Tesis sobre el tema "Responsabilité des fonctionnaires"
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Ntsama, Michel. "La responsabilité pénale des agents publics au Cameroun". Electronic Thesis or Diss., Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCD025.
Texto completoOne of the most important thing in cameroon actuality since 2004, is the apparent penalisation of public agents responsibility. However, these appearences appear just to be the tree hiding a forest of impunity. That impunity, which sometimes can be considered as encouraged by authorities, led some authors to speak about "the reinstitutionalisation of infractions by the STATE" to demonstrate how, the STATE with his power can make something illegal seen as legal.Thus, the question "do a penal responsability for public agents still exist in Cameroon ?" seems to be a logic confusion which the present work should try as possible to clarify and understand. Nevertheless, let us mention that the Cameroonian law clearly forbid and condemn all the responsibles, even public agents, of infractions. By then and as a matter of fact, all the public agents are penaly responsible. But although there exist a law for it, many things can be done in order to improve that law for the Cameroon to become more rightious
Park, Kyune-Seung. "Etude comparative de la responsabilité administrative en Corée, au Japon et en France". Aix-Marseille 3, 1989. http://www.theses.fr/1989AIX32012.
Texto completoIt seems that the law of administrative responsability in korea and in japan on the one hand and in france on the other hand demonstrates more differences than similaritys. The explanation for this is based on two points. First, the influence of civil law and of german law at the time when the law of the responsability of the state in korea and in japan was being developed and secondly, the differences in the respective juridictions : judiciary in korea and in japan, administrative in france. But the detailed comparative research in this study shows that currently these traditional differences must be reduced especially concerning the japanese law and the french law. Moreover, the evolution of the korean and japanese law of administrative responsability is gradually progressing towards a greater similarity with the french law. Our study does not acknowledge certain positions of the judicial precedent and of the doctrine of these three nations with regard to : the base of administrative responsability, the concept of fault, the legal nature of the responsability for fault by the administration and the nature of the law of administrative responsability
Brault-Jamin, Vincent. "Les élus et fonctionnaires territoriaux devant la justice pénale". Poitiers, 2000. http://www.theses.fr/2000POIT3002.
Texto completoJean-Pierre, Didier. "L'éthique du fonctionnaire civil : son contrôle dans les jurisprudences administrative et constitutionnelle françaises". Aix-Marseille 3, 1996. http://www.theses.fr/1996AIX32028.
Texto completoIt is about examining the civil servant's ethics through their behaviour in disputes and juridicial control. But only the obligations of the candidate entering public service, the civil servant in his work and private life, as well as those of the former civil servant, are linked in some way to a code of ethics. This is because a certain lack of interest, neutrality and morality appear to be elements of the real ethics of the civil servant. To begin with, a study of the source of the juridicial control of ethics in the public service, shows certain textual and jurisprudential rules as well as doctrines, which all make up the foundations of the civil servant's code of ethics. Second to be tackled are the areas of juridicial control over the civil servant's ethics, depending on where he finds himself in both the course of his work and outside of it. The final study is of the duty of controlling the state servant's code of ethics. The judge's control is two way, both to protect the administration and the workers as well as trying to make up for the deficiencies in the legislative authorities. This supervision also show's the judge's wish to maintain the traditional values deep rooted in the established order and his reticence to accept new values. Finally this control is to be replaced but in a context which is much bigger than the reforms which tend to moralise to the public service
Madanat, Nafis. "L' évolution de la responsabilité civile du fonctionnaire en droit français : 1873-1984". Clermont-Ferrand 1, 1985. http://www.theses.fr/1985CLF1D026.
Texto completoRamsewak, Shamila. "La vie privée des fonctionnaires". Paris 13, 2011. http://scbd-sto.univ-paris13.fr/secure/ederasme_th_2011_ramsewak.pdf.
Texto completoMarc, Emmanuelle. "Le pouvoir disciplinaire dans la fonction publique en France et en Allemagne". Grenoble 2, 2002. http://www.theses.fr/2002GRE2A001.
Texto completoFalzoï, Alain-Raphaël. "La pénalisation des fonctions électives et des hautes fonctions de l'Etat : Causes et répercussions". Corte, 2007. http://www.theses.fr/2007CORT1041.
Texto completoIn the French social regulation system the place of justice has constantly been increasing, always dedicating itself to the punishment of the guilty individual but never really making up for the harm that has been done. The strength of criminal law has settled on the ground of the French administration under the media trends to simplify and trivialize our justice around its coercive basis. Thus, Criminal law fills the existing void as far as other forms of responsabilities are concerned (political, administrative or civil). Over a decade, decision-makers from the public sector (from the small town councillor to the heads of the state) have been sued for a range of charges concerning whether voluntary underhand acts or unintentional but reckless decisions. Thanks to its oblique capacity , Criminal Law tends to become a cathartic place where supposedly difficult subjects can be run. It reintroduces individual responsability in the process of the socialization of risks. A certain politicization has begun, it tends misinterpret the burst of the independence of the law as an impetuous and insidious compsition of a governement of judges, thus arousing the old battle for legitimacy between the judges and the elected representatives. Tracking down impunity could not prevent a durable immunity and the permanence of special courts of law, which led to a movement of decriminalization so as to counter some dishonest attacks on the one hand and a juridical parallel-when people were asked to vote-on the other. On the one hand, criminal law is a consequence of the relation of subordination between decision-makers and the magistrate's authority and the other it is a means of protection for those who have taken part in this repressive turn on behalf of the heads of society. Hence, is criminal law to be taken as a part of a public policy whose goal is to deal with poor running of its representatives ? Or is it a private claim from the individual who can’t stand their shorcomings and their lack of integrity any longer ? Can the clause of responsability of the heads of the state always be submitted to the mode of enforcement of a repressive law ? Can criminal law interfere in the field of political action ? Is it legitimate and lawful ? These are our questions
Morales, La Mura Raúl. "Essai sur une sociologie institutionnelle : la fonction publique territoriale". Metz, 2002. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/2002/Morales_La_Mura.Raul.LMZ0202.pdf.
Texto completoNtsama, Michel. "La responsabilité pénale des agents publics au Cameroun". Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCD025.
Texto completoOne of the most important thing in cameroon actuality since 2004, is the apparent penalisation of public agents responsibility. However, these appearences appear just to be the tree hiding a forest of impunity. That impunity, which sometimes can be considered as encouraged by authorities, led some authors to speak about "the reinstitutionalisation of infractions by the STATE" to demonstrate how, the STATE with his power can make something illegal seen as legal.Thus, the question "do a penal responsability for public agents still exist in Cameroon ?" seems to be a logic confusion which the present work should try as possible to clarify and understand. Nevertheless, let us mention that the Cameroonian law clearly forbid and condemn all the responsibles, even public agents, of infractions. By then and as a matter of fact, all the public agents are penaly responsible. But although there exist a law for it, many things can be done in order to improve that law for the Cameroon to become more rightious
Jaoul-Le, Mouel Sonia. "La corruption et la responsabilité pénale des élus". Montpellier 1, 2000. http://www.theses.fr/2000MON10072.
Texto completoBerthé, Baba. "Les causes exonératoires dans le contentieux administratif de la responsabilité". Toulouse 1, 1998. http://www.theses.fr/1998TOU10047.
Texto completoThe study of exemption causes is inevitably linked to the objectives of the law of responsibility which consists in ensuring a social balance which is always precarious. Such an objective requires, indeed, some adaptability in the enforcement of the rules that only the exemption causes are susceptible to impart. In the administrative litigation of the responsibility, the original aspect of the problem stands in the internal structuration of the exemption causes. Contrary to the civil right where the absolute necessity and the fortuitous case merge, here, one has learnt to dissociate them. Thus, the exemption causes are composed not only of causes said to be external (absolute necessity, act of the victim, act of an outsider) but also of the fortuitous case. The former have the particularity to be external to the circle of the defendant. The fortuitous is not. Despite the fact that it has contravened sharply it has given rise to, it remains an internal cause if all the exception causes theoricaly, have, the effect of freeing the defendant of the obligation to make up for the damage caused, the hauting question of the foundation of this discharge effect still needs to be answered. Are the thesis of the remission of the offence or the rupture of the causal link between, on the one hand the fact ascribed to the defendant satisfactory? One can doubt about it. Consequently, the prescriptive explanation which founds the effect of the exemption causes basically on the prescriptive power of the administrative judge seems to be a credible alternative
Luquet, de Saint Germain Caroline. "Contribution à l'étude de la responsabilité pénale non intentionnelle des décideurs". Montpellier 1, 2006. http://www.theses.fr/2006MON10015.
Texto completoDelaunay, Benoît. "La faute de l'administration". Paris 2, 2006. http://www.theses.fr/2006PA020063.
Texto completoMartel, Céline. "Les détenteurs de pouvoirs d'autorité et le droit pénal : essai sur une responsabilité pénale du décideur". Nice, 2004. http://www.theses.fr/2004NICE0060.
Texto completoThere is no penal responsibility for the decision maker. Several regimes modes coexist. The public decision makers, among whom the President of the Republic, the ministers or the members of Parliament, enjoy derogatory provisions to the common right protecting their functions. The company manager has the delegation of powers to exonerate his penal responsibility. This cause of no imputability, applied to all the decision makers, melts a penal responsibility for the decision maker superimposing himself on the existing modes. The decision maker is then distinguished from the only holder of capacities of authority power
Zani, Mamoud. "Le directeur général du bureau international du travail : essai sur le rôle et la fonction de chef d'exécutif international". Lyon 3, 2003. http://www.theses.fr/2003LYO33040.
Texto completoFortat, Nicolas. "Autorité et responsabilité administrative". Thesis, Tours, 2011. http://www.theses.fr/2011TOUR1003/document.
Texto completoNo summary available
Zidani, Saleh. "Obéissance des fonctionnaires et responsabilité des dirigeants pendant la Révolution Libyenne de 2011 : contribution à l'émergence d'un État de droit en Libye à la lumière du droit français". Thesis, Nantes, 2019. http://www.theses.fr/2019NANT3006.
Texto completoThe year 2011 was a truly historic moment for a certain number of Arab countries that had taken their destiny into their own hands since the fall of totalitarian regimes. Libya is not an exception to these popular revolutions which are called « the Arab Spring ». However, the democratic transition towards the rule of law in this country poses major challenges in restoration of a genuine stable democratic country, prosperous and more open to the world. At the heart of this reality there are many questions can be raised, according to which answers need to be given in different ways, for example but not limited to : What are the responsibilities of the Libyan leaders for human rights violations against peaceful demonstrators during the Libyan Revolution of 2011 ? Is the Libyan judiciary able to return to its original role, which was before the coup d’état of September 1969, and prosecute the leaders and institutions involved (perpetrators) in judicial proceedings worthy of the state of law ? Would it be not possible to invoke the responsibility of the Libyan state to ensure a new democratic transition in this country? All these questions can be served as a very useful guide for studying the obedience of civils servants and the responsibility of Libyan leaders during the 2011 Revolution. On the basis of a necessary review of the subject of this study in its general context, this thesis is structured in two essential parts preceded by an introductory section. The latter one aims at presenting the essential objective of the Libyan political and administrative system from 1969 to 2011. Then, the first part of the thesis is devoted to a comparative study to Libyan and French rights relating to the obedience and freedom of civils servants. Meanwhile, the second part handles the responsibilities of the leaders according to the national legislation and jurisprudence in order to compare them with the French law. Finally, the results of this study served as a basis for proposing new ways of intervention to improve the issue in Libya, in the light of doctrinal and jurisprudential developments in French law
Cogérino, Geneviève. "Représentations et attitudes relatives aux activités physiques d'expression chez les enseignants d'éducation physique". Paris 10, 1986. http://www.theses.fr/1986PA100144.
Texto completoTo study the representations of sport teachers and their attitudes concerning dance activities and corporal-expression subjects, forty seven extensive interviews were driven. In a first quantitative analysis of men's and women's speeches, we tried to gasp at differentiations between formative and non-formative teachers, taking into account the duration of teaching these subjects. We used the "modes de travail pedagogique"from Marcel Lesne and we found four main regrouping poles. These teaching patterns were analyzed according to two directions: first, the thematic, which could be discussed or neglected, in a connected way or not; second, the teacher's own routes, which have induced them to teach or not these activities, on the one hand, with a given modality on the other hand. By another way, a socio-clinic analysis draws up an inventory and gives an interpretation of all the teachers' formulations about the "rils" of these activities. The evoked conflicts, their modes of perception and resolution are analyzed. Examination of the latent processes and of the numerous inhibition mechanisms, acting both in speeches and in practices, accounts two themes in the representations: one is relative to problems of power and legitimacy, the other one to the sexed problematic of the body. Thus, it appears that the corporatist ideology is often connected with the term of corporeal expression and that the sphere of sport education is feebly imbued with it. In fact, it is the search of the self-control which is predominant in the representations
Darsonval, Charles. "Rôles et responsabilités des gestionnaires publics canadiens : le nouveau management public vecteur de tensions éthiques". Master's thesis, Université Laval, 2020. http://hdl.handle.net/20.500.11794/66327.
Texto completoSince the 70’, for structural, economic and ideologic reasons, the western democracies begun a cycle of administrative reforms to provide high quality services to citizens and to reduce at the same time the financial burden of the public services for the state. Synthesis of these reformer trends, the principles of the new public management (NPM) was progressively implemented in the Canadian institution, notably with the impulsion given by Brian Mulroney’s conservative government. The NPM transformed in a radical way the values framework which founded and structured the public administration. At the same time, to overcome the destruction of the heteroregulation mode, the ethic development emerges. It is particularly relevant for the public managers who benefit a growth in their autonomy and freedom of execution. Meanwhile, this new management model increases the multiplicity of loyalties that the actors have to refer and weakened at the same time their benchmarks and guides to resolve their ethical dilemmas that they encounter in their job. In this context, the NPM is weakening the integrity of the public managers and doesn’t help to eradicate the trust issue that strike the Canadian public institution.
Corack, Luc. "Le Statut des sapeurs-pompiers professionnels en droit français". Rouen, 1995. http://www.theses.fr/1995ROUEL240.
Texto completoProfessional firemen are territorial civil servants. The first part of the thesis sets out their statuary frame. The second part highlights the specidicity of their status. It emphasizes (the fact) that they could have enjoyed a special status. At the moment, they have a specific status
Eliard, Frédéric. "La responsabilite penale des elus locaux dans la gestion deleguee du service public d'eau et d'assainissement". Reims, 2000. http://www.theses.fr/2000REIMD007.
Texto completoCharzat, Jean-Michel. "Les fonctions de la cour de discipline budgétaire et financière". Paris 1, 2001. http://www.theses.fr/2001PA010275.
Texto completoFredon, Annie. "Les syndicats, contre-pouvoir utile ou parasite dans les établissements publics de santé : exemple de l'A.P.-H.P". Paris 8, 1998. http://www.theses.fr/1998PA081489.
Texto completoAntir, Bouchaa Insaf. "L’accès des femmes aux postes à responsabilité au sein de la Fonction publique et dans le secteur privé en Tunisie". Thesis, Paris 10, 2020. http://faraway.parisnanterre.fr/login?url=http://bdr.parisnanterre.fr/theses/intranet/2020/2020PA100009/2020PA100009.pdf.
Texto completoPioneering the consecration of gender equality, Tunisia has been an exception in the Arab world since its independence (1956). Despite favorable equality legislation, female employees are under-represented in the civil service, while they are as numerous and educated as their male counterparts. The current political upheavals have had a significant impact on women's working lives, including the distribution of wages in the labor market and patterns of recruitment, and in turn, women's career opportunities and allowed them to higher-paying jobs. To study the situation of women and the wage gap in the public and private sectors, our approach is essentially empirical. I have applied two models to the to the national employment surveys of 2011 and 2015 surveys to calculate the wage gap and provide some answers to the most discriminating sector. Notwithstanding, the undeniable gains, the applicability of gender equality on the job market is still patchy
Candellier, Olivier Verkindt Pierre-Yves. "La responsabilité des acteurs du service public à l'occasion de la grève". [S.l.] : [s.n.], 2006. http://edoctorale74.univ-lille2.fr/fileadmin/master_recherche/T_l_chargement/memoires/travail/candelliero06.pdf.
Texto completoGhazo, Elie. "Les relations entre les actions disciplinaires et pénales à l'encontre du fonctionnaire civil en France et au Liban". Thesis, Rennes 1, 2017. http://www.theses.fr/2017REN1G014.
Texto completoWhen public civil servants engage in misconduct, which hinders the proper conduct of public duties, the Administration is entitled to exercise disciplinary action against them. In this way, the Administration controls, compensates or neutralizes the deviations likely to harm the public action and its image. Logically, the procedures for the exercise of disciplinary powers vary according to the state, in accordance with the provisions of each civil service. It is rare to find absolute conformity between the various disciplinary systems. The purpose of this thesis is to compare and identify the characteristics of the disciplinary action applicable in the civil service in France and Lebanon, bringing the latter action closer to criminal action. It is thus necessary to observe to what extent the general principles governing criminal prosecution can provide elements for the improvement of the disciplinary system, whether French or Lebanese, by making it more equitable
Garrigue-Guyonnaud, Bertrand. "Le devoir de désobéissance de l'agent public". Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D088.
Texto completoThe duty of disobedience of the public official is envisaged as constituting a legal obligation, that is, as a "social technique" serving a number of policy choices. The thesis proposes to build analytical tools that can produce a general topography of the object in la and in the discourse on the law. It must identify and clarify a number of issues raised by the existence of this type of object in positive law sometimes obscured by the intuitive relationships that we imagine it has with fundamental moral questions. To do this, the research thesis specifically implements an analysis of the functions, structures, and criteria for implementing the obligation in domestic law, international criminal law and foreign national law. The study then shows the diversity of existing obligations, reveals certain dynamics of the doctrinal and contentious debate, and finally confirms the impossibility of "essentializing" the object. It makes it possible to envisage a proposal for modification of the existing systems in domestic law
Jouzel, Tony. "Pouvoir et responsabilité au sein de l’administration décentralisée". Brest, 2011. http://www.theses.fr/2011BRES5001.
Texto completoThe democratic principle applied to decentralized administration means that local representatives have decision-making power but also as a consequence, corresponding responsibility. In this framework, a local civil servant can only obey political orders and so cannot be held personally liable. However, this distribution is deeply changing. This evolution derives from an increase in the liability of local representatives which reaches beyond the power they have. They will therefore have to find a way of decreasing their personal liability, whether directly or indirectly, by reducing their own power. Meanwhile, local civil servants who thanks to their status and behaviour enjoyed some freedom will take advantage of the withdrawal of local representatives to further increase their own power. This factor is intensified by behavioural and structural changes of administration in general and of its decentralised version in particular. Administration now focuses on better performance but also on transforming about the network figure. Power and responsibility sharing have therefore been reorganised, giving to each actor, representative and civil servant, a new place
Guigui, Julien. "La loi pénale et les titulaires des fonctions publiques : essai critique sur la dénaturation polémique des débats entourant l'application du droit pénal aux agents publics et élus". Cergy-Pontoise, 2009. http://biblioweb.u-cergy.fr/theses/09CERG0407.pdf.
Texto completoThe continuous acceleration of technical progress and the criminalisation of social relations were two of the most characteristic features of the last century. This evolution did not spare the domain of administrative proceedings. Nevertheless, the difficulties linked to the application of criminal law to civil servants and elected representatives only really come into play in the assumption that the substance of the moral element likely to serve as a medium for criminal sanctions is weak. Such criminalisation of behaviour which is sometimes based more on simple maladministration than on anti-social dealings is fraught with consequences. For holders of public office, it leads especially to the appearance of self-defence strategies which often result in a retreat of public services as well as that of local democracy. The legislator has tried to offset these deviations on two occasions. But the movement of criminalisation of public proceedings, at its most excessive, is accompanied and encouraged by part of legal doctrine, especially criminal doctrine. The latter, by vigorously professing the idea according to which respect for the principle of equality left no other choice to national representation than that of adopting laws of general application, weighed considerably on debate surrounding the adoption of the laws of 13 May 1996 and of 10 July 2000. The effectiveness of these measures suffered considerably as a result of this fact. The views of advocates of that which Professor Olivier BEAUD calls “the ideology of common law” are hinged mainly on three erroneous axioms: a questionable definition of equality before criminal law, negation of the unique nature of missions carried out by holders of public office and the affirmation of substitutability of criminal liability with political responsibility. All three have led to the serious controversial denaturing of discussions in relation to these difficult issues. This thesis tries to seek the causes of this denaturing by carrying out a systematic exploration of the evolution of criminal law applicable to holders of public office from the Ancien Régime until today (Part One). This historic study of the evolution of substantive law and the legal doctrines associated, provide several clues allowing us in particular to understand the origin of the notion of substitutability of criminal liability with political responsibility or even to explain why the problems linked to criminal prosecution of involuntary offences have only appeared relatively recently. It especially brings to light the influence of the memory of the system of prior authorisation to prosecute on current-day debate. The study of substantive criminal law (Part Two) highlights the fact that concerning voluntary offences, holders of public office have always been the subject of specific accusations aimed at protecting the correct operation of the public services of which they are in charge. They therefore indisputably make up a distinct category of recipients of criminal law to which special rules apply. Such an observation radically contradicts the dominating doctrinal positions from 1996 and 2000. It suggests that it would not only be possible but also crucial to adapt criminal prosecution of involuntary offences to the specificities of the situation of holders of public office. Such is the position defended in this thesis. For the lack of having been definitively settled by the law of 10 July 2000, the issue of the application of criminal law to civil servants and elected representatives will necessarily be raised again before the national representation in the years to come. By contributing to exorcising the old demons of Article 75 of the French Constitution of the Year VIII, we hope that this critical essay will contribute to the fact that this Constitution is debated more serenely and on an exact scientific basis
Parinet, Pauline. "La carence de l'administration". Thesis, Tours, 2017. http://www.theses.fr/2017TOUR1012/document.
Texto completoThe deficiency of the administration is meaningful and also ambiguous. Meaningful as it brings back administrative bad memories for every citizen. But ambiguous, for jurists, as the deficiency naturally reminds them of many terms which are very close, such as lethargy or abstention. Nevertheless, the deficiency has to be distinguished from these terms and can be defined as the result of some inactions : the ones which should not have happened. The recognition of the administrative deficiency has thus a function : highlighting an unacceptable passive behaviour. What it means an insufficient use of its means to fulfil its mission and an abusive abstention. So, the abnormal nature of this inaction highlighted by this recognition needs a reaction of the legal system, in order to condemn this noted lack, jurisdictionally or not
Kone, Oumar. "La corruption des agents publics : approche comparée des droits français et malien". Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA016/document.
Texto completoCorruption, considered as an excessive use of a power delegated for private purposes, inevitably enriches a small number of people. Thus, where it is rooted, it becomes a major obstacle to development by weakening the society and the state. Therefore, it undermines the very foundations of the rule of law, undermines the foundations of democracy and derives its source of bad governance. Consequently, it does not only lead to a misuse of public funds, but also distorts competition by creating inequalities among citizens. Aware of the harmful effects of this phenomenon, France and Mali provide and punish in their legal systems the fight against corruption. For prevention purposes, bodies of administrative nature are created (SCPC France and Mali OAG, etc.) whose mission is to prevent the corruption of public officials. Also, as regards to law enforcement, specialized courts are created in these countries to quell any attack on public probity. But there is no choice but to accept that the effective implementation of these measures often encounter difficulties linked inter alia to the brevity of the limitation period, the issue of whether prosecution is advisable, to defense secrecy, etc. Internationally and regionally, as many conventions or agreements have been adopted to make the fight against corruption, a major stake. Besides, the United Nations has listed the fight against corruption among their objectives, considering this plague to be in many ways a major obstacle to the rule of law. France and Mali have ratified and adapted most of the international and regional conventions to their legal system in order to conform to international constraints for the fight against corruption, a struggle which tends to internationalize. This study aims to make an inventory of the corruption in both countries, analyze the reality and the weakness of the measures implemented to fight against this plague while making proposals for a more effective fight against corruption which, notwithstanding blights both public and private sectors
Bottini, Fabien. "La protection des décideurs publics face au droit pénal". Le Havre, 2006. http://www.theses.fr/2006LEHA0009.
Texto completoIn the late 20th century, politico-financial scandals and the contaminated blood case formalized the opposition of the public opinion to the immunity-impunity granted to rulers viewed as "liable” but “not guilty”. The recurrent controversy over the legitimacy of the immunities given to the representatives of the nation or their officers was thus rekindled. As the law does offer some guarantees of impartiality to ordinary citizens to be tried, the question is whether it does not provide enough protection for authorities. In that case, should public deciders benefit from increased protection against criminal law ? The answer depends or whether the case is considered from the standpoint of the democratic logic or the representative one. While the former recommends subjecting government officials to criminal law as the expression of the general will, the latter makes it legitimate to apply exceptional arrangements to them. How does substantive law settle the question? Has public law chosen either logic ? Does the specificity of the offices involved not entitle government officials to some immunities ? Are such immunities not likely to promote the drift of popular representation toward oligarchy ? To what extend can they be reconciled with democratic values ? This thesis will attempt to answer such questions