Thèses sur le sujet « Recours pour excès de pouvoir »
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Martinez, José. « Le recours pour excès de pouvoir en matière fiscale ». Strasbourg 3, 2000. http://www.theses.fr/2000STR30011.
Texte intégralDespite appearances and contrary to widespread scholarly legal opinion, administrative appeal for ultra vires in tax matters play a considerable, albeit secondary, role. Its study is of great interest from a theoretical and practical point of view. The first part of the thesis sets out the marginal nature of administrative appeal for ultra vires in tax matters. Historically this action was late and difficult to establish. Currently, this action remains subsidiary mainly due to the scope of the taxjudge's legal jurisdiction. However, the second part demonstrates that this action plays a considerable role in practice. It protects the rights of tax payers deprived of a genuine appeal in tax matters and also third parties' interests. Administrative appeal for ultra vires in tax matters have increasingly become a substitute for ordinary tax appeals
Saussereau, Mathilde. « Les classifications des cas d'ouverture du recours pour excès de pouvoir : essai d'analyse critique ». Paris 1, 2002. http://www.theses.fr/2002PA010322.
Texte intégralGhezzou, Brahim. « Le renouvellement du contrôle juridictionnel de l’administration au moyen du recours pour excès de pouvoir ». Thesis, Bourgogne Franche-Comté, 2017. http://www.theses.fr/2017UBFCH037.
Texte intégralThe role of the administrative judge (the excess of power) has evolved due to the implementation of the various texts adopted recently as well as the developments in the case-law in recent years. In many areas, its role now goes beyond the mere confrontation of an administrative act with the rule of law. At the heart of the annulment decision is a statement and an assessment of the facts, apart from the interpretation of the law, which were usually separated by the principle of separation between the administration and its judge.Some jurisprudence which has become very classical, as well as others more recent, can be considered as characteristic manifestations of this new tendency of the judge to impose a pragmatic reading of the law, to conceive a certain coherence between the applicable law and the reality of the facts, thus rendering useful any annulment contentious pronounced in this sense
Claeys, Antoine. « L'évolution de la protection juridictionnelle de l'administré au moyen du recours pour excès de pouvoir ». Poitiers, 2005. http://www.theses.fr/2005POIT3007.
Texte intégralMorot, Camille. « Le tiers requérant et l’altération du recours pour excès de pouvoir en droit de l’urbanisme ». Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10032/document.
Texte intégralActions of annulment by third parties are undergoing various transformations, most strikingly in the field of urban planning. Perceived as prejudicial to the stability of urban planning permissions, this “deed put on trial, of public utility and nature,” was amended, mostly by legislators, towards greater security and subjectivity. Consequently, it can henceforth be described as somewhat distorted, inasmuch as the constitutive characteristics of this pillar of administrative litigation tend to fade in the face of new priorities. The closing of the access to the courtroom as well the radical evolution of the urban planning judge’s function raise questions about the enduring nature of the action of annulment in urbanism. Yet, the alteration process of the action of annulment runs into obstacles that prevent any denaturation of it. The relevance of a legal appeal, objective and open, remains unquestioned in light of the degree to which its characteristics enable to overcome the flaws of urban planning law, and the absence of alternative means to appeal the administrative ruling. Moreover, appeals in urban planning law cannot adopt any other appeal’s legal rules, which inevitably renders its own system hybridized
Bailleul, David. « L'efficacité comparée des recours pour excès de pouvoir et de plein contentieux objectif en droit public français ». Le Havre, 2000. http://www.theses.fr/2000LEHA0053.
Texte intégralVic, Jean-François. « L'effectivité des décisions d'annulation dans le contentieux de l'urbanisme : contribution à l'étude du recours pour excès de pouvoir ». Nantes, 1997. http://www.theses.fr/1997NANT4019.
Texte intégralDabbou, Sophie. « Les conditions de recevabilité du recours pour excès de pouvoir en france et en Tunisie : (mimétisme et originalité) ». Paris 1, 1998. http://www.theses.fr/1998PA010275.
Texte intégralThe introduction of the conditions of admissibility of appeal for actions ultra vires appeared in a "brutal" way in Tunisia with the law of 1972; it is, more or less, the resumption of the conditions released by the state council. The respect of the conditions of admissibility of appeal for actions ultra vires, created by French as well as Tunisian administrative law, constitutes one of the fundamental stages of the implementation of administrative justice. If the conditions of admissibility are not fulfilled, the judge shall put forward a demurrer to the applicant, even if the act concerned is null and void because of illegality. The issue was if there is necessarily a similarity between the situations of these two countries' citizens when the appeal for actions ultra vires was introduced. Are the principles put forward by the state council interpreted and implemented identically by the tunisian administrator and judge ? Without going into a close and technical comparison of the conditions of admissibility of appeal for actions ultra vires, we tried to analyze the way they were implemented in tunisia as compared to their country of origin, and such in relation to the specific issue of the protection of citizens. This comparison thus bears on the three conditions put forward by french law which are essential for proceeding to the appeal for actions ultra vires, i. E. Those relating to the applicant, the action, and the procedure. We were led to the conclusion that, even if to a large extent the imitation of the conditions of admissibility required in french administrative law is entirely realized, there exist differences which modify the protection of the persons to be tried on essential issues, thus revealing the weaknesses of a system that is still recent and in the framework of which administration and more specifically the authorities are still somewhat reluctant to submit to such and appeal
Charité, Maxime. « Excès de pouvoir législatif et excès de pouvoir administratif : Etude comparée de l'office des juges constitutionnel et administratif français ». Thesis, Orléans, 2019. http://www.theses.fr/2019ORLE0001.
Texte intégralIn France, general norms litigation is nowadays divided into two main groups, the actions for abuse of power directed against the normative acts and the control of constitutionality of the laws. Sharing a certain number of similarities, they are analyzed not only as "objective litigation", but also as "cancellation litigation". Thus, in order to fulfill their role, French constitutional and administrative judges must both, first, establish a norm-to-norm report and, if necessary, cancel the general legal act contrary to a superior legal norm. These similarities contrast with the different conditions in which the two judges of the Palais-Royal are called to judge. This permanent tension between the similarities they share and the different conditions in which they are called to judge makes the relationships between the role of the Constitutional Council and that of the abuse of power’s judge oscillate between unity and duality. Precisely, the present comparative study, named "Abuse of legislative power and abuse of administrative power" after the study of Dean Vedel in the first numbers of Constitutional Council Review, aims to demonstrate that, as the stages of litigation progress, the approach of the Constitutional Council and that of the administrative judge get closer to the point of identifying. The inscription of this comparison in the framework of a theory of legal constraints allows us to show that if, in the search for abuse of power, the role of French constitutional and administrative judges is dominated by duality, it is, in the sanction of abuse of power, marked by a deep unity
Sanchez, Yoan. « Le rôle des juges dans le contrôle de l'activité administrative. Etude comparée du recours pour excès de pouvoir et de la judicial review ». Electronic Thesis or Diss., Orléans, 2017. http://www.theses.fr/2017ORLE0001.
Texte intégralThe existence of efficient mechanisms of control for administrative activity is a common problem in European countries. Judicial control is of primary importance. It is a guarentee of the respect of law by public authorities, through the principle of legality. But, the role of judges is not only defined by this function. This can be demonstrated by a global comparison of the French recours pour excès de pouvoir and the English judicial review. While both mechanisms seem to allow a limited control of legality, the picture is not as simple. Because of the development of the strains on administrative action, due to the normative enrichment of legal orders, the role of the judiciary is extending. The position of judges within national institutions has to be clearly defined, in order to guarantee their legitimacy.As they can no longer be described as protectors of the will of Parliament, the foundations of their role is reassessed. Their discretionary power is increasing. It reveals their dualiaty: they are active in the control of legality, and as such they are the main instrument of the submission of public authorities to a developing legality, and they are also actors of this movment. As such, they draw limits in order not to ossify administrative activity, which is also legitimate. The comparision between the recours pour excès de pouvoir and judicial review can reveal this duality : the judges define its various aspects and actively participate to the definition of their own role
Sanchez, Yoan. « Le rôle des juges dans le contrôle de l'activité administrative. Etude comparée du recours pour excès de pouvoir et de la judicial review ». Thesis, Orléans, 2017. http://www.theses.fr/2017ORLE0001/document.
Texte intégralThe existence of efficient mechanisms of control for administrative activity is a common problem in European countries. Judicial control is of primary importance. It is a guarentee of the respect of law by public authorities, through the principle of legality. But, the role of judges is not only defined by this function. This can be demonstrated by a global comparison of the French recours pour excès de pouvoir and the English judicial review. While both mechanisms seem to allow a limited control of legality, the picture is not as simple. Because of the development of the strains on administrative action, due to the normative enrichment of legal orders, the role of the judiciary is extending. The position of judges within national institutions has to be clearly defined, in order to guarantee their legitimacy.As they can no longer be described as protectors of the will of Parliament, the foundations of their role is reassessed. Their discretionary power is increasing. It reveals their dualiaty: they are active in the control of legality, and as such they are the main instrument of the submission of public authorities to a developing legality, and they are also actors of this movment. As such, they draw limits in order not to ossify administrative activity, which is also legitimate. The comparision between the recours pour excès de pouvoir and judicial review can reveal this duality : the judges define its various aspects and actively participate to the definition of their own role
Ahipeaud, Alexis. « Le contentieux de la légalité au moyen du recours pour excès de pouvoir en droit ivoirien : contribution à l'étude du contrôle juridictionnel de l'administration ». Toulouse 1, 2005. http://www.theses.fr/2005TOU10018.
Texte intégralLegality litigation, largely accessible to justiciable for action ultra vires, generally aims at checking judicial regularity of administrative one sided deed. From a judicial view, it is the most important, for it implies bringing contencious deed to trial. A survey on legality litigation by the mean of rescouse for action ultra vires in Côte d'Ivoire enables us to point out the feature draw with as people do in Black Africa's french speaking countries. Thus, the alignement with the French law is not integral in its evolution for through French years jurisprudence trench gets deeper. Yet, bulk of what constitutes the rescourse for action ultra vires in its application is more or less visible in legality litigation in administrative law in Côte d'Ivoire. According to texte in Côte d'Ivoire administrative rescourses constitute an adminition condition for sueing a for actual action ultra vires. The litigation for action ultra in Côte d'Ivoire undergoes the influence of sociological impedimenta. A part from that, judico-administrative processes of administrative legality aspects in Côte d'Ivoire, are from French law. Its is the application of juridical rules of the colonial state. Rescourse for action ultra vires remains a secret
Cepko, Aurélie. « L'exception de recours parallèle en contentieux administratif francais ». Thesis, Toulon, 2014. http://www.theses.fr/2014TOUL0078.
Texte intégralThe objection of parallel proceedings, judge-made law created by the Council of State from the middle of the Second Empire, is traditionally explained like an absolute bar to proceedings devoted to misuse of powers. Indeed, the action is inadmissible if the applicant may bring another action, the parallel proceedings, with similar effect. This primary version has been modeled with a synthesis of notion characteristics. A standard model was produced and the judge can settle other situations of parallel proceedings. This second version of the objection of parallel proceedings is adapted to new proceedings like emergency proceedings or the implementation of European Union law. The practice of the objection of parallel proceedings is not theorizable. The judge is using this notion intuitively as a method for leading his judicial policies
Melleray, Fabrice. « Essai sur la structure du contentieux administratif français : pour un renouvellement de la classification des principales voies de droit ouvertes devant les juridictions administratives à compétence générale ». Bordeaux 4, 2000. http://www.theses.fr/2000BOR40007.
Texte intégralDeleh, Sam. « Recours pour excès de pouvoir et limites quant à la protection des administrés : étude comparée du droit du contentieux au Moyen-Orient (Syrie-Egypte) et en France ». Nantes, 1997. http://www.theses.fr/1997NANT4005.
Texte intégralThis thesis studied the problem of the efficiauty to the recourse for the excess of the authority (recours pour exces de pouvoir) as a posability to the governeds rights protection against the public administration arbitration. There is a cases study for two legal systems of two arab countries : Syria and Egypt. The present research choised these two countries, for his comparative analyse, because of the great french legal system influnce in these two countries. Our study follows an comparative approche to the syrien, egyptien and french law. For this object, we tried to realize the imperfections which affect the governeds by this recourse. In the first place, we examained the limitations of the access towards the administration judge : the requestors acts limitations, limitations concerning the addmeted governeds towards the judge, the institutional, procedural and financial order limitation. In the second place, we examined the limits which are insufficient in the governeds protection, even if the recours was in the substances examination. These limits have many aspects: limitations of equality principle, limitations as a result of the control exercised by the judge, limitations as a result of the non-suspensive effect of the recourse, and limitations related to authority of the judge on front of the public administration in the executing of his decision
Guilbaud, Thomas. « Le contentieux des tiers au contrat administratif ». Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D056.
Texte intégralThe field of litigation by third parties to contracts has been undergoing major changes since the Tropic travaux signalisation decision was handed down. New developments have occurred almost on a yearly basis – the latest of which, the Département de Tarn-et-Garonne decision, has allowed third parties to fully challenge contracts. At the same time, in an attempt to limit the risks involved for the legal certainty expected by the contracting parties, courts apply multiple restrictive filters, which often results in the contract not being quashed, or even in the absence of any sanction.The paper contains an overview of the current state of applicable rules, with a particular emphasis on the continued - albeit limited - use of the traditional action for misuse of authority (recours pour excès de pouvoir). If then considers possible improvements to litigation by third parties to contracts. These improvements go through a unification of the existing actions. Our proposal is to create a pre-contractual action that would be available to any interested third party, along with a contractual action whose admissibility would be more limited. It is also envisaged to extend to these new actions the power to impose financial penalties that is currently limited to contractual fast-track challenges (référés contractuels). Indeed, this sanction allows a conciliation between the legal certainty expected by the contracting parties and the respect of the principle of legality pursued by third parties. Its use should target mere formal defects, as courts currently lack an adequate power in this case, without setting aside the contracts
Duclos, Nolwenn. « L'excès de pouvoir négatif de l'administration ». Electronic Thesis or Diss., Orléans, 2021. http://www.theses.fr/2021ORLE3074.
Texte intégralDouble-sided medal, the judicial abuse of power is doubled depending on whether it characterizes the behavior of the judge who has left the circle of his attributions or his attitude when he refuses to judge or to recognize a power that the law confers on him. This dichotomy between positive abuse of power on the one hand, and negative abuse of power on the other hand, is largely foreign to the study of the abuse of power of the administration. Although now understood more broadly than its judicial counterpart, the abuse of power of the administration is never presented as a concept susceptible to duplicate according to the positive or negative nature of the committed illegality. This paradox results less from the absence of such a duality than from the predominance of a historically positive conception of the abuse of power of the administration which reduces any illegality to an overrun by the administrative authority of the limits assigned to its power. The exploration of 'the various manifestations characterized by abuse of power' suffices to note that under the traditional classifications, negative illegalities are diffuse and multiple. They have in common that they reflect the negative violation by the administrative authority of the standards imposed on it in its legal activity, either because the act is tainted with a negative defect, or because it has illegally refused to adopt a positive act. The nature of these illegalities, the sum of which draws the outlines of a negative conception of abuse of power, calls for the exercise of special powers on the part of the administrative judge. The gradual emancipation of the negative dimension of one's role to enable it to act positively for the administration or directly on the administrative act responds to such an imperative. Symptomatic, in many respects, of structural reflections that run through the study of administrative litigation, the study of the negative abuse of power of the administration invites reflection on the changing nature of the relations forged by the judge with the administration of which it ensures the control of acts and the litigant whose expectations it meets
Vaiter-Romain, Nathalie. « L'acte administratif unilatéral : retour sur les tentatives de conceptualisation ». Thesis, Paris Est, 2010. http://www.theses.fr/2010PEST2010.
Texte intégralSummary not transmitted
Katir, El Hassane. « Contribution à l'analyse de la doctrine administrative fiscale au Maroc ». Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D043.
Texte intégralAs an effective phenomenon marking the tax area, the tax administrative doctrine is a show of power of the tax administration and of their writers as well, to the point that it substitutes widely to the tax norm. This raises question of respect for the hierarchy of legal standards and taxpayer protection against the excesses of the tax administration interpretation. The tax administrative doctrine has no juridical value but, often, tax inspectors apply the administrativ circulars, bargaining and risking sometimes the juridical and law security and the taxpayers' guaranties. Thi power force of the tax administrative doctrine calls us on its status so as not to be placed on a hierarchical ran superior to the fiscal text. The tax administration in Morocco is not immune against this phenomenon which should normally seek th intervention of the juridical authority. However, taxpayers are reluctant to resort to administrative courts to challenge illegal doctrine and prefer to express individual requests to the administration for the interpretation of the law. Also, to monitor and contrai the administrative doctrine, it is necessary to rethink the elaboration of this doctrin in the order of greater efficiency by adopting an approach of collective conception. And to mitigate the possibl abuse, the appeal of abuse of power must have the importance it deserves in the field to assert the supremacy of the law and to consolidate the state of right
Zagorski, Wojciech. « Le contentieux des actes administratifs non décisoires. Contribution à une typologie du droit souple ». Electronic Thesis or Diss., Orléans, 2014. http://www.theses.fr/2014ORLE0001.
Texte intégralThe litigation status of soft administrative law is very heterogeneous. The non-decisive acts are submitted by the judge to quite varied legal regimes: while the administrative circulars remain generally indifferent from the point of view of litigation (unenforceable, inviolable, insusceptible of direct appeal), the administrative directives and the preparatory measures can be usefully brought before the courts, and are under the control of the judge incidentally, by way of the plea of illegality. In addition, there are acts such as "recommendations for good medical practice", or "general contract terms and conditions applicable to public procurement" (CCAG), which may be the subject of a direct appeal.The complexity of this contentious landscape does not seem irreducible. Some of the distinctions made in the current case law seem unjustified, which allows for the harmonization - or simplification - of the legal regime applied to existing categories of non-decisive acts. This is the main objective of this thesis
Zagorski, Wojciech. « Le contentieux des actes administratifs non décisoires. Contribution à une typologie du droit souple ». Thesis, Orléans, 2014. http://www.theses.fr/2014ORLE0001.
Texte intégralThe litigation status of soft administrative law is very heterogeneous. The non-decisive acts are submitted by the judge to quite varied legal regimes: while the administrative circulars remain generally indifferent from the point of view of litigation (unenforceable, inviolable, insusceptible of direct appeal), the administrative directives and the preparatory measures can be usefully brought before the courts, and are under the control of the judge incidentally, by way of the plea of illegality. In addition, there are acts such as "recommendations for good medical practice", or "general contract terms and conditions applicable to public procurement" (CCAG), which may be the subject of a direct appeal.The complexity of this contentious landscape does not seem irreducible. Some of the distinctions made in the current case law seem unjustified, which allows for the harmonization - or simplification - of the legal regime applied to existing categories of non-decisive acts. This is the main objective of this thesis
Amédro, Jean-François. « Le juge administratif et la séparation des Eglises et de l'Etat sous la IIIe République : un exemple des interactions entre les institutions républicaines et le contrôle juridictionnel de l'administration ». Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020010/document.
Texte intégralLaw scolars are traditionnally interested in the implementation of the separation of church and state by the administrative courts during the Third Republic. However, a renewal of the classic understanding was possible. While classic studies focus on the contribution of the Conseil d’Etat to the success of the Séparation and the protection of freedom of thought and religion, it is conceivable to study administrative case law from the angle of interactions between republican institutions and judicial review of administration. This methodological framework allows to underline mutual influences between the judiciary and republican institutions in the history of the administrative jurisdiction. Thus, as the Séparation is concerned, case law has played a strategic part in the implementation and enrichment of the principles established by the 9 december 1905 Act, therefore contributing to provide substance to the legal concept of laïcité de l’Etat. In the same time, and especially concerning the case law relating to the administrative regulation of expressions of religious beliefs in the public space, the political and legal context of the Séparation has had a decisive influence on the construction of the republican recours pour excès de pouvoir. This contribution consisted in a modernization of the judicial review techniques and a more accurate control of discretionary powers of the administrative authority. Through the study of the two main aspects of administrative case law relating to the Séparation, this research would like to enlighten the transformation of the traditional imperial-type administrative jurisdiction into a democratic and republican one
Leclerc, Caroline. « Le renouvellement de l'office du juge administratif français ». Thesis, Dijon, 2012. http://www.theses.fr/2012DIJOD005.
Texte intégralThe study of the evolution of the methods used by the French administrative judge is necessarily connected to the new priorities that were chosen regarding the carrying out of his functions. « Pass judgment and resolve disputes » remains the foremost mission of the administrative judge. Some of the aspects of his powers and duties have nevertheless grown in importance as part of a policy of strengthening his legitimacy.. Indeed , administrative courts increasingly take into account the persons subject to trial and they have focused the revitalization of the jurisdiction on the protection of fundamental rights, a favoured field for the dialogue of judges. Those strong orientations led to a deep reform of their techniques and methods of judgment. The French administrative judge is now fully in accordance with the requirements of administrative actions and the issues at stake. Whether it concerns reviews of legality or their outcome, those interventions are obviously efficient. Thanks to the powers he now detains, the French administrative judge brings an adequate response to the needs of modern justice and has once again taken up the tough challenge of self-reforming his functions
Laroche, Cyril. « Les actes non susceptibles de recours devant le Conseil d'Etat au dix-neuvième siècle ». Paris 5, 2005. http://www.theses.fr/2005PA05D001.
Texte intégralSince contentious claims were introduced, Conseil d'Etat requires that, in order that a claim be admissible, the petitioner must file it against a decision taken by an administrative authority, Conseil d'Etat lays down the criteria& a contested decision must meet in order to be able to file a claim against it. But Conseil d'Etat still enforces most of these criteria nowadays even though, since 1901, it keeps limiting their scope. In the 19th century, Conseil d'Etat considered that administrative decision had to be protected. Conseil d'Etat refused to rule on some decisions, in order to establish administrative authority. During the course of century, the activity of administrative authorities developed. The act of 24 may 1872 was also a means to protect administrative decisions. Conseil d'Etat had to act as a judge and take decisions with impartiality in contentious matters opposing petitioners to an administrative authority and refuse to rule on some decisions
Martinez-Mehlinger, José. « Le recours pour excès de pouvoir en matière fiscale / ». Paris ; Budapest ; Torino : l'Harmattan, 2002. http://catalogue.bnf.fr/ark:/12148/cb38927254m.
Texte intégralCazet, Safia. « Le recours en carence en droit communautaire ». La Réunion, 2008. http://elgebar.univ-reunion.fr/login?url=http://thesesenligne.univ.run/08_10-caset.pdf.
Texte intégralThe action for failure to act seeks to challenge the unlawful inaction of Community Institutions. Although this remedy has been rarely under consideration and has been resorted to on few occasions, it still remains an important remedy in the system of litigation. The research focuses on its effectiveness, compared with the french and german remedies (ie. The action against an implied decision of refusal and die Untätigkeitsklage). Examining this remedy reveals its major specificity : its object is a behaviour and an inaction. The action for failure to act is autonomous in the system of litigation, and is the only direct remedy against the omission of Community Institutions. Its functions reveals its specificities. Complementing the system of judicial review, it is a mean to challenge the unlawful inaction on European Community law
La, Mardière Christophe de Cozian Maurice. « Recours pour excès de pouvoir et contentieux administratif de l'impôt / ». Paris : LGDJ, 2002. http://catalogue.bnf.fr/ark:/12148/cb388543131.
Texte intégralNdiaye, Issakha. « La notion de recevabilité en contentieurx administratif français ». Toulouse 1, 2007. http://www.theses.fr/2007TOU10040.
Texte intégralFargalla, Nadia. « Les Conditions de recevabilité du recours pour excès de pouvoir étude comparée Egypte/France ». Lille 3 : ANRT, 1985. http://catalogue.bnf.fr/ark:/12148/cb37594188j.
Texte intégralBouzir, Riadh. « La protection et la défense des droits et libertés des administrés contre les abus de la puissance publique en droit marocain ». Perpignan, 2003. http://www.theses.fr/2003PERP0659.
Texte intégralPollet, Delphine. « Les actes inattaquables devant le juge administratif ». Lille 2, 2006. http://www.theses.fr/2006LIL20002.
Texte intégralThe study of the administrative case law reveals the existence of many instruments that are impossible to contest in front of the administrative judge, specially for " excess of power " (application for judicial review of administrative action). In spite of their important diversity, a few common reasons explain the impossibility to attack them. Those instruments are naturally source of a lack of judicial protection for citizens ; they are a limitation to their right of access to a judge. The administrative judge is therefore torn between those opposite requirements. If, during a laps of time, he did nothing to resolve the contradiction, the vigourous reaffirmation of the right of access to a judge since the second half of the 20th century (in national and European law), pushes him to undertake a conciliation which consists in a reduction of the impossibility to attack those instruments. Indeed, thanks to some techniques, he admits the possibility to contest some of them in a direct or in an indirect manner ; consequently he contributes to improve the situation of private individuals in contentious administrative matters. In the future, this reduction should still go on, but it should not lead to the total disappearance of " the incontestable instruments ". As a matter of fact, some of them should still exist to guarantee a certain balance between the interest of the private individual on the one hand, and the interest of he administration and of the administrative judge on the other hand
Bailleul, David. « L'efficacité comparée des recours pour excès de pouvoir et de plein contentieux objectif en droit public français / ». Paris : [Mont-Saint-Aignan] : LGDJ ; Publications des universités de Rouen et du Havre, 2002. http://catalogue.bnf.fr/ark:/12148/cb388616825.
Texte intégralBoussemart, Déborah. « La sécurisation des permis de construire contre les recours abusifs ». Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015USPCB124/document.
Texte intégralThe present dissertation is interested in the systematization of the threats of construction authorizations cancellation. This discussion examines the reality of overuses of the right of individual recourse in order to examine issues which could enhance the legal certainty of construction authorizations. The rapid growth of the overused recourses number leads to the manipulation of the law and of the judge. This transforms the courtroom in an odd market where the judge is the tool of a bad regulation. The result is significant. The reason for that is very simple: litigation is quite expensive and amicable settlements too. However, regulatory measures exist but they are not effective. The 2013 reform brought several innovative changes. Optimism leads us to believe these changes will be effective. But a more pessimistic viewpoint leads to highlight the other solutions. Hence, the purpose of this thesis work is to analyze the obstacles and limits of the existing tools which have led to insecure construction authorizations. Furthermore, it aims to analyze the relevance of existing legal instruments in urban planning law
Pangou-Taty, Alphonse. « La transposition de la justice administrative française dans les pays d'Afrique noire francophone ». Paris 12, 2004. http://www.theses.fr/2004PA122005.
Texte intégralThe present work concerns the adaptation of French administrative justice in a some countries of Sub-Saharan Africa. The problem I deal with is about the control over the submission of the civil service to law by abuse of power recourse. If the principle of legality is the translation of constitutional state requirements, the liability principle is another way to claim tower state that is not above the laws. As the role of the civil service has increased in a considerable way, it is now abslutely necessary to protect citizens against consequences of this phenomen which is not new. The first role played by the administrative judge is to guarantee the "miracle" of the civil service submission to the law because he judges administrative acts
Abdou, Samy. « L'Acte détachable et le recours pour excès de pouvoir essai d'un critère général d'identification, étude comparée de droit administratif français et égyptien / ». Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37602053f.
Texte intégralHosseini, Sadrabadi Iraj. « L'influence du modèle français de contrôle de la légalité des actes administratifs : le cas de l'Iran ». Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1055.
Texte intégralInspired by the French model, the Iranian legislator created in 1960 a new institution: The Council of State of Iran. But the law has never been implemented. The Court of Administrative Justice (CAJ) of that time was created by the section 173 of the 1979 Constitution to exercise judicial control over agencies and the agents of public authority under the authority of the judiciary. The CAJ is responsible for the excessive use of power against administrative acts and against agents' administration. The dispute on the legality of administrative acts in Iranian law distinguishes between the objective appeals envisaged in article 19 of the 2006 Act on the CAJ and the subjective appeals provided in article 13 of this law. The General Assembly of the CAJ is responsible for the objective appeals and The Chamber of this Court is responsible for the subjective appeals. What characterizes the CAJ is that it is primarily the judge of the first and the last instance. In terms of final decisions of the specialized courts, it acts as a court of cassation. It is the judge of the common administrative law cases as in the Iranian system; then there are no administrative courts or administrative courts of appeal
Kapsali, Vassiliki. « Les droits des administrés dans la procédure administrative non contentieuse : étude comparée des droits français et grec ». Electronic Thesis or Diss., Paris 2, 2012. http://www.theses.fr/2012PA020003.
Texte intégralReflection of the individuals’ relation to state power, law in the field of administrative procedures has significantly evolved during the last four decades in France and in Greece.This evolution, associated in both countries with political and normative projects aspiring to administrative reform, has largely alimented doctrinal debate on the establishment of an“administrative democracy”. However, the evolution of rules governing in particular individual decision making is also a response to a classic and fundamental legal problem, namely the protection of individuals against unilateral administrative intervention in the sphere of their substantive rights and liberties. The legal status of individuals during the elaboration of individual acts deserves therefore to be explored in view of the function accomplished by procedural rights -such as the right to hearing and to reason giving- in administrative procedures of such type. In fact, the contribution of procedural rights in the protection of substantive rights concerned by the individual decision making process turns out to be crucial for the treatment of procedural rights under French and Greek administrative law. More specifically, the quality of procedural rights as instruments of individual protection allows to coherently understand the evolution of their sources and scope as well as various aspects of judicial handling of their eventual violation by administrative bodies
Kapsali, Vassiliki. « Les droits des administrés dans la procédure administrative non contentieuse : étude comparée des droits français et grec ». Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020003.
Texte intégralReflection of the individuals’ relation to state power, law in the field of administrative procedures has significantly evolved during the last four decades in France and in Greece.This evolution, associated in both countries with political and normative projects aspiring to administrative reform, has largely alimented doctrinal debate on the establishment of an“administrative democracy”. However, the evolution of rules governing in particular individual decision making is also a response to a classic and fundamental legal problem, namely the protection of individuals against unilateral administrative intervention in the sphere of their substantive rights and liberties. The legal status of individuals during the elaboration of individual acts deserves therefore to be explored in view of the function accomplished by procedural rights -such as the right to hearing and to reason giving- in administrative procedures of such type. In fact, the contribution of procedural rights in the protection of substantive rights concerned by the individual decision making process turns out to be crucial for the treatment of procedural rights under French and Greek administrative law. More specifically, the quality of procedural rights as instruments of individual protection allows to coherently understand the evolution of their sources and scope as well as various aspects of judicial handling of their eventual violation by administrative bodies