Tesi sul tema "Administration publique – Droit – France"
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Fressoz, Pierre. "Décentralisation et droit de la fonction publique". Paris 1, 1996. http://www.theses.fr/1996PA010312.
Testo completoThe intersection of decentralization and public office concepts mainly concerns the local public office (though, decentralization also affects the state public office). Four paradigms measure the consequences of decentralization on the local public office: are the state and the local civil servant's statutes on all fours? Is the local civil servant's statute united or not? Is it subdued to public law or not? Does it shelter the local civil servants or not? The local civil servant's history shows that their statute has progressively gone public, united, protective and equal to the state civil servant's statute. The law no 84-53 of Jan. 26, 1984, consecrates this evolution in order to improve decentralization; but this law did not satisfy the local-government authorities. Therefore, the two main reforms (laws of Jul. 13, 1987, and Dec. 27, 1994) of the law of Jan. 26, 1984, have increased the local "autonomy", to the detriment of the unity and parity of state and local civil servant's statutes. And finally, these two reforms have not improved decentralization
Vayrou, Caroline. "Management public et droit administratif : essai sur la juridicité des concepts managériaux". Paris 2, 2000. http://www.theses.fr/2000PA020113.
Testo completoMoulin, Paul. "Le principe de mutabilité en droit administratif". Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2023. http://www.theses.fr/2023ASSA0076.
Testo completoThe principle of mutability was identified by Louis Rolland in the 1930s a one of three key laws governing public services. Since then, its autonomy has been a subject of debate, particularly regarding its relationship with the law of continuity. lts application has largely been confined to public services and contracts, and both its normative value and naming have faced scrutiny. To overcome these challenges, this thesis offers a comprehensive, normative, and formal perspective on the principle of mutability, which posits that public authorities must have the ability to alter the legal order. lt shows that the adaptability of administrative actions and contracts evolved from sovereignty theory, influencing the structure of state authority in administrative law. Refined by public service theories, the principle of mutability is currently experiencing renewed growth, driven by the resurgence of the traditional state model and its need to adress contemporary economic, social, and environnmental challenges. Consequently, this thesis advocates for better oversight of actions that deviate from established public interest goals and a reassessment of the balance between mutability and legal certainty. This aims to facilitate necessary adjustments by public authorities while effectively safeguarding citizens' rights and investments. Therefore, the principle of mutability stands out as a key principle for future developments in administrative law
Espagno, Delphine. "Essai de refondation de la notion de service public en droit administratif français". Toulouse 1, 1998. http://www.theses.fr/1998TOU10017.
Testo completoThis essay contributes to give new fundaments to public utilities by its sources and the law construction of public utilities. To find again the public utilities origins, one must try to detect its first evidences and the way this idea of public utilities expresses itself. This preliminary leads to study the ways public utilities notion is concretized, as a part of community organization. By this way it is possible to consider public utilities as an object of law construction, which tries to subsume the classic oppositions between individual and collective, state and citizens. So one can see public utilities as something built by law and as something regulated by law. Researching these new fundaments leads to propose a definition: public utilities are utilities which are common to members of a community, social solidarity and the state of law. Public utilities can so appear as an answer to the necessary living together will, as a fundamental choice of social living, a reasonable, democratic and peaceful choice of life
Dufau, Valérie. "Les sujétions exorbitantes du droit commun en droit administratif : l'administration sous la contrainte". Paris 2, 1998. http://www.theses.fr/1998PA020069.
Testo completoFrachon, Hugues. "Ecrire l'histoire du droit administratif". Paris 10, 2013. http://www.theses.fr/2013PA100091.
Testo completoStructured upon the link between administrative law, administrative courts and the administrative matter, the history of administrative law offers more than a mere account of past institutions: it is the embodiment of an ancient administrative law system, that reflects, through it progressive implementation across history, modern administrative law. Yet, careful study of dogmatic texts from 19th century reveals the weakness of this endeavour, which lies in its modern approach, when it comes to describe the science of "administrative matter" characterizing this era. Writing the history of administrative law's science however offers an explanation to the emergence of that modern conception. Based upon the model of Thomas Khun's scientific revolutions, this history sets dogmatic domination of Maurice Hauriou conception on ancient models, along with the rival conceptions of his time. It then depicts an era of normal science where the dominant conception – administrative law is the administration's law applied by judges of administrative courts – lives in the public services criteria. Contestation of this criteria turns into a paradigm crisis, when neither the public services criteria, nor the public authority one, could achieved a link between the definition of administrative law, administration and the jurisdiction of administrative courts. Within those weaknesses in the paradigm, the history of administrative law's science enables one to truly both understand the feeling of crisis felt by contemporary authors and the option offered by technical studies which knowingly ignores the lack of theory surrounding the academic field
Guignard, Didier. "La notion d'uniformité en droit public français /". Paris : Dalloz, 2004. http://catalogue.bnf.fr/ark:/12148/cb39146587b.
Testo completoBurlett, Richard. "La haute fonction publique territoriale". Nice, 1995. http://www.theses.fr/1995NICE0027.
Testo completoPointel, Jean-Baptiste. "Le système administratif des pays nordiques, un modèle pour la France ?" Rouen, 2015. http://www.theses.fr/2015ROUED003.
Testo completoThis study is about the significations of the identity embedded in the contemporary expression of « Nordic Model of Public Admnistration », whose use is recurrent, increasing and convergent in the field of legal discourse. France is fascinated by the « Nordic Lights » seeing there a new Eden. In order to implement these policies considered as exemplary, the Norddic community relies on a suitable state apparatus. However, the Nordic administrative system remains in the blind spot of the analysis of the « Nordic Model ». Noting that a model is a stylized representation of Realitu*y – having a reflexive nature – and that its veridicity relies in the field of legal discourse, we use a discursive analysis based on a pragmatic method. The enquiries on the « Nordic Model of Public administration » will help to understand its uses, the sedimentation of its content, and its plasticity. Specifically, that means that we have to investigate three joint and interwined topics, whose follow this logical path : firstly the doctrinal and political development of the model (uniqueness) secondly its consistency, its structure and its architechture (singularity), thridly its permanence and its upadting, especially including its diffusion and its reception, based oin the French case (continuity)
Sabatté, Gilles. "La notion d'entreprise et le droit public". Toulouse 1, 2010. http://www.theses.fr/2010TOU10073.
Testo completoWithin our contemporary period we are obliged to acknowledge the irresistible infiltration of business notions in positive public law. The analysis will explore the identification of these notions and will then attempt to measure the consequences on the boarders of public law. The first idea of this study draws attention to the homogenisation of the notion of business in positive public law, largely dictated by community law, and founded on criteria from economic activity. The privatisation of this notion is accompanied by the everyday acceptance of public law itself, which has been somewhat tinted by public power and solidarity. There is at present a co-existence between the privatisation of the publicist business notion and a period of publicisation of a general business theory. The collapse of the classical privatist business theory, which embraced notions and ideals from private law, has led authors to turn towards the public law doctrine. Under the influence of various doctrinal currents within public law we can observe a certain revival of the general business ideals and public law. The analysis will attempt to reveal a critical perspective of the encounter between business ideals and public law. The doctrine of public law is working towards the revival of the institutional theory in business and is initiating a promising elaboration of an "ordinal" definition of business
Satawornseelporn, Jait. "Recherche sur l'impartialité administrative en droit thaïlandais et français". Toulouse 1, 2005. http://www.theses.fr/2005TOU10009.
Testo completoThe behavior partial human being exists for a long time in the world. In the past, the man with the service of the king who has a partial behavior, to the king, is dishonest person and fact of the wrong to the good administration of the kingdom. Today, in the democratic era, if the administrative agent acts in a partial way, it is detrimental either for the administration of the State, or for the people. The Administrative Partiality can have individual repercussions and social considerable. It is ordered consequently and promptly to return to his impartial demeanor. By analyzing a French and Thai Semantics, the etymology question of the terms of the concept of administrative impartiality can to be solved. The partial and impartial attitude exists in all society. The experiment Franco-Thai is chosen by this assumption to know design of the Administrative Impartiality. It is necessary to remember by relevant in Thai Legal Research that the Thai Law evolved within two times: the Ancient Siamese Law and the Modern Law that is influenced by Anglo and Franco-German legal ideas. This study cannot ignore this influence. Analysis of the basis of impartiality of the administration, and of evolution of the concept of administrative impartiality requires for better locating the measurement of prevention, in particular the challenge, and of sanction. That is to approve the relations between the requirement of administrative impartiality and abuse of powers, the connection between the partial agent and the disciplinary and criminal sanction, and the possibility of the really prevention administrative impartiality according to the Buddhist doctrines
Nicinski, Sophie. "L'usager du service public industriel et commercial". Paris 1, 2000. http://www.theses.fr/2000PA010252.
Testo completoGuyot, Delmotte Florence. "L' administration et les risques naturels et technologiques". Littoral, 2009. http://www.theses.fr/2009DUNK0244.
Testo completoThe problem posed by the treatment of risk management requires taking into account various issues. The first challenge lies in the support of all actors in defining the acceptable level of risk and the implementation and evaluation of public policy on natural and technological hazards. The second issue concerns the involvement of external partners in the implementation of public policy. The third issue concerns the ability of the administrative organization to manage the public to risks. Therefore, the main interest of this thesis was to highlight the evolution of treatment of risk management. This study found the limits of the system : one administrative territorialization necessary but inadequate, a failure of consistency in prevention, insufficient accountability of various actors, an original scheme, but the fragile. . . The vision proposed by this study is based on the clarification and simplification on the legal framework achieved and efforts still to provide. .
Grand-Deleage, Sophie. "La concertation dans le droit de l'urbanisme". Lyon 3, 1992. http://www.theses.fr/1992LYO33010.
Testo completoOnce closely related ideas like participation removed, concertation connected with rights in town-planning can appear as a specific stage in the elaboration process of certain town-planning decisions allowing in particular collaboration between state and commune, both intrusted in this field with power
Muscat, Hélène. "L'influence du droit européen sur la responsabilité publique en France". Paris 11, 1999. http://www.theses.fr/1999PA111005.
Testo completoEuropean law rules by different ways the field of public authorities liability and becomes a new part of french administrative law. French law is under its influence the subject of changes concerning the traditional rules of public authorities liability. Generally speaking, european law induce jurists to have a new grasp of french liability law. However, this changes are often already existing in french administrative law. There is the nature of the influence of european law on public authorities liability in france. It is not an overturning of french law but it reinforces and amplifies trends which exist there
Paparrigopoulou, Patrina. "Le contrôle du service public de santé en France et en Angleterre". Paris 1, 1990. http://www.theses.fr/1990PA010258.
Testo completoThe speciality of the sanitary sector of the public health services affects the administrative control in two ways, on the one hand by the imposition of a certain type of organisation and on the other hand by its influence on the extent of the control. That two public services being compared although phenomenally different, nevertheless present common rules of organisation and control
Maetz, Olivier. "Les droits fondamentaux des personnes publiques". Strasbourg, 2010. http://www.theses.fr/2010STRA4037.
Testo completoThe lacking connection between fundamentality and dignity has led to a seemingly paradoxical situation where public persons are granted a protection based on rights that were destilled to limit their actions. Indeed, fundamental rights protect a rnargin of autonorny which is not derived fi·orn the dignity of the human being but fTom legal personality. Public persons have thus called upon French jurisdictions as weil as European and Community COUlts ta protect their fundamental rights. The way these cases have been handled reveals an ambivalent conception of public legal personality which shapes the legal status offundamental rights. The specificities of public legal persona lit y find a natural extension in the recognition and protection of fundamental rights
Garidou, Benoît. "Recherche sur la théorie de la propriété publique en droit administratif français". Toulouse 1, 2003. http://www.theses.fr/2003TOU10039.
Testo completoProposing today, after so many renowned authorities a research on Public Property in French administrative Law should not cause much surprise. A long time ruled by a strong finalist trend, public property has recently been the subject of theoretical and practical determining analyses. From now on, the prevailing idea according which public property is now a trust property has become a classic conception. Since the late nineties, property has been public because it is the property of public persons. Behind this outward evidence of such an innovation, there probably lies one of the most important progress in domanial contemporary thought. Therefore, studying the property of public persons must be from now on dealt with the almost care. As a matter of fact what matters today is no longer to doubt as the classics used to do when they wondered wether it appropriate to think about the originality of such property but to sharpen its meaning and its methods of study. As in many great innovation, this new theory must be clarified for fear of inviting in a more or less short run to some misguiding. If there can be found today some symmetry with the theory of private property such apparent parallelism must not have any inference on the heart of the subject. The risk for the future is to see public persons borrow the most antique juridical attire of the paterfamilias. If the question what is public property ? seems to be solved, the question of a public property what for ? which is quite as important will have from now on to hold our attention
Leprêtre, Pascal. "Principe de précaution et droit sanitaire : cas français". Paris 13, 2004. http://www.theses.fr/2004PA131028.
Testo completoIn termes of the french law of 2 february 1995, the precautionary principle is that "according to wether the absence of certainty, considering technical and scientific knowledge of the moment, does not have to delay the effective and proportioned measure adoption, aiming to warn a serious and irreversible damage risk to the environment, to an economically acceptable cost". The thesis has for object to evaluate in the sector of the health, modes of application and the function of the principle of precaution, especially in its reports with the right of the health and more generally with the sanitary democracy. Become judicial principle of constitutional value, it contributes to delimit a new field of the right of the responsibility. The thesis tends to justify that the principal of precaution addresses to the collective and individual mastery of risks. Making this, this new forms responsibility will have to possess a conceived particular regime on the basis of a prejudice and causality risk, and will make place to a new makes justificatory, the social risk acceptability
Cattoir, Didier, e Anne Hochart. "La modernité de la fonction publique territoriale". Lille 2, 1996. http://www.theses.fr/1996LIL20005.
Testo completoCreated by the decentralization, territorial civil service was based on three principles of equal importance unity, parity with the state civil service and the local specificity recognized through the assertion of free administration of local authorities councils principal of constitutional value. Gradually, and through out the changing policies, the local representatives in their quality of territorial authorities responsible for managing their own personnel, denounce the strict rules of the general status presented as limits. In 1987, the low maker gave them satisfaction by deregulating the recruitment of non-permanent members of staff, which, together with job cuts and reduction in working hours will disrupt the system. Faced with this situation, some local representatives prone a change of status, whereas the government wishes to reform it, in agreement with associations of local authorities. It is thus, that general status has its twenty fourth legal modification with the voting of the 27 December 1994 law. By favouring local specificities, the legislator increases the influence of politics in local civil service, corollary of modernisation of territorial administration. The quality of local civil service depends on and effectively protective status. Replacing the status by a form of collective labour agreement would radically endanger the notion of territorial civil service in particular and the civil service in general
Despoix-Larthoma, Jennifer. "L' expérimentation". Paris 2, 2009. http://www.theses.fr/2009PA020054.
Testo completoSpanou, Calliope. "L'administration et les nouveaux mouvements sociaux : consommation, environnement, femmes". Amiens, 1987. http://www.theses.fr/1987AMIE0001.
Testo completoDuring the 60's and the 70's, new social movements appear, independently from the working class movement, and focus on new social issues. The political and administrative system takes cognizance of these issues and create new administrative agencies to take charge of them ; in this process, the role of political parties and unions seems rather limited and the politicization and intermediation are mainly carried out by a social movement or by the administration itself. The administrative agencies created on this occasion are transverse, weak and hybrid and have to overcome the hostility of older agencies. Their survival demands the adoption of special strategies and especially the cooperation with the social movements which form their constituency. This way, the administrative agency and the militants become interdependent, come closer and influence each other: it is then possible to speak of a "militant administration". However, tension and conflict are not excluded from their relationship because of the role confusion and the lack of precise task division between the two partners. These are also some of the basic reasons why corporatism is absent from their relations
Inungu, Tu-Laku Laurent. "La déconcentration, élément-clef de l'efficacité de l'administration moderne". Lille 2, 2003. http://www.theses.fr/2003LIL20010.
Testo completoIn reforms implemented to achieve an effective performance of the public services, imprtant consideration is given to deconcentration. This concept is complexe and has evolved since the Revolution. Beyond both the transfert of attribution from the center to the periphery relative to the principle of subsidiary and the reassignment of institution, within the context of delocalization, to ensure a balanced distribution of the big public services around the country, only the civil servants at the center of these transformations. They examine not only the civil sevants'penal accountability and management but also, they question the openness of their work environnement in the context the policy of mobility. These reforms encompass also the inputs of the information and communication technology in the modernisation of the state field (deconcentrated) services by faciliting close proximity with the consumers, essential condition to improve the relationship between management and the consumers
Guglielmi, Gilles J. "La notion d'administration publique dans la théorie juridique française : De la Révolution à l'arrêt Cadot (1789-1889)". Paris 1, 1990. http://www.theses.fr/1990PA010271.
Testo completoCatteau, Damien. "La LOLF et la modernisation de la gestion publique : la performance, fondement d'un droit public financier rénové". Lille 2, 2005. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D7982%26nu%3D21%26selfsize%3D1.
Testo completoThe Constitutional Bylaw on Budget Acts (LOLF) answers to two complementary aims : the modernisation of the public management and the reinforcement of the role of Parliament on budget matters. The implementation of the LOLF has lead to a deep evolution of the financial public law characterized by the introduction of a new performance-oriented budgeting system, by the modernisation of public management methods and by the adaptation of budgetary and accountability procedures. However, the implementation of the reform lets some questions unresolved. In particular, responsability of the new public managers, reality of the Court of Accounts are as many questions which remain unanswered. The LOLF should therefore evolve following the successes and failures of its application and must be regarded as first step on the way of renovation of the financial public law, prerequisite of the State Reform
Conil, Catherine. "L'acte de puissance publique conditionnel : Contribution à l'étude des conditions d'entrée en vigueur et de retrait des actes unilatéraux de droit public". Paris 2, 2008. http://www.theses.fr/2008PA020001.
Testo completoPédron, Pierre. "La politique pénitentiaire en France : mutations et devenir". Paris 2, 1994. http://www.theses.fr/1994PA020026.
Testo completoFrom the end of the "ancien regime" to the present european standards, the role and the working of the penitentiary institution result from theoretical concepts which in turn, have opposed and supplemented one another before making up a complex network of rules and regulations. Those successive strata can still be found in the current penitentiary policy. The law of the 22 nd of june 1987, concerning the penitentiary office, is enough to illustrate the ambiguities and inner contradiction of the penal institution. While prisons are part and parcel of public safety, they happen to be the last institutionnal device to male up for the gaps and faillures of social organisation. However, they cannot avoid playing an educationnal role. Under the influence of the new emergence of human rights in europa, the french penitentiar y system. Organised to insure that sentences are fitted to each individual, is now experiencing a renewal, far from doctrinal controversy. Beyond the narroview of the "inmate right" concept, the current study aimes at achieving the synt hesis of the whole penitentiary matter, and reveals that a real penitentiary law is emerging. This law protects the essentiel rights of individuals, which in democratic states, create the necessary framework for the exercise of justice. The law of the 22 nd of june 1987 makes it part of the inforcement of sentences and the keeping of order. This law also states that the penitentiary system should help social rehabilitation of offenders. Moreover it is organized to allow for individual sentences
Tifine, Pierre. "L'objectivation de la responsabilité des hôpitaux publics en droit administratif français". Metz, 1997. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/1997/Tifine.Pierre.DMZ9703.pdf.
Testo completoResponsibility has two distincts traits : it is a way to compensate a victim for the harm suffered as well as a way to sanction a behaviour. The objectivation refers to the evolution of the rules in responsibility : nowadays, the importance of damage is emphasized a lot more. Its implementation mainly depends on the field affected. In the field of hospital responsability, the sanction of "social dumping ground", previously given to hospitals had impeded the objectivation to taken its full effect until now. The conception of medical activity can also explain the exclusion of objectivation : the judicial judges considered a doctor to basically be self-employed and irresponsible. Therefore, it could not institute against the hospital. As for administrative judges, they embraced the exclusion of the objectivation by refering to an offense. These extremely rigourous rules were not adjusted to the evolution of hospitals, wich put the sick in the center of all debates. Even if the judges wished to improve the victims condition, they were not willing to generalise the objective responsability. The objectivation remains alteriated by the refering to either a wrong or a risk. Most of the time, the judges have thus managed to save both the distinct traits of the responsability : if repairing the harm is now more important than repressing, the latter aspect has not totally disapeared either. Thus instituting against a hospital for the existence of a special risk comes down to sanction the choice of a method whose risks are superior to the ones inherent in a given type of activity. The structure of responsibility is only endangered when it's the risks inherent in the hospital activity that are sanctioned. In these cases, the harm done is only take into account. Its leads to the transformation of the responsibility into a social guarantee of the risks
Ngome, Ayong Paul. "La prérogative de puissance publique dans la jurisprudence du Conseil d'Etat". Paris 2, 1998. http://www.theses.fr/1998PA020062.
Testo completoDelacour, Eric. "La notion de convention de délégation de service public : essai de définition d'une nouvelle catégorie de contrat administratif". Paris 2, 1997. http://www.theses.fr/1997PA020017.
Testo completoThe notion of convention (or contract) of delegation of public utility has recently appeared in french law. However, the legislator has consecrated this notion but he has not defined it. Nevertheless, a definition of this convention is necessary, in particular so as to delimit the field of enforcement of its legal regime. This notion can be defined in the following manner. It's the contract whereby a public collectivity transfers the exploitation of public utility in favour of her contractual partner. The object of contract is an essential element of the definition of this convention which allows to distinguish it from the others administrative contracts, especially the public procurement. This definition which is based on material criterion (the object of contract) seems the most appropriate because it permits to emphasize the specificity of the convention of delegation of public utility which is not similar with the "traditional" concession of public utility. Indeed, there are several kinds of contracts which belong to the category of conventions of delegation of public utility (concession, affermage, regie interessee. . . ). Therefore the elements of the definition of the delegation of public utility are not necessarily the same to those of the concession of public utility. There is especially the mode of remuneration for administration's contracting party among these different criterions between the delegation and the concession. This criterion is present in the definition of the concession but it is not listed in the definition of the delegation. Thereby, one cannot make a distinction between the delegation of public utility and the public procurement according to this "financial" criterion in opposition to solutions of the jurisprudence and the majority of doctrine about this point. The last-mentioned criterion allows to go into more detail about the category of conventions of delegation of public utility but it is not to fix the limits of this category
Szarlej-Ligner, Marie. "Socio-histoire de l'Inspection du travail : une administration comme une autre ?" Thesis, Nantes, 2017. http://www.theses.fr/2017NANT2009.
Testo completoThis research is interested in the multiple tensions in public action regarding the labour inspectorate (inspection du travail). First of all, the conception of this inspectorate depends on various ministries, the concerns of which focus more or less on questions connected to work, and within which the status of agents and their training in labour law is more or less conducive to ensuring a real control of the respect of labour laws. In the Ministry of Employment more particularly, the historic tensions between social and economic logics increased during the 1970s, when the ministry was assigned the task of developing economic policies related to employment. From then on, the promotion of these policies and the concomitant development of conventional law have led successive ministers and managerial staff at the ministry to re-orientate the mission of the labour inspectorate. But this redefinition clashes with representations inspectors have built up themselves of their mission, in accordance with what they estimate to be the fundamental purpose of the inspectorate. More recently, if the oppositions between field agents and guarantors of the administrative order crystallize around management reforms, the most important issue remains the definition of what the agents’ “real job” is
Lagarde, Pauline. "Le phénomène de contractualisation au sein de la fonction publique : Analyse comparée entre la France et l'Espagne". Thesis, Limoges, 2015. http://www.theses.fr/2015LIMO0114.
Testo completoPublic administrations use contracts more frequently as part of the implementation of public policies at the expense of unilateral acts. This trend is becoming commonplace, the usage of contracts are to satisfy needs, but are considered traditional, such as for recruitment and the management of public officials; this is the "contracting phenomenon". This finding is more evident in Spain than in France where contracts occupy a prominent place in professional relations, authorities are free to decide case by case between recruitment by competition or by contract. To arrive at this observation: this phenomenon is widespread within the French and Spanish public functions, we should return to the double influence of the European Union laws and the labor law. In parallel, the number of non-permanent staff have increased which raises questions about the legal nature of the contract concerned, whether for a fixed or indefinite period; on the rights and obligations of the agent involved and their place against the statutory civil servants; uncertainties in case of non renewal ofcontracts and insecurity caused by these situations. However, it is the success in a national entry examination that determines the entry into public service; this phenomenon is not with holding the right of the public service. There are questions about the existence of a "status" but also, more profoundly, discussions about the essential foundations of public service. Therefore the comparative analysis of the systems used by both countries is to bring out contemporary questioning that upturns the legitimacy of the institution of the public service today
Kim, Taek Su. "Le recours à la force par un agent de la force publique : étude de droit français et coréen-du-sud comparés". Nancy 2, 2003. http://www.theses.fr/2003NAN20004.
Testo completoDouence, Maylis. "Le pouvoir d'organisation du service public". Pau, 2003. http://www.theses.fr/2003PAUU2001.
Testo completoWhat does the power to organise the public service consist in ? Is it actually a power to implement regulations characterised by that very purpose ? The study deals with three main elements. First of all, we will show that the source of this power can be found in the Fifth Republic Constitution (art. 20 and 72, for national and local public services). Then, it can be shown that the administrative authorities which are able to organise public services are the ones which have the power to implement regulations, although the Parliament can also pass laws dedicated to public services. Finally, we will examine the practical methods of implementing regulations to organise public services. On the one hand, it proves that the authorities which organise public services issue normalising unilateral and contractual decisions of impersonal and general scope, that is to say real regulations. On the other hand, it appears that the degree of freedom to implement these regulations is determined by the principles that usually rules public services and also by the laws concerning trade and consumer's protection
Weill, Pierre-Edouard. "Sans toit ni loi ? : le droit au logement opposable : recours à la justice administrative et rationalisation de l'action publique". Electronic Thesis or Diss., Strasbourg, 2013. http://www.theses.fr/2013STRAG040.
Testo completoThis doctoral thesis analyses the genesis and the implementation of the enforceable right to housing (DALO). A multilevel approach of public action reveals the social logic of its transformation. The national inquiry was supplemented with local-case studies in four contrasted departments (Paris, Yvelines, Bas-Rhin, Vosges). It combines both qualitative and quantitative methods. It highlights how the uses of law contribute to a rationalisation process of policy making. It also underlines limitation and unwished side effects.Three main results stemming from this research are emphasized. Firstly, policy making takes into account criticism based upon the subversive uses of law. Secondly, judicial action initiated by the candidates for social housing triggers a move towards a recentralization of policy making in that field,which remains uncompleted. Thirdly, the legal obligation to deliver results with respect to the right to housing has paradoxically legitimised an increasing focus of public action
Bridenne, Isabelle. "La cohérence des politiques publiques : concept, mesure et application à la loi portant réforme des retraites". Nancy 2, 2006. http://www.theses.fr/2006NAN20003.
Testo completoKernéis, Mathilde. "L'autodéfinition de compétences par les collectivités territoriales et la délimitation de territoires de l'action publique : vers un nouvel ordre territorial ?" Rouen, 2012. http://www.theses.fr/2012ROUED001.
Testo completoThis thesis tends to prove the existence of an option for local authorities to self-define a part of their roles and responsabilities while remaining in the paradigm of unitarian state and without affecting the principle of unity of the law. Making it, this autodefinition of roles and responsabilities leads to the demarcation of new territories of local public actions, emancipated from the classic administrative apportionment of communities : associations of local authorities
Desprairies, Armand. "La décision implicite d'acceptation en droit administratif français". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D075.
Testo completoThe Law of 12 November 2013 enshrines the principle that "silence equals consent" in the French administration. Until then, the opposite was the rule: for more than a century, the silence of an administrative unit when solicited has meant dismissal of the request. This revolutionary principle has been presented by the Government as an efficient mean to streamline the relationship between the administration and its constituents and fight administrative inertia. The doctrinal opinion, however, has been quite suspicious about it. The critics focused on its scope, efficiency and relevancy. The determination of when this new principle is applicable fits partially into the critic, as there are numerous exceptions to the rule "silence equals consent". Despite its consecration as Law, the principle of implicit acceptance remains limited to specific matters. Then we should rather regard it as a partial principle, or even embrace the idea of two rival interpretations of the silence of the administration. Finally, the implementation of that principle relies strongly on how proactive the administration is. The legal regime of implicit acceptance is stuck between the general scheme of administrative decision and more specific rules, which makes it partially ill-adapted. The 2013 reform therefore shows mixed results, but the mechanism of implicit acceptance is still a step forward. It is a crucial lever to a wide-range reform of the administrative action
Berrached, Philippe. "L' organisation territoriale de l'Eglise catholique et de l'administration publique en France". Paris 2, 2008. http://www.theses.fr/2008PA020078.
Testo completoFroment, Jean-Charles. "Les mécanismes de régulation et de légitimation du corps des surveillants de prison : aspects juridiques et socio-politiques". Grenoble 2, 1994. http://www.theses.fr/1994GRE21014.
Testo completoThe thesis is based on the duality of legitimation and regulation aspects of the executant corps of the judicial decision of freedom privation. These aspects are at the same time complementary and conflict-provoking and are based on two systemes : a first functional, administrative and judicial regulation system and a second legitimation system which fluctuates between security and re-insertion. The thesis shows, in the period of thirty years, from 1958 to 1988, how a civil servants corps whose identity is over-determined by the special statute of 1958 turns into a neocorporatism way. This statute is hall the more necessary to the constitution of a professional legitimacy so as penal policies conducted during this period had also fluctuated between two poles, one drawn towards law and security, the other one towards prevention and re-insertion. At the end of its demonstration, this work leads onto the hypothesis of a crisis of legitimation models of the state, which tries to face it by conducting modernization policies which are insufficient to regulate legitimacy problems
Diatta, Pierre. "Le droit à l'information des administrés sur l'action municipale". Tours, 2001. http://www.theses.fr/2001TOUR1001.
Testo completoLe, Briero Sébastien. "Les eaux douces domaniales dans le droit français contemporain : contribution sur les rapports entre la protection de l'environnement et la domanialité publique". Phd thesis, Université de la Réunion, 1998. http://tel.archives-ouvertes.fr/tel-00575319.
Testo completoViel, Mariane. "Le droit à une audition préalable dans la procédure administrative non juridictionnelle en France et en Russie". Paris 2, 2003. http://www.theses.fr/2003PA020078.
Testo completoAubin-Nury, Christophe. "Le processus de réduction de la sphère du secteur public dans la réglementation Communautaire". Paris 10, 2008. http://www.theses.fr/2008PA100163.
Testo completoNowadays, the topic of the downsizing process of the public sector is still the object of criticism, as it has not been described extensively. In addition, the notions related to the public spectrum are not strictly stated. This dissertation aims to contribute to the specific research on public administration, focusing on the sector of public undertakings in order to provide a comprehensive and detailed study of the recent downsizing process of this sector: describing the emergence and the redefinition of the concept of the public undertaking sector along with the role of the State and identifying the reorganization of the methodology of public administration, as well as positioning the restructuring process described in its technical and multicontextual perspective. Since the early 1980s, we could observe that the concept of the public undertaking sector has been redefined and the weight of public entities operating in the market economy has been radically reduced. In fact, the State has been refocusing on its regalian functions and concentrating public finance on services of general interest, while promoting public-private partnerships and implementing regulatory reforms toward a new paradigm of public administration. Nowadays, public sector administration with its diversity and contemporary characteristics raises different issues at the start of the twenty first century. It illustrates the role that society assigns to public authority and particularly the evolving expectations of citizens for public services, in the new environment of the European Directives having considerably matured and the inexorable march to economic globalization
Pascal, Laurent. "L'incidence du droit communautaire sur le service public français : entre intangibilité et remise en cause, la reconstruction d'une notion". Grenoble 2, 1999. http://www.theses.fr/1999GRE21002.
Testo completoThe influence of the communautary law on the french public utilities shows a evolution of the constitutves elements. This influence indicate that the communautary law makes it possible a reflexion and a questioning on the ancien notion in france. Then, the french public utilities undergoing a redefinition in its constitutives elements. Then, the organic element is protected but rationalized. Its the same thing for the material element whitch is circumbscribe thru the general interest. The latter undergoing a more objective definition thru the concepts ofconsummers and citizen
Cortes, Thomas. "La personnalité morale comme technique de droit public". Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020092.
Testo completoOften presented not only as a fundamental legal concept, but also as a founding notion of modern public law, corporate personality is the result of the collective work of jurists. They are the ones who created it and continue to shape it. While being bound by it, corporate personality also constitutes a tool which provides them with a range of resources from which they can draw. Defined more precisely as a form of individualization of a group, resort to this technique is likely to affect the structure of public law. Through a semantic study of the notion of corporate personality, an analysis of legal discourse contributes to showing how the meaning determined by legal actors is at the origin of both its development and its sterilization. Indeed, the more legal doctrine endeavors to establish its strictly legal sense, the more it will be reduced to nothing or almost nothing. As a concept, it is a point of imputation which does not provide any indication on the legal prerogatives attached to corporate bodies that benefit from this qualification. As for the differences in their legal status, they are attached to the notion of organization. As a rhetorical device however, corporate personality aims at ensuring the success of an argument which it contributed to shaping. This metaphor would thus assume a heuristic function in the construction of corporation law as well as a hermeneutical function in the definition of their prerogatives. Ultimately, corporate personality is a device of legal discourse that contributes to the inclusion within a single rationality system of the different phenomena which it covers
Babouin, Jean-François. "Le domaine foncier des communes de 1789 au début de la Troisième République : de la communauté rurale à la collectivité publique". Orléans, 2004. http://www.theses.fr/2004ORLE0007.
Testo completoCristea, Simona. "Problèmes juridiques de la fonction publique roumaine : étude comparée avec la France". Paris 1, 2003. http://www.theses.fr/2003PA010270.
Testo completoWeill, Pierre-Edouard. "Sans toit ni loi ? : le droit au logement opposable : recours à la justice administrative et rationalisation de l'action publique". Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-00923854.
Testo completoDelaunay, Bénédicte. "L'amélioration des rapports entre l'administration et les administrés : contribution à l'étude des réformes administratives entreprises depuis 1945". Poitiers, 1990. http://www.theses.fr/1990POIT3003.
Testo completoSince second world war, and especially after the 70's, the authorities in France have undertakennumerous reforms aimed at improving the relations between the government and the citizen. Some measures are aimed at improving the way the government exercices its prerogatives, in particular the way it avails itself of the unilateral power of decision, by the introduction of a certain degree of administrative power-sharing with independent administrative authorities and the citizen, or less ambitiously, by a reinforcement of the protection of the latter. Other measures simply seek to inform the citizen of the government's action. Lastly, some reforms tend to improve the settling of administrative litigations, either by the development of non-jurisdictional procedures or by increasing the efficiency of jurisdictional appeals. But these developments only have a limited effect upon the transformation of the administrative system and more especially upon the unequal relations between the government and the citizen, i. E. Upon, onthe one hand, the rights and guarantees granted to the latter, and, on the hand, upon the prerogatives that the former enjoys