Tesi sul tema "Instrumentalisation de la commande publique"
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Marie, Quentin. "Marchés de défense ou de sécurité ˸ entre marchés publics et politiques publiques". Electronic Thesis or Diss., université Paris-Saclay, 2024. http://www.theses.fr/2024UPASH016.
Testo completoAre defence or security contracts (DSC) like public procurement? What is the impact of their strong regalian dimension and the public policies they can help to achieve? Are their nature (Part 1) and their regime (Part 2) above all those of public procurement, or does their ‘public policies' dimension take precedence? To answer these questions, it must be said that for a long time, defence procurement was awarded according to national procedures, most often without any logic of transparency. Since the adoption of Directive 2009/81/EC, defence and security purchases have in principle been subject to EU-wide advertising and competitive tendering requirements. Despite their specific characteristics, these purchases constitute the archetypal public procurement contract. Defence is a sovereign function par excellence, so procurement in this area is particularly ‘public', with very high stakes for sovereignty. In France, defence is a major economic market, particularly in terms of employment, with a clearly positive trade balance. Defence and security procurement also serves national and European defence policy, particularly regarding the objective of developing the European Defence Technological and Industrial Base (EDTIB). They are also affected by all the public policies incorporated into public procurement law, such as sustainable development, innovation and support for SMEs. From this point of view, defence and security purchases are also ‘public policies'. As a result, they are bound to benefit from political developments in public procurement law, developments which constitute one of the most significant changes in this law. DSC are therefore an ideal way of studying the possibilities and limits of using defence procurement in particular, and public procurement in general, to achieve public policy objectives. In so doing, they provide an opportunity to assess the flexibility of public procurement law and, at the same time, the flexibility of the competitive rationale it promotes. Public procurement law has had to take account of the specific political, economic and technical features of defence and security purchases, and to introduce a tailor-made concept of ‘defence or security contract', which, while strengthening the EDTIB, makes it possible to implement a competitive approach tailored to defence, and therefore more effective. This specific concept of ‘defence or security contract' then triggers the application of a regime that gives concrete form to the instrumentalization of these contracts, both at the stage of their award and during their performance. The advertising and competitive tendering requirements are largely dedicated to considering the specific features of the purchases they govern, and in particular the imperatives of security of supply and security of information. The ‘public policies' dimension of DSC is to be found not only in the fundamental principles and concepts, but also in the more detailed rules governing the award and performance of these contracts. In this way, the use of DSC is based on the flexibility of public procurement law, which makes the interaction between ‘public procurement' and ‘public policies' effective. While respecting the free play of competition, this instrumentalization allows public procurement to fully assume its political dimension. By their very nature and the way they are governed, DSC are an effective combination of public procurement and public policy
Lekkou, Efthymia. "La transparence et la commande publique". Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30101.
Testo completoTransparency, through its multiple applications by the european judge, has become a general principle of european law. Its legal basis resound its purview, imperative and suppletive, its personnal et material scope, as well as its progressive extension and its restriction to the vertical relationships developed between contracting authorities and economic operators. Transparency is attached directly to potential bidders fundamental freedoms whose its provides legal protection. It is attached indirectly to the principle of free competition by the elimination of private barriers to the free movement of economic activities. Thus, in the service of an immediate finality, transparency guarantees access to public procurements and, in the service of a mediate finality, it protects the market structures of public procurement. The general principle of transparency gives then rise to contracts of public order (contrats relevant de la commande publique) which take over public contracts. Instrument of integration and structural element of the internal market, this new generation of contracts materialize access to public order (commande publique), that constitutes a sector of economic activity as part of the internal market
Madani, Mohamed Toufik. "Les enseignants universitaires algériens entre autonomie et instrumentalisation : 1971-1997". Paris 8, 2013. http://octaviana.fr/document/192387383.
Testo completoOur subject matter deals with the Algerian university institution which seems to be too much influenced by ideological aspects, In fact the latter has perpetuated, in spite of the successive reforms of the institution, the same type of working which has been definited by the colonial system. In order to resolve the institutional crisis of the university, it has been instituted a project of its autonomy which has the aim to redefine the organisation of its working and the functions assumed by the latter in society. But the project of autonomy didn’t seem to have reached its goals because of the lack of humans and materials means. This failure has been observed through the same type of working of the institution since the fundamental characteristics of one of the essentials elements of the institution which is the teacher on whom we have made an inquiry has shown that he has reproduced the same schemes of functions
Di, Francesco Dimitri. "La doctrine administrative de la commande publique". Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020024.
Testo completoContrary to the tax doctrine, the administrative doctrine of public contracts, even though its foundation is old, has only recently been an object of study. However, being an essential tool for the administrations, the administrative doctrine demonstrates the unilateral nature of the public action because it is the instrumentum by which the Direction of Legal Affairs of the economic and financial ministries (DAJ) gives an interpretation of this technical law field. An empirical and prospective study of this administrative doctrine should lead to highlighting all these underground sources of public contrats on which all the actors relies
Gondran, de Robert Nathalène. "La commande publique spécifique aux investissements hospitaliers". Paris 11, 2004. http://www.theses.fr/2004PA111024.
Testo completoAkoka, Fanette. "Contrats de la commande publique et environnement". Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0510.
Testo completoThe worrisome environmental situation has led to a diversification in the types of legal actions leading to its protection. Public procurement, endowed with a strong economic power, qualifies as a public policy lever. Public procurement can thus be a medium for environmental protection. Its scope is relativized by the sources of the contracts studied, which prioritize free competition over the environment, and by their implementation. The latter, strongly conditioned by competitive imperatives and by the principles of public procurement, is confronted with extrinsic obstacles to the contract, such as unilateral administrative acts with an environmental focus. Public procurement contracts contribute « de lege lata » to the protection of the environment, by virtue of certain legislative obligations, through the insertion of the environment in conventional contractual mechanisms and by the emergence of new (pre)contractual techniques that are aimed at environmental quality and performance. The systematization of the integration of the environment into public procurement by means of legislative obligations coupled with inducements is leading to comprehensive « de lege ferenda » protection of the environment through public procurement
Gilles, Caroline. "Le Conseil constitutionnel et la commande publique". Electronic Thesis or Diss., Montpellier, 2021. http://www.theses.fr/2021MONTD031.
Testo completoPublic procurement wasn’t well known before the Constitutional Council referred to this term in some decisions of the early 2000’s. The term of “commande publique” was very criticized and seen as not precise enough. The Council surprised the observers by using this term. He saw in it a helpful notion that could assemble various contracts with the same purpose: to provide goods and services to the administration and to some private persons. It includes both private and public contracts and submits them to the same rules. The Constitutional Council not only used this term, but he structured the public procurement law around common rules, usable by principle, and under the constitutional principle of equality in public procurement. This new principle is large enough to include various obligations essential to the public procurement. The decisions show that these contracts are real contracts, which wasn’t certain in french public law. Despite these progresses, many obstacles stop the development of the public procurement in the decisions of the Constitutional Council and prevent the unification of this matter. The law of public procurement is mostly the competence of the regulatory power, which has many consequences such as the impossibility to seize the Constitutional Council. It also prevents the possibility to form a priority preliminary ruling on the issue of constitutionality (QPC). The development of constitutional dispute of public procurement is also limited by the judges in charge of the transmission of the QPC. The law is changing and new possibilities appear, which allows to think that the public procurement should take a bigger part in the constitutional dispute in the future
Marty, Frédéric. "Réglementation et commande publique : Analyses économique et juridique". Habilitation à diriger des recherches, Université de Nice Sophia-Antipolis, 2007. http://tel.archives-ouvertes.fr/tel-00270535.
Testo completoLes premiers travaux de recherche se concentrèrent sur deux domaines d'applications. Le volet regulation a fait l'objet de travaux sur la réglementation des industries de réseaux en cours de libéralisation. Le volet procurement a, quant à lui, été initialement abordé sous l'angle de l'analyse économique des marchés publics. Ces travaux, entamés pour les premiers à l'occasion de la thèse de doctorat et pour les seconds dans le cadre d'un contrat de recherche pour le compte du ministère de la Justice, furent respectivement prolongés par des recherches sur le thème de l'encadrement des aides publiques et sur celui des contrats de partenariats public-privé.
Les directions de recherche actuellement explorées suivent encore ces deux axes mais renforcent les dimensions reliées à l'économie du droit et de la concurrence pour le premier ensemble et s'orientent vers des préoccupations de finances et de comptabilité publique pour le second.
Il s'agit, en effet, pour un premier ensemble de travaux, de s'intéresser aux décisions de la Commission européenne en matière de mise en œuvre des politiques de concurrence, notamment dans le domaine du contrôle des concentrations ou des alliances horizontales entre firmes. Ces travaux conduiront à s'attacher aux critères économiques utilisés par la Commission et aux effets des contrôles de ses décisions par le Tribunal de Première Instance et la Cour de Justice des Communautés européennes. Il conviendra ensuite de confronter les dispositifs institutionnels et les pratiques qui en découlent (via les décisions de la Commission et les arrêts des tribunaux) avec celles en vigueur outre-Atlantique.
Un second ensemble de travaux porte sur les effets de l'encadrement comptable et budgétaire des contrats administratifs, aux premiers rangs desquels les contrats de partenariats public-privé. Il s'agit notamment de s'attacher aux modalités d'enregistrement de ces derniers tant dans les comptes publics au sens de Maastricht (dans le cadre des prescriptions d'Eurostat), dans la comptabilité patrimoniale de la collectivité publique (dans le cadre des exigences de la Loi Organique relative aux Lois de Finances - Lolf), que dans les comptes sociaux du prestataire privé (dans le cadre de l'application des normes IFRS). Il convient de s'interroger sur l'existence de stratégies de dissimulation de la dépense (et de la dette publique) au travers de tels montages. De telles stratégies de comptabilité publique créative (transfert d'engagements financiers de long terme en hors bilan) peuvent induire deux risques. Ils peuvent tout d'abord conduire à des distorsions dans le choix des instruments contractuels de la part de la collectivité publique (lesquelles viseraient plus à satisfaire des règles budgétaires telles le Pacte de Stabilité et de Croissance qu'une optimisation intertemporelle de la dépense publique). Ils contribuent à dégrader de ce fait la transparence des comptes publics. Ainsi, l'analyse du cadre comptable et financier dans lequel s'inscrivent de tels contrats ouvre sur une problématique des risques sous-jacents pour les finances publiques et sur le contrôle des pratiques de comptabilité créative, que celle-ci soit envisagée du côté de la collectivité publique ou de sa contrepartie privée.
Batot, Steeve. "Le financement des contrats de la commande publique". Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA020.
Testo completoThe funding for public procurement contracts is a pertinent question in the practice of contract law. Impecuniosity of public entities is driving a growing interest in public procurement law legislation.This study aims to report and account for the trend of financialisation how it affects public procurement law and, in particular, real estate law concluded by the public sector. Furthermore, this study highlights the flexible nature of the aforementioned legislations, which continuously adapt to the financial needs of the common good. This adaptation is an occurrence which implies certain traits regarding the process of financialisation. Moreover, this study may help to explain choices made by legislators.The phenomenon of economic adaptation is widely confirmed by recent European and national texts proposing reform of public procurement contract law.Nevertheless this report reveals certain inconsistencies in positive law, which is valuable to emphasize in the context of codification of public procurement legislation
Brackman, Daphné. "La simplification du droit de la commande publique". Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30045.
Testo completoThe study of the various causes of the complexity of public procurement law determine the minimum unavoidable level of complexity to keep, the remaining complexity is useless and must therefore be abolished, or at least, modified. More specifically, the causes of the complexity of this law objectively come to the difficult rationalization of the latter. They are quantitative or qualitative. But all this complexity is mainly because subjectively its causes result from the difficult settlement of conflicts of interest by that law. Indeed, first, the objectives of this law are discussed. Then, the society gives different points of view on this law. Finally, we note a diminished effectiveness of the right to a judge in matters of public procurement, which affects the applicants. It is then necessary to analyze the multiple ways and means of simplification of public procurement law in order to find the maximum unavoidable level of simplification. Therefore, the rest of the simplification is unnecessary, infeasible. These ways and means should be used to better rationalize this law according to two approaches, one quantitative and the other qualitative. However, any simplification of public procurement law must be made primarily from a subjective point of view. More specifically, ways and means of this simplification must allow to better resolve conflicts of interest. Indeed, one can clarify the objectives of public procurement law, regulate in a measured way the diverse points of view of society on this law and strengthen the effectiveness of the right to a judge for the applicants
Lasmothey, Kossi Biova Placide. "Analyse environnementaliste du droit de la commande publique". Electronic Thesis or Diss., Université de Lorraine, 2022. https://docnum.univ-lorraine.fr/ulprive/DDOC_T_2022_0282_LASMOTHEY.pdf.
Testo completoThe principle of neutrality of public procurement law is dead, long live the instrumentalization of public procurement law for environmental purposes! Such is the general observation made by our research which offers a full, meticulous and methodical environmentalist analysis of public procurement law. Obviously, by a theoretical-practical analysis, it is observed that in the current state of administrative contractual practice, despite the seductive modernism induced by the insertion of ecological considerations, the obstinate conservatism due to the economic preference of the contracting authorities, still showing a deep reluctance to fully use the environmental potential of public procurement contracts. However, there is no reason to be pessimistic, because the evolution of the legislative framework allows to hope and to breathe new and more effective environmental dynamics into public procurement Law and contractual practice
Camozzi, Armel. "Recherche sur les contrats de la commande publique à objet de développement durable : contribution à l'évolution du droit de la commande publique". Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1031.
Testo completoPublic procurement and contribution to sustainability come, seemingly, from two distinct logics. On one hand, public markets function to meet the needs of public citizens. On the other hand, contribution to sustainability is traditionally dependent on legal, and not contractual, acts. However, public citizens increasingly use public procurement contracts to affect public policy on sustainability.This research identifies this phenomenon and shows that these contracts relating to sustainability are similar to a modification of the function of public procurement. Subsequently, they become instruments of environmental and social action for public citizens. This major change in the function of public buying is reinforced by the communal directives on public markets dated 26th of February 2014 and is recorded in the renewed definition of the domestic market. The success of this evolution necessarily implies a need for it to be accompanied by a legal reform in order for the complete efficiency of this opening up of public procurement to sustainability policies to be reached. Furthermore, this research will show that this regeneration of public procurement goes further than sustainability and reaches more widely into the sphere of other public policies. The whole body of public procurement law is as such affected
Camozzi, Armel. "Recherche sur les contrats de la commande publique à objet de développement durable : contribution à l'évolution du droit de la commande publique". Electronic Thesis or Diss., Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1031.
Testo completoPublic procurement and contribution to sustainability come, seemingly, from two distinct logics. On one hand, public markets function to meet the needs of public citizens. On the other hand, contribution to sustainability is traditionally dependent on legal, and not contractual, acts. However, public citizens increasingly use public procurement contracts to affect public policy on sustainability.This research identifies this phenomenon and shows that these contracts relating to sustainability are similar to a modification of the function of public procurement. Subsequently, they become instruments of environmental and social action for public citizens. This major change in the function of public buying is reinforced by the communal directives on public markets dated 26th of February 2014 and is recorded in the renewed definition of the domestic market. The success of this evolution necessarily implies a need for it to be accompanied by a legal reform in order for the complete efficiency of this opening up of public procurement to sustainability policies to be reached. Furthermore, this research will show that this regeneration of public procurement goes further than sustainability and reaches more widely into the sphere of other public policies. The whole body of public procurement law is as such affected
Gisbrant-Boinon, Cindy. "La sécurité juridique en droit de la commande publique". Thesis, Dijon, 2014. http://www.theses.fr/2014DIJOD004.
Testo completoHammoud-Chobert, Serghinia. "Les partenariats d'innovation en droit de la commande publique". Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0491.
Testo completoPublic procurement is being seen increasingly as an instrument of innovation policy. With this in mind, the new 2014 European Union directives on public procurement introduces a new public procurement contract of « innovation partnership », has tranposed into national law by decree n° 2014-1097 of 26 september 2014, which concerns simplification measures applicable to public procurement contracts. This new market combines the researche and purchase innovative product, service or works and that are unavailable on the market. This present work aims firstly to demonstrate the contractual originality of the innovation partenschip approaching the economic and competitive reality of the market and, on the other hand the illusion of a novelty in the public procurement procedures, insofar as this procedure approximates the existing procedures notably the competitive dialogue and the former markets negotialted with publicity and competitive tendering. Similarly, the innovation partnerschip raises many questions of legal status of intellectual property, the distribution of risk, and so on, and the introduction of a genuine innovation procedure of fluidfication of the procurement of innovative public procurement
Bontron, Marie-Charlotte. "Les fonctions des principes fondamentaux de la commande publique". Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD009/document.
Testo completoThe principles of the Public Commission suffer a legal indistinctness, inasmuch as, aspiring to common purposes by means of identical legal instruments, none of the general objectives that they pursue together cannot be specifically connected to one of them. To mitigate this insufficiency of the substantive law, a new key to the interpretation of principles must be discovered. A detailed analysis of the substantive law reveals that the time constitutes the pivot of a certain legibility of the fonctions of the principles. Structuring Public Commissions Law, this element allows to identify different time pursuing specific objectives, of which the concordance with the principles allows to delimit the characteristic purposes of each.From this temporal application of the principles, it is possible to define their own fonctions, in this sense that each of the rules specific of Public Commissions Law can be connected to one of them. A confrontation of this temporal conceptualisation reveals that of this definition of appropriate functions, ensue positives implications of the Public Commission Law. On one hand, some latent grey areas of this branch of the law are clarified. On the other hand, the office of the judge of pre-contractual and contractual disputes is specified. A singular reading of the fonctions of the principles allows thereby to mitigate partially to the obvious complexity of the Public Commission Law
Perichon, Lukas. "Les entreprises françaises et la commande publique en Afrique". Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLS364.
Testo completoContractual relationships between french-speaking african countries and french companies in the public procurement sector are formed under a complex network of national, regional and international rules breaking away from the historical french legal and administrative model. These relationships are maintained through ill-defined hybrid contracts that draw from public and international contractual laws and practices. They are integrated into legal and financial frameworks balancing profitability, public interests, environmental and social matters
Valette, Benjamin. "Recherche sur l'activité accessoire dans les contrats de commande publique". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1062.
Testo completoOften, ancillary to public order contracts, the beneficiary of such public order contracts develops an ancillary activity thanks to the means made available to them as part of these contracts. The purpose of this research is to analyse the legal questions raised by this practice, the aim of which is first and foremost financial. For certain operators, the aim is to use the contracts granting them a principal activity in order to develop an ancillary activity which will generate additional revenues.This ancillary activity was for a long time an exceptional phenomenon, hence the widespread ignorance by the doctrine which until now had not devoted any specific study to the subject. The research has revealed, on the contrary, that the ancillary activity is in fact frequent and widespread
Eyeghe, Minko Sébastien. "Recherche sur l'amélioration des délais de paiement dans la commande publique". Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0100.
Testo completoThe execution of public expenditure is strictly regulated. While respecting this framework, reforms have been carried out over time in terms of public procurement in order to provide responses to the difficulties that co-contractors of the Administration may sometimes encounter during the execution phase (progressive reduction of the regulatory deadline for payment, right to default interest in the event of delays, legislation on advances and deposits, etc.). However, recent studies seem to highlight the limits of these developments, in particular when the co-contractor is a small or medium-sized company. So much so that this thesis proposes a transformation of the execution of public expenditure in the field of public procurement
Champy, Florent. "Commande publique d'architecture et marche du travail des architectes : la politique architecturale de l'assistance publique des hopitaux de paris". Paris, EHESS, 1995. http://www.theses.fr/1995EHES0068.
Testo completoThis work deals with the evolutions of architectural public policies and their consequences for architects since the beginning of the 70s. The main aspects of the policies that are considered here are the choice of the architect, the allocation of ressources and the sharing of power inside the administration, the negociation of the projects and the part professionnals take in them. These questions are studied from an interactionist point of view. Interviews, direct observation and consultation of records show how the concurrence of other actors (ingeneers and programmists mainly) have jeopardized the part architects take in the work of conception, and therefore their qualification. This work is both a contribution to a better knowledge of a profession that had not been studied in france since the 70s, and a reflexion on the theoretical problem of the articulation between organisation and market
Kalflèche, Grégory. "Des marchés publics à la commande publique : l'évolution du droit des marchés publics". Paris 2, 2004. https://hal.archives-ouvertes.fr/tel-01423737.
Testo completoJasmin, Denise. "La ville, l'administration et l'architecte : commande publique et architecture à Marseille, 1830-1870". Aix-Marseille 1, 1990. http://www.theses.fr/1991AIX10008.
Testo completoBoukeaba, Zahra. "La commande publique en France et au Maroc : instrument stratégique au service des politiques publiques". Electronic Thesis or Diss., université Paris-Saclay, 2024. http://www.theses.fr/2024UPASH006.
Testo completoPublic procurement accounts for a significant share of national GDP (10% of GDP in France and 24% of GDP in Morocco), which makes it unquestionably one of the determinants of the economic activity of a country. Governments quickly understood the link between the implementation of economic and social policies and public procurement. In France and Morocco, public procurement has acquired in recent years, a secondary function distinct from its primary function, which is to satisfy the needs of public authorities. They are no longer seen as an act of purchase. They have become a means to public policy. These will be a privileged and strategic instrument in the service of economic and social policies. This study will provide a better understanding of the relationship between public procurement and public policy. It will be a matter of making recommendations. For this, a reflection to examine the better implementation of public procurement in the socio-economic issues and a more effective contribution of these contracts to the development of a country, will be necessary
Woimant, Antoine. "Les contrats des autorités adjudicatrices privées : réflexion sur les évolutions du droit de la commande publique". Lyon 3, 2007. http://www.theses.fr/2007LYO33050.
Testo completoThe purpose of this study is to emphasise similarities and differences between rules enforceable to private entities and those applying to public entities relating to procurement procedure, particularly rules on advertising and rules dealing with how to put out to competition. Without challenging the private nature of such contracts, however it demonstrates that this formalisation process involves the enforcement of exceptional procedures differing from contract law. Determining the particular procedures applied to these private contracting authorities is at the really heart of the thesis
Wilinski, François. "L’évolution du droit de la commande publique en France et en Italie à l’aune du P.P.P". Thesis, Lille 2, 2015. http://www.theses.fr/2015LIL20004/document.
Testo completoHolistic expression as a means of action by the private sector to further the public sector, the publicprivate partnership could be perceived as revealing the erosion of the notional categories of public procurment contracts. However, the public-private partnership has not called into question the subject unity. In fact, on the contrary, the legal instruments of the PPP strentgthen it. This analysis can be verified in France as well as in Italy and the present study offers to analyse the legal signification of the phenomenon in both countries. The development induced by this notion confirms this trend. The comparative approach enables to understand the whys and wherfores of the development and formspart of the general theory of public contracts
Espressione globalizzata dei mezzi d’azione del settore privato al servizio del settore pubblico, il partenariato pubblico-privato potrebbe essere visto come rivela la dislocazione delle categorie del diritto dei contratti pubblici. Tuttavia, il partenariato pubblico-privato essa non pregiudica sulll'unitàdella disciplina. Invece, gli strumenti giuridici del P.P.P la rafforza. Questa analisi è confermata in Francia e in Italia ed lo studio permette di analizzare l'importanza giuridica del fenomeno in i due paesi. L'approccio comparativo utilizzato permette di capire questa evoluzione e può essere percepitocome un contributo alla teoria giuridica dei contratti pubblici
Couret, Magali. "La production de l'œuvre publique d'art contemporain". Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010256/document.
Testo completoContemporary art transgress, it is a fugitive art, which we remember thanks to our memories, to photographs and protocols owned by institutions, ready to be revived. The contemporary work of art is dematerialized and located in-between many fields of creation. That is why legal experts have troubles understanding it. Nowadays, a sole artist does not make the work of art anymore. Although, it is the result of the work of a team, gathering multiples professionals, who divide the creation of the work of art up in many phases. That phenomenon is called « production of art». Thus, contemporary art is a complex subject for the law, which is still focused on the form and materials constituting the work of art, instead of being focused on the ways it is produced. The artistic production is regulated by customs, which tend progressively to take advantage on the law. In fact, this creates divergent practices and interpretations of the rules. Plus, the law and the customs sometimes tend to overlap, and no one knows which one should be applied. The question we try to answer in this thesis is how is it possible to reduce the gap between the professional practices and the law, in pursuing the goal to bring legal security in the artistic production, and most specifically, in the field of public call for artists
Preud'homme, Laura. "L'articulation des voies de droit dans le contentieux de la commande publique à l'initiative des tiers au contrat". Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010304/document.
Testo completoAs the same time as the gradual formation of a «public procurement law», the litigation on the initiative of thirds to the contract underwent a profound transformation to such a point that the paradigm shift tends to bring to the foreground what it would be possible to call the « litigation of public procurement ». Various legal remedies more or less specialized in the penalty of the behavior of the administration in front of requirements of the public procurement have been established from then on. The pre-contractual interlocutory procedure, the contractual interlocutory procedure and the action challenging the validity of the contract are the archetypes of the litigation of public procurement. The penal judge and the financial judge indirectly also ensure that the advertising and competition rules which fall to the administration are respected. The judge of the abuse of power and the administrative judge following a prefectoral application for judicial review aim at the respect for this aspect of the contractual legality. The multiplicity of legal remedies available to the foreclosed competitor, privileged third, raises questions about h" « very wide choice » or his « embarrassment as such» to make use of. Besides, it emplies to focus on the effective protection of the right to have participated in a consultation process in the respect for the principles of the free access t public procurement, the equal treatment of candidates and the transparency of procurement process. The complexity c the litigation of public procurement on the initiative of thirds to the contract is such that it is impossible to be satisfied with it and leads to destroy to rebuild this litigation landscape
Bridoux, Vincent. "Droit de la commande publique et droit de la concurrence de l'Union européenne : étude sur une dynamique commune". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D073.
Testo completoPublic procurement law and European Union competition law are now two of the main pillars of economic law. Competition law ensures free and undistorted competition in the internal market by protecting it from obstacles from both private and public entities. Public procurement law is intended to regulate a market representing 14% of Europe's gross domestic product.These two subjects are autonomous and seem to ignore each other. However, a careful analysis reveals the existence of actual convergences between them. The proper functioning of the market which purpose is to protect competition by merits, liberties and finaly the well-being of the European Union, is a common dynamic in these two areas. By doing so, both materials contribute to conservation of competitive public order. Their many complementarities, such as the defence of a competitive market structure, economic efficiency and the prevention of anticompetitive behaviour, demonstrate this. The specific objectives of competition law are reflected in public procurement law, while competition law protects the objectives of public procurement law. Similarly, despite several potential areas of confrontation related in particular to the control of State aid, the application of the law of anticompetitive practices against public purchasers or concession authorities, public procurement law and competition law seem systematically to agree on the preservation and development of effective competition. The Altmark case law, or the rigour of the criteria for public-public cooperation, testify to the daily proximity between these two subjects and their ability to enrich each other
Creissen, Claire-Lise. "Alès, architecture et urbanisme au XIEe siècle : au travers de la commande publique et des bâtiments d'intérêt public". Aix-Marseille 1, 2003. http://www.theses.fr/2003AIX10008.
Testo completoStathaki, Marianthi. "La rémunération du cocontractant de l'Administration dans les contrats de la commande publique : étude comparée : France, Grèce, Allemagne". Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D007.
Testo completoThe remuneration of the Administration's contractual partner in public procurement contracts is traditionally defined as its most important right. At the same time, it is an essential element of the contract, a condition of its performance, as well as an economic result. However, we are faced with a paradox : although remuneration is defined subjectively, its function requires an objective definition. This thesis questions the content of the above right to remuneration. The distinction between remuneration and counterparty led to a narrow definition, in the sense of a margin profit that the other party seeks to obtain as a result of the performance of the contract. ln this regard, questions are examined around the determination during the award procedure and the evolution of remuneration during the performance of the public procurement contract. Located in the heart of the economy of the contract, remuneration is a vector of the success of the contract itself, insofar as it ensures its durability, apart from the overriding aim of the Administration's contractual partner. This thesis demonstrates that both parties' interests to the contracts of the public commission are not necessarily contradictory. The comparative research between three Member States of the European Union has made it possible to highlight common conceptions of remuneration, due to forced convergence, mainly because of the application of European law. This convergence can lead to the adoption of common solutions with a view to improving the efficiency of public procurement contracts, an objective to which this thesis could contribute
Dhaene, Gwénaël. "Le partenariat public-privé dans les secteurs de la santé : mise en perspective juridique et performance globale". Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010309.
Testo completoThe decision makers in the health sector are faced with increasing challenges and new stakes that they need to address. A wide range of push factors from new techniques and care to a higher demand for quality and accessibility of care as well as dramatic budget cuttings and constraints are driving and often trigger a new approach to health systems. Private sector involvement in public service, whether through for-profit or non-profit stakeholders, complements existing models such as traditional procurement or concessions instruments. These new models aim at innovative collaborations between public and private sectors through restructuring and strengthening health services, underpinned by risk and expertise sharing mechanisms. These PPP bring added value through long-term contracting and often a private financing of infrastructures and equipment. Public managers are in this case empowered to focus on their core public service missions while entrusting their private contractors/partners with a variety of tasks from design to financing, building, operating and maintaining the infrastructures. The overall aim of these new flexible contractual instruments is to help improving the services performance. Raising interest amongst public decision makers as well as other stakeholders, these complex legal arrangements require an assessment of the sustainability of the PPP approach towards health issues. The expected value for money which PPP are supposed to bring in also demands that a thorough evaluation be carried out. Besides, operational recommendations shall be drawn up for the benefit of those public managers looking at making the best of their partnership instruments
Ky, Eric. "L'intégration par la commande publique : la réforme du droit des marchés publics dans l'Union économique et monétaire ouest-africaine". Poitiers, 2004. http://www.theses.fr/2004POIT3005.
Testo completoKoshurnikova-Borchtch, Anna. "L’obligation de mise en concurrence en droit communautaire et ses effets sur le régime de la commande publique en France". Paris 9, 2009. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2009PA090018.
Testo completoThe purpose of this study is to define the place of the obligation to put out to competition, which, according to the European Community public procurement laws must be respected during the procedures of public contracts awarding. Our study demonstrates that the obligation to put out to competition is the functional one and it should be considered as the way to guarantee the respect of the public procurement principles, as well as the efficiency and transparency of public funds. The obligation to put out to competition should not be confused with competition law that is also applicable in the field of public procurement. Generally speaking, the present study emphasizes the fact, according to which the introduction of European Community public procurement laws into the French national public procurement law system has influenced the public contracts legal terms, the categories of the public contracts, the procedures for the award of public contracts, as well as the control operated by courts and independent authorities
Thiéry, Sébastien. "La commande publique contemporaine ou l'échéance de la politique monumentale : l'institution de l'État au miroir des "anti-monuments" installés dans l'espace public en France (1983-2002)". Paris 1, 2003. http://www.theses.fr/2003PA010261.
Testo completoMorales, Gonzales Valérie. "Le sport en débat : démocratie participative et politique sportive municipale : l'exemple des Etats généraux du Sport de Strasbourg". Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAG030/document.
Testo completoIn relation to the renewal of local governance procedure, some participative debates on sport issues have taken place over the past few years. By reducing the gap between citizens and representatives spatially and emotionally, this participative democracy actions has targeted to upgrade a representative democracy that is said to be in crisis. In Strasbourg, while local democracy was increasingly more shown as a new tool for public action, the new municipal council elected in 2008 staged the “Etat Généraux du Sport (EGS)”. Therefore, it started an innovative dynamics of democracy in the sport. Based on a participative observation and a range of interviews, this research work analyses not only the local participative plans aimed at creating a new municipal sport policy but also the characteristics of the actors involved in the consultation processes. It highlights social and political issues and enables to better understand elected members’ strategy in public debates and how they manage the voice of the citizens’ who have an interest in sport issues. Top down democracy – towards elected members – and bottom up democracy– through the acknowledgment of civic expertise – are combined in order to define the participative local setup which gathers several logics
Picard, Patrick. "L'utilisation des contrats globaux de la commande publique par les collectivités territoriales de taille moyenne : le cas de la ville de Lourdes". Thesis, Pau, 2015. http://www.theses.fr/2015PAUU2008/document.
Testo completoComprehensive contracts in public procurement constitute a class of contracts that have been formed gradually since their creation and play a major role, for instance in the action of public entities and local authorities. Partnership agreements became the main element of this family of legal instruments. They superimposed to compose a group that is hardly comprehensible by territorial authorities, which minimise their utilisation and success. Analyses of the case of Lourdes, of projects led by local authorities as well as the use of comprehensive agreements by the government are all examples that highlight the necessity of carrying out a real overview of the situation. After a decade of practicing and observing the use of public-private partnerships, it appears that the necessity of translating the achieved assessment into a real clarification of the different types of public procurements is more important than ever. The adoption of public procurement directives and concession directives in 2004 and the order relating to public procurement setting up in 2015 bring out the pertinence of the subject as well as the importance of proceeding to a major reorganisation of the French public procurement law
Chamming's, Gaële. "Le droit français de la commande publique à l'épreuve du contrat de partenariat : du partage des risques à la Réforme de l'Etat". Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40019.
Testo completoPrivate public partnership has noticeably been introduced in the French public law ofgovernment contract by the Act of 17 June of 2004 relative to Partnership contract. Largelyinspired from the Anglo-Saxon system and approved unanimously by the EuropeanCommission, it is noteworthy that prior to the Act private public partnership techniques wereofficiously already in used through different type of complex contractual settings. Subject toseveral reforms in 2008 and 2009, they were successively praised and criticized. Indeed, PPPhas been decried as affecting the national public procurement law and particularly because itsimplementation has been facilitated by different ambiguous construction regarding its capacityto fulfill public service missions.PPP innovates both by its contractual specificity with regards to the sharing of risk arising duringthe performance of contractual obligations and by its derogatory character due to the rule, whichhas frequently been reaffirmed by the Constitutional Court, that the use of PPP is subject tostrict conditions. The two aforementioned distinguishing features made this new contractualengineering a particular public contract law.Notwithstanding the lack of any legal definition of PPP, this research aims firstly to ascertainhow risk sharing, which is the pillar of this instrument, is the driving force behind thedevelopment of partnership contract. This research also aims to determine how PPP, throughits contractual technicalities, can be a tool in the reform of the State
Chamming's, Gaële. "Le droit français de la commande publique à l'épreuve du contrat de partenariat : du partage des risques à la Réforme de l'Etat". Electronic Thesis or Diss., Bordeaux 4, 2011. http://www.theses.fr/2011BOR40019.
Testo completoPrivate public partnership has noticeably been introduced in the French public law ofgovernment contract by the Act of 17 June of 2004 relative to Partnership contract. Largelyinspired from the Anglo-Saxon system and approved unanimously by the EuropeanCommission, it is noteworthy that prior to the Act private public partnership techniques wereofficiously already in used through different type of complex contractual settings. Subject toseveral reforms in 2008 and 2009, they were successively praised and criticized. Indeed, PPPhas been decried as affecting the national public procurement law and particularly because itsimplementation has been facilitated by different ambiguous construction regarding its capacityto fulfill public service missions.PPP innovates both by its contractual specificity with regards to the sharing of risk arising duringthe performance of contractual obligations and by its derogatory character due to the rule, whichhas frequently been reaffirmed by the Constitutional Court, that the use of PPP is subject tostrict conditions. The two aforementioned distinguishing features made this new contractualengineering a particular public contract law.Notwithstanding the lack of any legal definition of PPP, this research aims firstly to ascertainhow risk sharing, which is the pillar of this instrument, is the driving force behind thedevelopment of partnership contract. This research also aims to determine how PPP, throughits contractual technicalities, can be a tool in the reform of the State
Deffontaines, Géry. "Extension du domaine de la finance ? : partenariats public privé (PPP) et "financiarisation" de la commande publique : une proposition d'analyse par la sociologie économique". Phd thesis, Université Paris-Est, 2013. http://tel.archives-ouvertes.fr/tel-01066734.
Testo completoToussaint, Jacques Heinrich. "Le citoyen et la commande : l’art public dans l’espace public en France et Allemagne (1973-2008)". Electronic Thesis or Diss., Paris 8, 2021. http://www.theses.fr/2021PA080123.
Testo completoThis thesis examines the commissioning of public art in public spaces between 1973 and 2008 in metropolitan France and Germany. Without losing sight of the artworks in all their diversity, our aim is to examine the institutional policies of these two democratic regimes, in particular the commande publique in France and, on the other side of the Rhine, the municipal programmes of Kunst im öffentlichen Raum of the city-states of Bremen and Hamburg. The dynamics we analyse respond to very different political and cultural contexts, but they are deployed in relation to a common (though sometimes vague) idea: the democratisation of access to culture. The public and the publics are taken into account, a concern which leads us to question the varying importance given to citizens, relatively to historical and political contexts. We especially address their role in the decision-making processes, in the issues related to mediation, and in the inclusion of participative or collaborative works.Consequently, we conduct a careful comparison of both national perspectives, using their inception as an historical starting point, and drawing from a large body of critical and theoretical literature, institutional archives, and interviews. Such a synthesis, supported and illustrated by informed commentaries of various artistic achievements, allows us to pinpoint crucial and subtle differences and similarities. Finally, we take on a transnational outlook to outline a typology of the involvement of citizens in the commissioning of public art in public spaces
Joulain, Elise. "Le contrat de partenariat : instrument de modernisation du droit des contrats de la commande publique ? Essai appliqué aux secteurs des infrastructures routières et ferroviaires". Thesis, Paris 9, 2013. http://www.theses.fr/2013PA090034.
Testo completoPublic private partnerships allows public and local authorities to entrust an conomic operator both with regard to the financing structures and equipment that their design, construction, operation or management of public services, failing to be owners and by paying the operator of milestone payments to be made during the term of the contract. Is this major analysis of this contractual structuring, particularly applied to rail and road sectors to conclude for the beginning of a modernization of law more precisely the contract for public purchasing ? This does not seem likely. In fact, depending on this aspect, it appears that public private partnerships, despite many hopes, has some difficulty in imposing like the cornerstone of the modernization of the law contract for public procurement. This revival has examined three fundamental aspects like procurement, financing and execution. This essay determined that if the public private partnership did not create a revolution, it nevertheless laid the foundation for modernization now underway, both in terms of funding and execution
Doustaly, Cécile. "Le soutien public à l'art en Angleterre du XIXe siècle à la fin des années 1960 : de la démocratisation de la culture à la démocratie culturelle?" Paris 3, 2007. http://www.theses.fr/2007PA030151.
Testo completoThe aim of this thesis is to trace the evolution of the discourse and the objectives for public support in the arts and to analyse the role played by other actors such as artists, trades unions, voluntary associations, think-tanks, the local and national press and the public. The artistic fields under study are the visual and the live arts which came to be funded after 1945 by the Arts Council. The source of this intervention is studied to understand the British model which administers the arts at arm’s length. This phd shows that the origins of today’s instrumentalisation in the arts to answer other policy objectives are more wide-ranging and older than is generally assumed by academic studies which overlook the fact that the evolution was not continuous. In 1945 the Arts Council was created to carry out government’s policy at arm’s length. Democratisation of the arts wasn’t necessarily a way to offer the right to culture, it was a means to an end : education, social cohesion or control were the targets of governmental intervention. The impact of this on the type of culture that was being subsidized deserves analysis, as well as the the ideal of cultural democracy based on an inclusion of popular and amateurs arts. Most of the democratisation agenda concentrated on support for the regions. Policies, depending on the period, prioritized the artists, the public or the arts. If Jennie Lee’s new Ministry for the Arts in 1965 was a golden age in the field, expectations for cultural democracy were not satisfied. The consequences of structural reform on the autonomy of the Arts Council appears in the gradual increase of instrumentalisation and politicization
Ntsonde, Joël. "Entre utopie et action collective, comment accompagner la transition des territoires vers l'économie circulaire ? : Le cas de la commande publique dans le secteur de la construction". Thesis, Université Paris sciences et lettres, 2020. http://www.theses.fr/2020UPSLM035.
Testo completoCircular economy is meeting with growing success in society and appears to be a major lever that can be put to the service of the ecological transition. But paradoxically enough, the current craze around this new model seems more linked to its utopian dimension than to its scientific solidity. This observation raises several questions such as: why are so many actors attracted by a concept that is still unclear? What can management science teach us about this phenomenon? How can circular economy help foster an ecological transition? Until now, academic literature has paid little attention to the utopian dimension of circular economy and its impact in terms of collective action. In order to study this phenomenon, the thesis focuses on the cognitive, organizational and inter-organizational mechanisms that underlie the transition of a territory to circular economy. Using the case of public procurement in the construction sector, we then question the transition studies (Markard et al., 2012) to propose a transition model conceptualizing the mechanisms that can enable economic, social and political actors to support the transition of their local area to circular economy. This model starts from the processes that lead entrepreneurs to design innovations, and then conceptualizes the mechanisms that lead public and private organizations to cooperate with these entrepreneurs, before explaining the mechanisms from which this dynamic of collective action can materialize the transition of a territory
Boussedra, Aziza. "La réforme du droit de la commande publique et les petites et moyennes entreprises du bâtiment et travaux publics au Maroc : nouveau Code des marchés publics du 30 décembre 1998". Perpignan, 2004. http://www.theses.fr/2004PERP0667.
Testo completoPrevel-Montagne, Corinne. "La représentation des grands hommes dans la sculpture publique commémorative en Bretagne : 1685-1945 : les pratiques, les sculptures et les oeuvres". Rennes 2, 2003. http://www.theses.fr/2003REN20009.
Testo completoThe @public statutory represents a large artistic patrimony forsaken for a long time by history of art. In Brittany, on hundred and nineteen monuments have been erected to great men between 1685 and 1945. Initiatives from local councils or private commissions succeed to royal orders. They set up more democratic practices in the choice of the sculptors and the financings. In the end of the ninetenth century, the statue-mania, inspired by the egalitarian ideals of the Revolution, follows republican propaganda. In Brittany, its growth is rather slow til the Second Empire and reaches its golden age during the Third Republic in spite of some legitimist and religious oppositions. All sculptors come from Paris Academy of Art and produce conventional works inspired by David d'Angers. But in the early twenties, the emergence of regional culture give a new inspiration to this sculpture
Samb, Seynabou. "Le droit de la commande publique en Afrique noire francophone : contribution à l'étude des mutations du droit des contrats administratifs au Sénégal, au Burkina Faso, en Côte d'Ivoire et au Cameroun". Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0326/document.
Testo completoCaught between the new reality of legal globalization, community integrationrequirements and the political, economic and social constraints of each state, the regulation ofadministrative contracts in French-speaking African countries has changed. The sources of suchregulation have been expanded. Its conceptual and material foundations have changed. A newsystem of public procurement has emerged. Trying to renew principles of transparency, as wellas freedom of acces to public procurement and equality, the new public procurement regulationprovides a body of common rules for public procurement, public service delegation contractsand public-private partnership contracts.First, in order to achieve this, it relies on a new interpretation of the notions on whichAdministrative Contracts Law is based. Second, the new public procurement regulationrepresents a recasting of award procedures, control mechanisms and dispute resolutionmeasures. The emergence of these new regulations follows reforms of Administrative ContractsLaw in the respective countries.The objective of this study is to analyze the actual contribution of provisions flowing from thesereforms, in order to see if they are contributing to ensuring that competitive ideology isincreasingly effective
Hautier, Aurélie. "La mise en concurrence des contrats publics : le cas du secteur ferroviaire". Thesis, Lille 2, 2019. http://www.theses.fr/2019LIL2D010.
Testo completoThe phase of weighing different alternatives in the public procurement process consists, for the rail industry, of examining the scope and use of public procurement contracts as tools in an era of impending privatization. The underlying reasoning behind the French Public Procurement Code is structured around a thematicapproach; the code first draws the broad distinction between public procurement contracts and concessions, and then proceeds to subdivide these into chronological themes corresponding to the different phases of public procurement. One of the initial phases consists of defining the public entity’s needs. During this phase, the contracting entity must, in particular, examine the full range of the solutions at its disposal to meet these needs. It is precisely during this phase of “weighing the alternatives”, in terms of available solutions, that the choice of the appropriate type of contractual arrangement is made. One of the first steps is to verify whether the public entity’s needs can be met internally through strategies such as internal public-sector relations (e.g. in-house provision, related companies, cooperation, joint ventures), as well as whether other entities ofthe group might be able to provide support through procurement synergies (including group purchasing). If this phase shows that turning to external entities is the best option, the choice of the appropriate contract still remains to be made. To make this choice, all of the available contractual arrangements and/or tools must be compared in light of a variety of criteria, which can include the intrinsic and extrinsic characteristics of the contracts themselves, such as the nature of the contract, the risks involved (legal or otherwise), and the impact of privatization
Dietrich, Florian. "Analyse et contrôle de systèmes de dynamiques d'opinions". Electronic Thesis or Diss., Université de Lorraine, 2017. http://www.theses.fr/2017LORR0214.
Testo completoOpinion dynamics systems aroused renewed interest in the Control System Theory and Applied Mathematics communities. This can be explained by the emergence of online social networks and the possibility of exploiting and understanding associated behaviours and data. Opinion dynamic models are special cases of multi-agent systems. These systems have various applications such as controlling the behaviour of a fleet of collaborative robots. A system of opinion dynamics is thus composed of several agents. The state of each agent is then modeled by a real number, which represents the agent's opinion on a certain subject. The mathematical models of opinion dynamics then describe the evolution of agents' opinions over time. Many results have been obtained on the asymptotic behaviour of these systems, notably on convergence towards consensus, when the opinion of all agents of the system tend towards the same value. The less well known transient state also presents interesting phenomena such as the formation of local transient agreements, which are more tricky to define. A study of these phenomena is presented for discrete-time opinion dynamics systems with generic state dependent influence functions. The main contribution proposes a criterion for detecting the formation of these local agreements, as well as a prediction of the duration during which this criterion is verified. The second part of this thesis focuses on opinion dynamics in continuous time in which one of the agents, called leader, has a particular role: the evolution of its opinion is controllable. For systems with time and state-dependent influence functions and under certain conditions, a control law is presented that allows the leader to gather all agents in its neighbourhood in finite time and then steer them to a desired consensus value. In addition, the problem of time optimal control which consists in bringing all agents together in the neighborhood of the leader in minimal time is also examined for the case of only state-dependent influence functions. The Pontryagin Maximum Principle specifies the class of admissible optimal controls with implicit expressions within a general framework. For the particular case where there is no interaction between agents, the time-optimal control law has been obtained in practice for any initial conditions
Takambe, Pédro Koyanté. "Le poids de l'État dans les activités des Grands Ports Maritimes en France et du Port Autonome de Lomé au Togo - analyse comparée". Electronic Thesis or Diss., Université Côte d'Azur, 2024. http://www.theses.fr/2024COAZ0023.
Testo completoWith the globalisation of the increasingly competitive maritime freight transport market, commercial seaports have become more and more increasingly economically sensitive areas. While governments have always taken a major interest in their ports, this interest has grown both for governments and for port economic operators such as stevedores, shippers, carriers and shipowners, precisely because of the development of international trade, which favours transport by sea, which is highly adapted to change.The collaboration between the State and these essential actors in the port area, who are generally legal entities under private law, raises questions about the legal framework of the partnership that is best suited to the economic, financial and port activities development stakes of each party. With a view to improving the efficiency of the management and operation of the Major Seaports and the Autonomous Port of Lomé, the french and togolese States have carried out successive reforms and adopted port policies in order to turn these ports into hubs of the global trade of goods. In France, the most important port reform to date is law no. 2008-660 of 4 july 2008 on port reform. In Togo, we can cite decree no. 91-027 of 2nd october 1991 transforming the Autonomous Port of Lomé into a State-owned company, or law no. 2021-034 of 31st december 2021 on public-private partnership contracts.Through these port reforms and policies, France and Togo have aimed to improve the performance, attractiveness and, by extension, the competitiveness of their commercial seaports on a regional and international scale. However, the results achieved have always been insufficient and have never lived up to expectations. Indeed, analysis shows that the level of competitiveness of the Major Seaports and the Autonomous Port of Lomé remains well below expectations. The reports of the french Court of audit, in this case that of 2017 entitled ‘ʻAssessment of the reform of the major seaports : uneven implementation, modest effects, insufficient attractivenessʼʼ is illustrative. The same is true of the historical report of Togo's Court of audit in february 2015 entitled ʻʻFinal observations report on the management control of the Autonomous Port of Lomé (PAL) : financial year 2008, 2009, 2010''.This situation raises questions about the efficiency of the legal, political and strategic arsenal relating to the management and operation of these ports. This thesis therefore sets out to make a legal diagnosis of the underlying causes of the lack of competitiveness of the Major Seaports and the Autonomous Port of Lomé, marked by the very active interventionism of the State in port affairs.Keyword : Seaports ; public companies ; governance ; public domain ; public contracting ; public-private partnership ; environment
Yu, Min. "Art sous contrainte : artistes, peinture et politique en République populaire de Chine (1949-1966)". Paris, EHESS, 2016. http://www.theses.fr/2016EHES0145.
Testo completoFrom the foundation of the People's Republic of China (1949) to the eve of the Cultural Revolution (1966), artists were subjected to a dogma : art must serve the people. This imperative, which was constantly repeated, cause two subjections. For the artists, their status changed radically. To become artistic workers, they were obliged to submit to the ebb and flow of mass movements and political campaigns. For the artistic creation, the mission was to support and celebrate the new regime, and to educate the people. This research attempts to examine how the artistic policy of the Chinese Communist Party, by forcing the artists to be "red" before being "experts", disrupts and put the three kinds of paintings in competition : oil painting, Chinese painting (guohua) and New Year painting (nianhua). At the center of these disruptions, the question of the choice of realism is posed, especially the Soviet socialist realism, which was a unique response to the political expectations. Has this choice prioritized the legibility of painting to the detriment of its pictorial qualities ? Has it engendered specific visual models and codes to illustrate the new policy and the transformation of landscape, the representation of the people, or the celebration of the cult of Mao Zedong ? Or has this instrumentalization of painting met with the resistance or a way of escape, which has preserved some of the autonomy of painters ?