while enacting and particularly while drafting bills. Article 62 of the french constitution lays it down as a principle that the decisions of the constitutional council are imperative to public authorities, to all administration and judges. The topic of the research engaged is to precise the notion of authority of this council's decisions and case law. Moreover it aims at showing the way those decisions are followed out by parliament, government, public administration and judges. Comparative law is an element of this research
Bouvet, Marc. "Le Conseil d'État sous la monarchie de Juillet /". Paris : LGDJ, 2001. http://catalogue.bnf.fr/ark:/12148/cb37637835j.
Texto completoPodraza-Scripzac, Edith Gros Manuel. "La fonction de jurisprudence du Conseil d'État". [S.l.] : [s.n.], 2007. http://portail.bu.univ-artois.fr/simclient/integration/incipio/consultation/binaries/stream.asp?instance=incipio&PDF=YES&EIDMPA=INCIP_GED_RESS_496.
Texto completoDesmartis, Marie. "La violence politique au village : généalogie et ethnographie d'un conseil municipal". Paris, EHESS, 2007. http://www.theses.fr/2007EHES0300.
Texto completoThis dissertation takes as its point of departure the questions raised by the violent conflicts (arson, threats. . . ) which burst during the April 2001 municipal elections in Olignac, tiny village in the "Landes girondines" (south of Bordeaux). This thesis refuses any reduction of such an event to a folklorish incident and aims to understand why municipal elections constitute such a stake in a two-hundred inhabitant village. It successively considers all the aspects of these arsons, starting with a meticulous ethnographical description of the relationships within the village and the municipal council after the 2001 elections. It states that understanding such an incident takes more than a univocal explanation and that all the layers of the event are to be patiently unfolded
Roux, Jérôme. "Le principe de la souveraineté de l'État dans la jurisprudence du Conseil Constitutionnel". Montpellier 1, 1998. http://www.theses.fr/1998MON10004.
Texto completoInternational modality of exercice of the democratic sovereignty, the state sovereignty always appeared in the french constitutional council's jurisprudence like a moderated and subordinated constitutional principle. It's moderated by the option that france has of restricting its own sovereignty by concluding treaties without undermining the "essential conditions of exercice of the national sovereignty". It's also subordinated to the constitutional lawmaker and to the international law. On the one hand it's possible to conclude a treaty which undermines the "essential conditions of exercice of the national sovereignty" thanks to an ordinary constitutional revision as the revision of the 25th june 1995 illustrates it, rather confusedly. On the other hand, the contractuals or customaries international rules take precedence over the national rules even if they undermine the "essential conditions of exercice of the national sovereignty". This primacy is better based on the 14th paragraph of the preamble of the constitution of 1946 than on the 55th article of the constitution of 1958. It's globally guaranteed of complementary way by ordinaries jurisdictions and by the constitutional council which could verify in part the accordance of the laws with the treaties
Rivoire-Ewanje, Ndoumbe Barbara. "Le Conseil d'Etat et la sécurité juridique des étrangers". Montpellier 1, 2001. http://www.theses.fr/2001MON10017.
Texto completoSauviat, Agnès. "La jurisprudence judiciaire et les décisions du Conseil constitutionnel". Limoges, 1993. http://www.theses.fr/1993LIMO0434.
Texto completoTchen, Vincent. "Les revirements dans la jurisprudence administrative du Conseil d'état". Paris 13, 1994. http://www.theses.fr/1993PA131033.
Texto completoThe Conseil d'État wields its law making power through the choices it makes in its judgments which choices it is bound to justify and support by references, examples and reasonings. Any reversal of position must fulfill a specific general need or purpose and must not result solely from the judges personal freewill. An analysis of the case law of the Conseil d'État shows that there are general principles which serve as guidance to the introduction of changes. A theoretical approach thereof is possible. The study of this cas law denotes that the path to change is difficult and that the requisite ways and means for attaining it are complex. It also shows that initiative toward reform is taken resolutely. Finally, when entering a judgement which is a breakthrough, the Conseil d'État is careful to draw a definition of the theoretical which will serve as a basis for the new rule and without which such decision would not have a value as precedent and the rule would not stand firmly. Thereafter, it is important for the administrative judges to ensure that the following judgements illustrate and refine the theoretical construction of the precedent and specify the scope and meaning thereof in a detailed manner
Bénichou, Delphine. "Le conseil constitutionnel, juge fiscal". Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0007.
Texto completoThe Constitutional Council largely thwarted all the constituent's predictions in the particular field of tax legislation. Although he is not a tax judge by law, he has succeeded in establishing himself as protector – now essential – of the rights and interests of the taxpayer, affirming both his singular place and his irreducible difference. He does not owe this position – at least not solely – to the remarkable and noted intensity of the constitutionalization movement which has affected tax law over the last 30 years. It draws it above all from the powerful link made up of reciprocal utilities which unites it to its own tax jurisprudence. Using tax litigation to perfect and energize its control of constitutionality, the specificities of constitutional tax litigation have allowed it to build itself as the source of authority that everyone knows – welcomes or regrets – today, both in the internal order than in the external order
Rainaud, Nicolas. "Le commissaire du gouvernement près du Conseil d'Etat". Nice, 1989. http://www.theses.fr/1989NICE0020.
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