Tesis sobre el tema "Protection européenne du contribuable"
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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
Yakovenko, Ivan. "Droits fondamentaux du contribuable dans les systèmes européens de protection des Droits de l'Homme". Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA009.
Texto completoNowadays, the use of different provisions intended to protect human rights in general, and the ECHR, in particular, by taxpayers and their counsel does not surprise with many domestic jurisdictions increasingly making reference to the Convention in any type of tax litigation. However, it is still a difficult topic to address as it simultaneously crosses across both public and private law. The main aim of this study is to identify the position of the Court on taxation matters, when it assumes a specific role in the protection of the taxpayer’s fundamental rights and freedom. Emphasis is given to the impact that the provisions of the Convention can exert on the evaluation of substantive and procedural tax rules that are applied in several countries of the Council of Europe and the protection of the taxpayer’s rights. The study has a specific interest to provide the means for a better understating of the real value of the European Convention on Human Rights for the protection of the taxpayer’s rights propelled by its dynamic interpretation over the past years. In this regard, the originality of the study is based on a broad analysis of cases recently decided by the Court. As far as possible, a comparison with the case law of the CJEU is also undertaken
Forni, Federico. "Citoyenneté européenne et protection diplomatique". Strasbourg, 2011. http://www.theses.fr/2011STRA4028.
Texto completoThis thesis aims to analyze the concept of diplomatic protection, defining the features of this institution in the legal framework of the European Union in order to assess whether, and how, this form of protection can be carried out in favor of European citizens. The thesis develops the subject in four chapters. The first chapter is dedicated to diplomatic protection in international law and it is basically divided in two parts. The first part analyzes the particularities of diplomatic protection in traditional international law, while the second part concerns the latest developments that can influence the evolution of diplomatic protection. The second chapter focuses on the diplomatic protection of European citizens by Member States in third countries where the State of nationality is not represented, analyzing Art. 23 TFEU, which seems simply to extend outside the EU the principle which prohibits any discrimination on grounds of nationality (Art. 18 TFEU). The third chapter of the thesis aims to assess whether the EU can protect all European citizens carrying out actions of diplomatic protection. Finally, the fourth chapter aims to assess whether the decision to refuse diplomatic protection may be subject to judicial review in the light of the latest doctrinal and jurisprudential trends and in the light of a legally binding Charter of Fundamental Rights
Atanga, Fongue Roland. "Contrôle fiscal et protection du contribuable dans un contexte d'ajustement structurel : le cas du Cameroun". Le Mans, 2006. http://www.theses.fr/2006LEMAA001.
Texto completoAtanga, Fongue Roland. "Contrôle fiscal et protection du contribuable dans un contexte d'ajustement structurel : le cas du Cameroun /". Paris : l'Harmattan, 2007. http://catalogue.bnf.fr/ark:/12148/cb41197617q.
Texto completoMasson, Thibauld. "La protection européenne des droits de l'Homme". Nice, 2003. http://www.theses.fr/2003NICE0021.
Texto completoCoudray, Ludovic. "La protection des données personnelles dans l'Union européenne". Paris 2, 2005. http://www.theses.fr/2005PA020094.
Texto completoMusso, Patricia. "IFRS et protection des investisseurs". Paris 1, 2009. http://www.theses.fr/2009PA010324.
Texto completoVial, Claire. "Protection de l'environnement et libre circulation des marchandises". Montpellier 1, 2003. http://www.theses.fr/2003MON10032.
Texto completoBertrand, Murielle. "La protection des sols dans le cadre de l'Union européenne". Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3007.
Texto completoSoil protection within the European Union framework is far from being a minor issue. It is used as a justification to rightly reconsider paradigms which structure the political and legal edifice of the European Union and are proving to be anachronistic, as ecological crisis become more and more apparent. Soil protection first questions our relationship to space, and because the European Union is fragmented into administrative borders, it suggests a reinforcement of ecological solidarities between territories and acknowledgment of new responsibilities driven from the power of sovereignty, the right of ownership and the organization of space and environmental zones. Soil protection questions our relationship to time and even more so, our ability to make decisions within a long-term perspective - and not short-term perceptive - to satisfy political, economical or immediate social interests. Soil protection calls to quickly reconsider the economic rational assumption which underlies most politics of the European Union. Finally, the Soil thematic exposes the European Union to one of its biggest challenges; soil safeguarding as a common natural heritage and it forces the European Union to compose with varied ecological realities, a multitude of territories and diverse soil uses without ever being tempted to give up its commitment towards soil
Moulim, El Bachir. "L'énergie et la protection de l'environnement dans la Communauté européenne". Tours, 1994. http://www.theses.fr/1994TOUR1020.
Texto completoThe thesis tries to give an essential glimpse of the unfold efforts in the harmonized wrest le with the reaches from the energy to the environment. It applies to show the efforts of the european community to inform, to harmonize, to regulate as far as possible in fields as varied as the quality of air, products, the "clean car", the pollution of sea by the hydrocarbons, the radioactivity, the radioactive waste. . . The recall of different texts carried or simply proposed by the communal authorities, goes with development of the coal, the gas, the oil, the nuclear energy. These technical explanations are often indispensable to understand the stakes of the communal intervention
Favre, Didier. "De l'homogénéité européenne dans l'insuffisante protection de la vie privée". Montpellier 1, 1992. http://www.theses.fr/1992MON10012.
Texto completoPouchard, David. "La protection des auteurs d'oeuvres audiovisuelles dans la communauté européenne". Nantes, 2001. http://www.theses.fr/2001NANT4016.
Texto completoAlves, Carlos-Manuel. "La protection intégrée de l'environnement en droit communautaire". Bordeaux 4, 2002. http://www.theses.fr/2002BOR40006.
Texto completoIn the face of increasingly significant ecological imbalances, the question of the relationship between the environment and economic development has become international. The integration or the integrated protection of the environment seeks to es ablish equilibrium between these two essential needs. Its consist of placing environmental considerations in development policies. Taking account of its call, the European Community, regional organisation for. . . Economic integration, could not stay in the background of such a movement. Integration has taken the form of a legal duty in the treatry. .
Boizard, Maryline. "La protection juridique des inventions biotechnologiques". Rennes 1, 2000. http://www.theses.fr/2000REN10416.
Texto completoStatue law has allowed, as a principle, the right to take out a patent for living organisms. The European guideline related to the legal protection of the biotechnological inventions does not reconsider the enforcement with the right to patent this kind of innovation, it gives harmonization, but not only. Indeed, taking out patents for biotechnological inventions has entertained fears aroused by the development of the genetic engineering and the guideline has pointed those fears at the risk of introducing an ethical dimension dealing with the lettters patent right which does not have particularly a regard for the law. The European guideline also carries out an adjustement of the letters patent right so as to give the inventor the widest protection. However, as they are compelled to insert the guideline into the International sphere, the European authorities have to issued a text which reveals cetain inconsistencies that will be prejudicial to the guideline itself with the enforcement of the law linking the European members countries
Terrazzoni, Jean-Laurent. "Union européenne et protection de l'environnement : analyse d'un système de coopération". Nice, 2000. http://www.theses.fr/2000NICE0031.
Texto completoToday the result and balance sheet of two centuries of industrialisation in Europe is very bitter. Whilst the mode of economic growth has shown to insufficient in halting the increase in unemployment, the damage inflicted on the environment has been severe, be it on the quality of the water, the air or the soil. However natural elements, that are polluted today, not only constitute the raw material for our industrial development, but are also the foundation elements for the survival of our species. Controlling the effects of economic activity on the environment and on the health of man is nonetheless fiercely complex. Today, the crucial question is how to elaborate a preventive strategy to manage risk factors, not only to protect and preserve the environment and the health of man today, but also for future generations. Faced with the complexity of the questions posed, what role can and must the European Union play ?
Ilieva, Mihaela. "La protection des consommateurs et les droits fondamentaux dans l’Union européenne". Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020002.
Texto completoThe study of the interactions between consumer protection and fundamental rights reveals the positive integration of these rights into the European Union’s policies. In the field of consumer protection, the integration consists in the recognition of fundamental rights and in their judicial application. Among the fundamental rights recognised to consumers emerge the right to data protection, the right to information, the right to non-discrimination, as well as the right to effective judicial protection, for instance. These rights display as tools and objectives for the implementation of the EU’s consumer protection policy and play a major role in defending vulnerable consumers. The integration of fundamental rights in the field of consumer protection also consists in their judicial application. The European Court of Justice’s consideration for fundamental rights contributes to guaranteeing the effective protection of consumers, and - consequently - strengthens their protection. The judicial application of fundamental rights is, however, also source of conflicts between various rights and general interest objectives
Bodart, Adrien. "La protection intégrée des eaux souterraines en droit de l'Union Européenne". Thesis, Rennes 1, 2016. http://www.theses.fr/2016REN1G026/document.
Texto completoBecause groundwater, which represents 98% of the liquid freshwater on Earth, is vital, of particular benefit due to its special properties, but, often, especially vulnerable, in the long term, to the unceasing degra-dation caused by the anthropogenic era, it should be the subject of a regulation that would express the whole meaning of the “high level of protection of the environment” required in the European Union primary law. The integrated management of water resources management (IWRM) implemented by the EU should therefore, for this water, strive for a higher stage of preservation of a singularly fragile underground environment, through a sharper distinction between the concepts of integrated “management” and “protection”, according to the intensity of preservation they would respectively imply. Via such an evolution from integrated management to protection, the latter becoming an autonomous framework of action, the EU law would adopt a different position on the balance between economic interests and ecological necessities. This strengthening of the relevant secondary law must rest on, first and foremost, a new apprehension of groundwater, in the water framework directive and the directive 2006/118/EC, beyond a conception too perfunctory to comprehend the richness of it, otherwise it won’t be fully protected. So, without prejudice to the unity of water law, specific adjustments should be provided for, concerning ground waters, insofar as their dynamics may significantly differ, in time and space, from those of surface water. Since ground waters can’t be separated from its receptacle (soil and subsoil), its integrated protection would demand in addition to transcend the borders of the sectoral water policy and to go beyond the integration as we know it in the current IWRM, which doesn’t erase contradictions between sectoral policies. Thus has to be carried on the improvement of the coherence between relevant politics (environment, agriculture, industry, energy…), in order to build a complete protection of the underground environment. A new framework where would be mobilized all involved actors, converging towards this purpose thanks to more appropriate mechanisms
Castilho, Marta Reis. "Protection et accès au marché européen : le cas du Mercosur". Paris 1, 1999. http://www.theses.fr/1999PA010050.
Texto completoThe European commercial policy is characterised by a hierarchy of trade preferences. This hierarchy determines the conditions of access to european markets, and therefore , the bilateral trade volume. In the first part of this thesis, the instruments and the preferential trade agreements forming the european commercial policy are analysed. Firstly, the institutional framework is examined. Secondly, we analyse the european structure of protection vis-a-vis its trade partners. Thirdly, the european hierarchy of preferences is translated into a + pyramid ;, which allow us to identify the relative position of the european partners. This pyramid is built from a multiple factors analysis, using desegregated indicators of trade barriers - tariff and non tariff barriers. The position of mercosur in the european pyramid of preferences is not favourable and this explains the weak trade volume between the two regions. In fact, mercosur benefits only of european generalised system of preferences, with all its inherited limitations. Half of the mercosur exports to the european union are from agricultural products (processed or not). As these products are strongly protected by the european union, the structure of bilateral trade helps to explain the position ofmercosur in the pyramid of preferences. With a view on measuring the effects of the mercosur position in the european pyramid of imports from latin-americans countries, we estimate several versions of a gravity equation. The first estimation uses aggregated trade flows and shows that the trade potential between eu and mercosur is quite important. The estimations using desegregated data not only point the main products in terms of trade potential but suggest also that the gravity equation shows some limitations for this kind of analysis
Labatut, Katia. "Financements communautaires et protection de l'environnement". Bordeaux 4, 2005. http://www.theses.fr/2005BOR40030.
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
Terrenoire, Olivier Mathieu. "De l'influence communautaire dans la protection du voyageur". Lyon 3, 2005. http://www.theses.fr/2005LYO33015.
Texto completoCaulet, François. "Urgence et gestion de crise dans l'Union européenne : l'émergence d'un espace européen de protection". Toulouse 1, 2011. http://www.theses.fr/2011TOU10067.
Texto completoThe succession of catastrophic events that have occured in Europe and in the world during the last fifteen years has fostered a reflection at the European level. The Union has to address a growing request for an action in order to cope with crisis of important scale. This evolution implies a deep questioning on its ability to handle this type of phenomenon. The legal and institutional architecture of the EU was essentially designed to set up and organize an internal market. Thus, the impressive diversification of the mechanisms aiming to ensure the safety on the European territory is facing important structural limitations. Nevertheless, using the notions of "emergency" and "crisis management" the European institutions are structuring the basis of a competence regarding the protection of citizens against human vulnerability. In terms of subsidiarity, this new field of public action must be distributed between, on the one hand, sensitive national prerogatives and, on the other hand, supranational institutions that are trying to gain a new role in this area. This share of powers must be operated on a renewed and rigorous conceptual framework. The Union has to establish a genuine European protection space grounded on a reconfiguration of its internal solidarity and aiming to manage crisis of European scale
Pelissier, Catherine. "La protection des droits économiques et sociaux fondamentaux dans la Communauté européenne". Montpellier 1, 2001. http://www.theses.fr/2001MON10014.
Texto completoSinou, Despina. "L'Union européenne, acteur juridique de la protection internationale des droits de l'homme". Paris 2, 2007. http://www.theses.fr/2007PA020067.
Texto completoRichard, Alexandre. "Procédure en manquement d’Etat et protection des droits fondamentaux dans l’Union européenne". Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020015.
Texto completoSince the Lisbon Treaty has come into force, the Charter of Fundamental Rights of the European Union has acquired binding force. As primary law, its provisions are considered as “an obligation under the Treaties”, as it is stated in the article 258 of Treaty of the Functioning of the European Union. Nevertheless, while the infringement proceedings aims at ceasing breaches of EU law by Member States, the main actors of this procedure seem reluctant to bring a case before the Court of Justice when a Member State fails to fulfil its obligations under the Charter. Different characteristics of the infringement proceedings and the fundamental rights may deter Member States and European Commission from bringing such a case before the Courte of Justice. Moreover, the Court of Justice has to take into consideration fundamental rights when they are invoked by Member States as defences in an infringement proceedings. But procedural considerations and fundamental rights’ attributes may prevent the judge from examining human rights’ defences. In each case, this is about assessing adequacy of infringement proceedings to guarantee the enforcement of fundamental rights
Payet, Stéphanie. "Le droit à une protection juridictionnelle effective en droit de l'Union Européenne". Thesis, La Réunion, 2012. http://www.theses.fr/2012LARE0006.
Texto completoThe principle of “Community of right”/”Union of right” established by the Court of justice of the European Union involves the existence of an effective judicial protection of the individual. That’s why the European law protects the “right to a judge” as a fundamental right, meaning essentially, the right for citizen subject to the European law to access a tribunal. This right guarantees to the individual a concrete access to the jurisdiction. The study of “the right to an effective judicial protection” brings to the fore the specificity of the access to the courts under European jurisdiction because, in addition to access the European Court of justice, the individual have the right of recourse to a national court to defend his rights inherited from the European law. Moreover, this study is not only limited to the issue of the accessibility of the jurisdiction but it also includes issues such as temporary judicial protection, the equality of citizens in access to the courts, the enforcement of court judgments
Batista, Sandie. "La protection des droits de l'enfant dans l'action extérieure de l'Union européenne". Thesis, Normandie, 2018. http://www.theses.fr/2018NORMR035.
Texto completoThe Treaty of Lisbon has deeply changed the scope of the external action of the European Union. One of the most important changes it has made to the European Union's external action is the constitutional objectives it now has to meet. Indeed, Article 3 §5 of the Treaty on EU concerns the international objectives of the EU. Among these objectives, one of them is particularly important. Firstly, because it reflects a new interest of the EU and, on the other hand, because it was unexpected: it is the aim of protecting children’s rights. The new status of the protection of children's rights in EU law has been relatively unnoticed and the doctrine has barely relayed it. This new aim on the international scene raises several questions related to the existence of legal tools for its realization or to the effectiveness of the measures adopted to protect children’s rights at an international level. These different issues are answered. However, the achievement of this objective reveals other difficulties that raise issues about the limits of European action and therefore the limits of the functioning of the EU. Children’s rights are a particular matter because they carry legal aspects, of course, but not only. The European Union, by deciding to incorporate their protection into its international objectives, finds itself in a balancing act, particularly in regard of the current international context, which combines armed conflicts, humanitarian crisis and major migratory movements. It is clear that, faced with this situation, there are many difficulties encountered by the EU for the achievement of this aim of protection of children’s right and even in making it a part of its external action
Aimsiranun, Usanee. "La citoyenneté européenne et l'État providence". Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-00863902.
Texto completoTörenli, Maral. "La protection du consommateur en droit de l'Union européenne et en droit turc". Paris 2, 2010. http://www.theses.fr/2010PA020052.
Texto completoChahriar, Alain. "Environnement et concurrence dans le cadre de l'union européenne". Nice, 2001. http://www.theses.fr/2001NICE0017.
Texto completoSale, Musio Federico. "Le transport durable : étude de la législation européenne et internationale". Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D066/document.
Texto completoSustainable transport is a major contemporary issue. Human health may be threatened by a superficial management of this problem that would undermine a most needed fight against pollution, especially when this phenomenon is in direct contact with the population. Using the prism of law, with the analysis of international, European and regional legislations on sustainable transport, this research aims at identifying the main problems, sorting the best solutions and proposing functional alternatives to reconcile mobility with sustainability. The EURO standard, the Worldwide Harmonized Light Vehicle Test Procedure, the multi-modality, the intelligent vehicle and the sustainable marketing strategy are examples of the various measures taken to remedy the problem of pollution. Territorial sovereignty is still one of the major factors hindering a full implementation of all sustainable development policies embodied in international treaties and making them truly binding on the signatory States. Law is the ideal instrument to align economic and social development with environmental protection, but a widespread awareness of the importance of the environment, and in particular the role played by transport, is essential to achieve this objective. The urgency given by the deterioration of the environment demands world governments to take actions as fast and brave as possible
Tassone, Loredana. "La protection européenne des données à caractère personnel traitées à des fins judiciaires". Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA028.
Texto completoIn our society which can be called "information society" and also society of "electronic surveillance," it is essential to ensure the protection of personal data. The implementation of regulations on data protection has not always been easy, and in some areas, remains complex. The judiciary is a striking example of an area where it has been difficult to establish specificand appropriate rules for the protection of personal data. In the years ninety, the question was raised whether a specific protection for judicial data was necessary. The findings were different: on the one hand, some have estimated that a specificregulation was appropriate, on the other hand, others felt that the idea of establishing such rules must be abandoned. This study seems to have been - at some point - quitted. Given the improvements in technology and the evolution of European legislation, it seems essential to renew this question and try to find out which level of protection is given to judicial data in the current European system of protection of personal data. The importance to renew this question is proven by the case law of the Strasbourg Court. The latter has indeed been referred to cases of human rights violations due to improper processing of data in the judiciary. In addition, plans to reform the system of protection of personal data are currently under discussion at European level. Indeed, the Council of Europe and the European Union are currently working on the modernization of existing texts on the protection of personal data. It is therefore interesting to examine the place reserved for the protection of judicial data in the context of these reforms. The thesis recall the importance of protecting personal data at any time, in any place and in any field of activity, including the judiciary. Its main aim, on the one hand, is to highlight existing problems in the protection of judicial data and, on the other hand, to answer the question of whether a specific regulation in this area must nowadays be developed at European level. In the first part Council of Europe and the European Union’s texts on data protection and theirapplicability to the judicial data were analyzed. Given the fact that the texts currently into force at the Council of Europe and at the European Union, at first glance, have the same content, it has been necessary to analyze them with a comparative approach in order to understand their interoperability and verify their applicability to judicial data. Despite the multitude of texts on data protection present at European level (those of the Council of Europe and of the European Union), a marginal space is reserved to judicial data. The basic principles stated in these texts are in theory applicable to judicial data but in concrete those are not applied. In any case, those texts do not provide effective protection of judicial data. [...]
Nella nostra società, che può essere chiamata “società dell'informazione” o anche società di “sorveglianza elettronica”, è ormai indispensabile garantire la protezione dei dati personali. L'attuazione della normativa in materia di protezione dei dati non è sempre stata cosa facile, e per alcuni settori di attività, essa risulta tutt’ora un’operazione complessa. Il settoregiudiziario ne è un esempio. In effetti, si tratta di un settore in cui è stato difficile elaborare ed attuare regole specifiche ed adeguate per la protezione dei dati personali. Negli anni novanta, ci si è chiesti se fosse necessario provvedere all’adozione di regole specifiche per la protezione dei dati trattati a fini giudiziari. Secondo una prima teoria una regolamentazione specifica risultava opportuna, tuttavia secondo un’altra teoria l'idea di creare una regolamentazione per la protezione dei dati personali trattati in ambito giudiziario doveva essere accantonata. Lo studio di tale questione sembra essere stato - ad un certo punto - abbandonato. Dati i miglioramenti tecnologici intervenuti negli ultimi anni e l'evoluzione della legislazione europea in materia di protezione dei dati, sembra indispensabile porsi nuovamente la questione dell’opportunità di una regolamentazione specifica per il settore giudiziario. Sembra altresì opportuno interrogarsi sull’importanza che attualmente viene attribuita alla protezione dei dati trattati per finalità legali nell’ambito dell’attuale sistema europeo di protezione dei dati personali. Tale necessità sembra essere corroborata dal contenuto della giurisprudenza della Corte di Strasburgo. Quest'ultima è stata, infatti, spesso adita per casi di violazioni dei diritti fondamentali dovuti ad un trattamento illecito dei dati personali per ragioni di giustizia. Inoltre, dei progetti di riforma del sistema di protezione dei dati personali sono attualmente in discussione a livello europeo. Infatti, il Consiglio d'Europa e l'Unione europea stanno attualmente lavorando sulla modernizzazione dei testi esistenti in materia di protezione dei dati personali. E 'quindi altresì interessante esaminare quale importanza è data alla protezione dei dati giudiziari nel contesto di dette riforme. Oltre a ricordare l'importanza della protezione dei dati personali, in qualsiasi momento, in qualsiasi luogo e in qualsiasi settore di attività, tra cui quello giudiziario, l’obiettivo principale delle tesi è, da un lato, di evidenziare i problemi esistenti in materia di protezione dei dati giudiziari e, dall’altro, di valutare l’opportunità dell’esistenza a livello europeo di una normativa specifica per questo settore. Nella prima parte i testi del Consiglio d'Europa e dell'Unione europea in materia di protezione dei dati e la loro applicabilità al settore giudiziario sono analizzati. Tenuto conto del fatto ch i testi attualmente in vigore presso il Consiglio d'Europa e l'Unione europea hanno, di primo acchito, lo stesso contenuto, è stato necessario analizzarli con un’ottica comparatistica al fine di capire come essi si conciliano e di verificare la loro applicabilità ai dati giudiziari
Vieira, Giuliana Dias. "Le système de protection des droits fondamentaux dans l'Union européenne : unité ou dualité?" Paris 1, 2012. http://www.theses.fr/2012PA010331.
Texto completoLozano, Rose-Marie. "La protection européenne des droits de l'homme dans le domaine de la biomédecine". Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32031.
Texto completoRemedem, Arnaud. "La protection des droits fondamentaux par la Cour de justice de l'Union européenne". Thesis, Clermont-Ferrand 1, 2013. http://www.theses.fr/2013CLF10403/document.
Texto completoWithin a multiplicity of European systems for the protection of fundamental rights, the one established by Community law and then by the European Union stands out by its specific construction.Faced with the reluctance of national constitutional courts, the provisions of the original treaty making also shows a significant weakness in terms of protection of fundamental rights, the Court of Justice has established a policy of jurisprudence in order to protect them through a progressive reading of the provisions of the Community Treaty and the European Union. The general principles of law instrument was, for the judge, dominating to specifically define and protect fundamental rights in the Community legal order and then the European Union. Inspired by the constitutional traditions common to the Member States and international legal instruments which the first is the European Convention on Human Rights, the Court of Justice has thus developed a protection of fundamental rights that is all together effective and accepted by the Member States. Today, this protection of fundamental rights is boosted by the prospect of adhesion of the European Union to the European Convention on Human Rights. Therefore, in a context of cross-Europeanization of rights and nesting European legal orders, the Court of Justice of the European Union has been able to draw up a list of argued legal points in order to establish a consistent and harmonious human rights protection which has to be specified
Makoutchouop, Nerry Christelle. "La protection des indications géographiques de l'Union Européenne et son effet sur les exportations de fromages". Master's thesis, Université Laval, 2021. http://hdl.handle.net/20.500.11794/69245.
Texto completoThe inclusion of GI protection measures in the new European Union agreements is a fairly recent phenomen on that requires special attention. This study therefore proposes to verify to what extent the protection of geographical indications in these so-called "new generation" agreements could contribute to increasing (or decreasing) cheese exportsfrom countries in general and the European Union in particular. Looking beyond tariff reductions, reductions in non-tariff barriers generated by the signing of the agreement andthe expansion of quotas, our results show that the increase in cheese trade is dominated by reductions in non-tariff barriers for non-EU exporters. For European exporters, quota expansions have a significant effect, while GI protection has no significant effect. This effect appears to be greater for small countries. The combined effect of GI protection andquota expansion in the same agreement offers even greater gains to EU cheese trade. Through this study, we make both an empirical and methodological contribution to theliterature. The study is also politically relevant in that the European Union may direct its future agreements toward quota expansions to achieve even greater potential gains.Countries such as Canada, which do not have protected cheeses, should prioritize agreements without tariff quotas or GI protection for their cheese trade, unless they protect some of their local cheeses at the World Intellectual Property Organization, whichwould offer them added value in the European market, where trends for GI products aremore deeply rooted in consumer cultural habits.
Touijer, Kawtar. "La construction juridique du consommateur raisonnable en droit de l'Union européenne". Thesis, Nantes, 2019. http://www.theses.fr/2019NANT3015.
Texto completoWhat is the role of the consumer in the internal market? This is, essentially, what the study on the legal construction of reasonable consumer in the European Union law answers to. The well-functioning of the internal market postulates the requirement of a reasonable consumer. The reasons are multiple. They are based primarily on the imperatives of the market, which postulate a reasonable consumer, i.e. an individual who is able to effectively act in the market. Of the necessity for the consumer to be an actor results the requirement of a reasonable consumer. The latter, however, reaches limits, leaving then room to take into consideration the consumer’s weakness. In certain circumstances, the consumer cannot be considered as reasonable. An adult or an infant, the difficulty lies in the fact that in some hypotheses, the consumer loses all rationality. The law protects the individual in this situation. His or her weakness is conditioned. The objectification of the consumer as an actor is then limited. The determination of the consumer’s role as well as their protection is then the fruit of a product regulation. However, the legal construction of the reasonable consumer in European Union law illustrates the willingness to clarify the role of this individual around a unifying formulation
Cippe, Astrid. "La communautarisation du droit et de la protection sociale". Paris 2, 2004. http://www.theses.fr/2004PA020043.
Texto completoHayhow, Pierre. "La communauté européenne et les conventions internationales en matière d'environnement". Aix-Marseille 3, 1996. http://www.theses.fr/1996AIX32016.
Texto completoThis study deals with the environmental external competence of the community and the implementation of environmental international agreements within the community legal order. The scope and legal basis of the environmental external competence of the community are imprecise. On the other hand, the environmental external competence is shared between the community and the member states and thus is linked to a modern form of federalism. These features involve a weakness of the rule of law which appears as well when the community implements the environmental international agreements. In this respect, the legal tools used to monitor this implementation, the infringement procedure under article 169 ec and the direct effect doctrine look rather ineffective owing to the little. Legally binding effect of the environmental international provisions
Danovics, Vadims. "L' indication géographique de produits agricoles dans l'Union européenne". Paris 1, 2001. http://www.theses.fr/2001PA010038.
Texto completoRacho, Tania. "Le système européen de protection des droits fondamentaux". Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020042/document.
Texto completoThe relationship between the two european legal order, the European Union and the Council of Europe, and national legal orders is analysed through a systemic vision, on the specific field of protection of Fundamental rights. Their relation has become so intense that it is hard to organise a study about them. That is why the systemic approach helps consider those relations as a whole. The first step, that shifts the interaction between the legal orders mentioned into a system is the presumption of equivalent protection. Follows the discovery of the rules of the system, that are also an effect of this system. More precisly, the rules are the principle of subsidiarity, proportionality and legal certainty. It appears that there is no need for the European Union to acceed to the European Convention of Human Rights, even if it would make the legal relation easier. However, it could be useful for the effectiveness of Fundamental Rights to deepen the substantial harmonisation between the european legal orders through the identification by the judges of european autonomous concept and common positive human rights obligations
Piaskowski-Rafowicz, Sandrine. "La protection de l'eau dans les États en transition : l'action des organisations internationales". Paris 1, 2003. http://www.theses.fr/2003PA010331.
Texto completoMiloudia, Faouzi. "Protection de la santé et mutation du processus d'intégration communautaire". Lyon 3, 2008. https://scd-resnum.univ-lyon3.fr/in/theses/2008_in_miloudia_f.pdf.
Texto completoThe establishement of the Communities aimed to settle prosperity and joint interests between the peoples of Europe. It set up a backward movement from the Global project and has consecrated the choice of a framework contriving the progressive integration of the domestic markets and the elimination of barriers to trade. Free trade concepts implementation appeared as the first step of an ambitious waves of measures. The realization of the common market was taken as an opportunity to rise above the apparently insurmontable political apathy of the countries involved in the european construction. But it doesn't correspond to Paul RIBEYRE's Project shaped on the cooperation contracted in the field of health since 1851. Although reference to health protection is both deduced from the single market progressive establishment and the full-play of the free-trade principles, it however took a significant place in the european project and contribute to strengthen the enhanced application of its pivotal mechanisms. Moreover it became, especially after the BSE crisis, a emphatic key element of the balanced run of its particular institutions and a decisive way to carry on the political evolution of the European Union beyond the purely economic goals. The relevance of Health's contengencies, the single market achievement and the attention paid on the european citizens'social demands are already being experienced or included amond the European Union's paradigms. This unexpected issue singularize the new direction taken by the Union and doesn't fit any more the liberal option drafted in 1951. The deep changes in the balance of international relations called into question the european standards levels. The protection of Health concerns many fields and seems to direct the debate about the regulation of the international trade led by the WTO and its atypical dispute settlement system. European standards may nevertheless be suitable to structure the global governance and should participate in the construction of the complex world order
Caloprisco, Flavia. "La construction d'un droit spécifique à la protection des données personnelles dans l'Union Européenne". Thesis, Paris Est, 2019. http://www.theses.fr/2019PESC0011.
Texto completoThe thesis carries out a descriptive and evaluative analysis of the fundamental right to the protection of personal data. This right has been distinguished from other fundamental rights such as the right to respect for private life. In order to measure the impact of this right, the study analyzes the restrictions that may be placed on it when it conflicts with other equally protected individual interests or with the general interest on the basis of the proportionality principle. In fact, the digital revolution on the one hand allows people to exercise some of their rights but, on the other hand, allows the governments to control the individual. The progressive “constitutionalisation” of the right to personal data protection would improve the protection offered to the individual.Furthermore, the fundamental right to the protection of personal data would constitute a means of expressing the identity and values of the European Union.In a context marked by the technologies of surveillance and exchange of personal data, the European Union has chosen a model that respects fundamental rights.the role of the Court of Justice of the European Union appears to be central and strategic, not only at European level, but also globally, guaranteeing the right balance of interests by assessing the necessity and proportionality of the measures adopted. The recognition of the Charter of Fundamental Rights as a source of primary law has made a decisive contribution to the latest developments in its case-law in the matter and a decisive contribution to the process of autonomy with respect to the ECHR
Prasong, Orapim. "La protection des droits de l'enfant par la Cour européenne des droits de l'homme". Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0137/document.
Texto completoAlthough not originally designed as a child-centered Convention, the EuropeanConvention on Human Rights generated through the dynamic interpretation of the European Courtof Human Rights, the most abundant case law of all the instruments of this type on the rights of thechild. With a favorable legal space to protect child’s rights, the European Court lacks a text onwhich it can base an interpretation on. That is why it mainly refers to the Convention on the Rightsof the Child, which is the most detailed and the most suitable Convention for protecting child’srights specifically. Through the mobilization of the UN Convention on child's rights and theintegration of the concept of the best interest of the child contained in this instrument in itsreasoning, the European Court uses this Convention as a tool to construct its own case law on thespecific protection of child’s rights. But if the integration of this Convention in the reasoning of theEuropean Court is a factor of harmonization to the extent that it encourages the Member States ofthe Council of Europe to implement the international treaty while providing a commoninterpretation its provisions, no absolute uniformity is required. The study of the European Court’scase law underlines its growing will to make the European Convention on Human Rights asubsidiary conventional instrument to child’s rights protection
Dispersyn, Michel. "Entreprise, État et Union Européenne : lacunes et segmentation de la protection en droit social". Bordeaux 4, 1997. http://www.theses.fr/1997BOR40005.
Texto completoBruneel-Baïssas, Carole. "La protection de la santé du mineur". Lyon 3, 2007. http://www.theses.fr/2007LYO33001.
Texto completoThis work is a synthesis and a critique of the collective preventative actions and enforceable laws aimed at child health. Based on medical, sociological and comparative law, this work proposes a number of ways of reinforcing the efficiency and coherence of the current system. This work centers on the parents'role in protecting the children, highlighting their central role in this task in the first part and examining assisting and enforcing role of public authorities in the second part
Techa-Apikun, Aimpaga. "La protection juridique du consommateur acquéreur de bien : étude comparative (Thaïlande, Malaisie, Singapour, Union européenne)". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1082.
Texto completoProtecting the rights of consumers is a key issue to achieve the balance between all stakeholders benefiting from expanding market without borders. Currently, cooperation on the issue among the ASEAN member countries has been established; however, a further and analytical study on the topic is needed. A comparative reflection on states' internal mechanism of the protection of interests of consumers who possess goods will provide an insightful knowledge of current situation both in terms of legal instruments and facts. These are important factors for the development of consumer protection.This study is to analyse the internal legal systems applicable to the three selected countries which are Malaysia , Singapore and Thailand , aiming at protecting consumers' economic interests against the problem of non -conformity of goods to legitimate expectation. Although the three selected countries differ from each other in terms of the form of government and legal system, they share one thing in common; integrating the concept of protecting the interests of consumers in their law for over ten years. Our comparative reflections on the three countries' mechanisms, the regional mechanisms and the EU mechanisms exhibit similarity and disparity of law between the three countries and thus propose a solution to reduce these differences
Kyaboba, Kasobwa Léon. "La prévention des atteintes à la sécurité des consommateurs de denrées alimentaires: étude comparée des droits congolais et belge et de l'Union européenne". Doctoral thesis, Universite Libre de Bruxelles, 2001. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211556.
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