Tesi sul tema "Politique publique – Droit – France"
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Duque, Ayala Corina. "La politique publique d’éducation en France et en Colombie". Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40027/document.
Testo completoThe first part of this thesis is devoted to a synchronic comparison of the history and foundationsof the right to education, as well as the components of the right to education (availability, access, permanence,acceptability, adaptability and quality thereof) and how they have been translated into current nationallegislation. The categories of analysis used therefore have specifically made it possible to carry out a microcomparisonin this area, that is to say, a comparison of the stakeholders in the school system, their functions,powers, duties and guarantees.The second part of this thesis is devoted to an analysis of the nature and scope of the right to education in bothcountries, and how it has been enshrined by judicial, legal and constitutional means, and thanks tosupranational standards.The third part of this thesis is devoted to a comparison of the transformation, in the light of changes occurringin the global arena, of institutions and public policies in each country with respect to education. This hasmade it possible to understand the role of international organizations in creating new universal standards, andhow these standards have been incorporated into domestic legislation. Finally, an analysis of the evaluation ofschool systems based on neoliberal indicators has been undertaken, which has made it possible to compare theorganization and management of education systems of both countries.The findings resulting from the observation of both legal systems have led to highlight the common principlesand foundations that exist in the Western world and that have facilitated the flexible harmonization ofinternational public law on education
Pochat, Hélène. "Les transformations du droit hospitalier contemporain : étude sur les évolutions de la distinction droit public - droit privé". Nantes, 2005. http://www.theses.fr/2005NANT4012.
Testo completoA new model of development and implementation of health-related public decision, resting on the multiplication of agencies and contracts, and favouring the participation of citizens in health-related policies, has progressively emerged. Therefore, haven't the hybridization of the hospital public law, through the adoption of quality and efficiency requirements, the consecration of this new mode of decision-making synonymous with a relinquishment, albeit partial, of the virtue of constraint, as well as the state's giving up of the monopoly of defining general interest, undermined the traditional groundings of the public/private dichotomy? Both the multiplication of agencies and the citizens' empowerment actually contribute to endowing the state with a new legitimacy to define general interest, whereas the development of contracts illustrate an evolution of the traditional implementation of public constraint. Besides, the quality and efficiency requirements have not become new management principles of the hospital public service. Nevertheless, hasn't the evolution of hospital law challenged the reality of the opposition between the public and the private sector as far as its enforcement is concerned. Indeed, taking hospital patients' rights into account has made the relevance of both this jurisdictional dualism and the classical opposition between status and contract obsolete. However, the law has imposed a new mission — fighting social exclusion — and a new duty — setting up a committee of users at the Board of Governors — to the hospital public service. The condition of the hospital public service user has thus become unquestionably crucial
Tabuteau, Didier. "Sécurité sanitaire et droit de la santé". Paris 5, 2007. http://www.theses.fr/2007PA05D010.
Testo completoThe notion of sanitary safety appeared after major crisis in public health in the beggining of 1990. It soon became a public sanitary action methodology and a concept which has irragated most chapters of health laws. The spreading of an unprecedented sanitary risk reduction device was accompanied by making of sanitary policy functions a priority issue together with developping evaluation and precaution, identifying sanitary responsabilities by creating agencies and looking for impartial expertise. The notion has contributed to the recent bursting of health laws, accompanying the development of the health system users rights, favouring prevention devices resurgence, participating to an health policy elaboration procedure setting and questioning about the link between health laws and the right to health insurance
Heard, Mélanie. "Un nouveau paradigme en santé publique : droits individuels et VIH/sida, 25 ans d'action publique en France". Paris, Institut d'études politiques, 2007. http://www.theses.fr/2007IEPP0033.
Testo completoTraditional coercive public health strategies, based on a balancing between individual rights and the collective good threatened by an epidemic, were not mobilized in the French HIV/AIDS policy. Unlike other infectious diseases, the fight against AIDS did not lead to rights restrictions to protect the public welfare. Part of the international AIDS literature considers this characteristic as a pragmatic exception contrasting with the normal course of the fight against infectious diseases, while, for other authors, AIDS has meant a sound « paradigm shift » in public health practice. Both interpretations are discussed with respect to the French HIV policy. The research’s aim is to demonstrate that liberal French policies in front of HIV/AIDS were not simply dictated by liberal values. They were justified by a consequentialist reasoning based on the idea that individual rights and public health are synergistic rather than conflicting, and that limiting rights would consequently be counter-productive, favoring rather than preventing the epidemic. The first two parts of the thesis evaluate respectively the genealogy and the decisional impact of this policy paradigm through an analysis of HIV debates in France. While there is no sound scientific evidence in favor of such a paradigm, we show that it should not either be considered as a speculative result of value preferences. The plausibility of a synergy between individual rights and public health has important empirical and conceptual foundations and implications for public health, which are discussed in the last part of the thesis
Pédron, 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
Fortier, Charles. "L'organisation de la liberté de la recherche en France : étude de droit public". Dijon, 2004. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/c802052b-3e19-4d26-84d8-074eaf9be803.
Testo completoThis study concerns the dialectical relationship that has been instituted in France between the intervention of public authorities in the field of research, and the principle of freedom which is the catalyst of the production of scientific knowledge. For more thant fifty years, the State has, as in many other developed countries, taken the role of a major participant in the realm of research which is considered an essential medium of economic and social transformation. The State's involvement in the sphere of science tends to stimulate and orient research ; it brings forth specific questions in France, because the government's actions can be felt - directly or indirectly - through public institutions, by public researchers, within the framework of public law. Through the ethical supervision of certain scientific activities and through the regulations which determine how the results of research can be exploited, the State also concerns itself with limiting the potential misuses or abuses which are liable to accompany the advance of knowledge. The commitment of public authorities to scientific development has led them to handle the organization of scientific freedom, considered to be a fundamental guarantee of its efficiency. The freedom prevalent in how scientific research is conducted, is expressed as much through the legal status of public researchers as through the rules for running public research institutions (i. E. Universities and research institutes) [summary of the author]
Zittoun, Philippe. "Affrontements, apprentissages et transformations des coalitions de politique publique, les processus de changement de la politique du logement en France (1975-1995)". Grenoble 2, 2000. http://www.theses.fr/2000GRE21041.
Testo completoMoisan, Michel. "Essai sur le droit et l'administration des cours d'eau en France". Paris 1, 1996. http://www.theses.fr/1996PA010303.
Testo completoStreams, rivers and waterways are characterized by specific legal systems : state, non-state, frontier. But there is, to a certain extent, unity in river law and government. This unity is shown in the struggle against pollution, in law device concerning river flow and overall management of water. A specialized administration has been created which results from a government wish for unity but it is constrained by specific competences of certain public or private bodies
Pastor, Dominique. "Les pouvoirs publics français et les rapprochements banque-assurance". Nice, 1994. http://www.theses.fr/1994NICE0005.
Testo completoOver the past two decades, the financial scene has been dramatically affected by increasing interpenetration between the banking and insurance industries, which were traditionally separate. The boundaries are becoming blurred at all levels : with respect to capital, as well as products, distribution methods and financial markets. This mutation could not have occured totally indepently from the state as governing body or entrepreneur : particularly since the most institutionalized forms of rapprochement between banking and insurance have been within the public sector. True, the authorities did not actually seek to bring these two sectors together but, by altering the environment and involving themselves in entrepreneurial fashion, they have encouraged the blurring of these boundaries. Although the state is ever-present, it does not fully control the situation : each intervention (whether direct of indirect) appears as a way to manage constraints. The political system is being overwhelmed by the economic systeme. In compensation for the ebb of the state, the financial sector holds an increasing number of trump cards in the economic game. Could this triumph of financial capitalism be acting as a positive counterbalance to the retreat of the state ?
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
Revillard, Anne. "La cause des femmes dans l’État : une comparaison France-Québec (1965-2007)". Cachan, Ecole normale supérieure, 2007. https://buadistant.univ-angers.fr/login?url=https://www.cairn.info/la-cause-des-femmes-dans-l-etat--9782706125492.htm.
Testo completoThis research analyzes the preconditions and forms of women’s advocacy within the state, based on a comparative study of the activities of governmental bodies in charge of furthering women’s status in France and Quebec since the 1960s. The theoretical framework integrates a comparative and historical sociology of the state with inputs from sociolegal studies, social movements theory and the sociology of gender. The research draws on archives, as well as interviews with the heads and administrations of these governmental bodies. Beyond an analysis of the genesis and institutionalization of women’s advocacy within the state, the main focus is on the way « women’s cause » is defined in this particular institutional setting. In this respect, based on the comparative analysis of women’s policy in France and Quebec, two different definitions of women’s cause (or « referentials ») can be identified, the former focusing on equal employment, and the latter on financial autonomy. These differences, in so far as they relate to distinct attitudes towards family issues, can be linked to differences in the relationships between feminism and familialism in each sociohistorical context. Indeed, comparative analysis shows that the context-specific balance of powers and the various relationships that may unfold between women’s rights advocates and family values advocates, within and without the state (state agencies, social movements, experts), influence the way women’s cause is conceived within the state. First inferred from an analysis of the general directions of women’s policy, this influence is then demonstrated based on a more specific study of the strategies developed by women’s policy agencies in the legal debates regarding the financial consequences of divorce (alimony, compensatory allowance, definition of the matrimonial regimes)
Legoux, Luc. "La crise de l'asile en France à la lumière des statistiques de l'immigration politique". Paris 1, 1995. http://www.theses.fr/1995PA010507.
Testo completoThe political asylum crisis in France started in the mid-1980s with the very significant increase in the number of asylum seekers and rejection rates. Recently, the number of requests has fallen by half from a peak in 1989 but the recognition rates remains quite low. The thesis tries to explain this crisis. In the first part, it studies the definitions given for refugee and the regulatory framework that contributes to the evolution of numbers. The second part analyzes the request for asylum before the closing of borders in 1974. Though recognized as acceptable in their vast majority, the requests of that period did not appear to be based at a greater degree on fears of persecution and the crisis cannot be ascribed to a qualitative change in the demand. The third part studies asylum since the close of immigration. From 1975, the recognition criteria for the status are more restrictive for asylum requests but this evolution has masked the numeric importance of automatic recognitions for refugees from south-east asia arriving through procedures organized by the french state. The increase in number of requests of all origins begins only ten years after the closing of borders and must be placed in the context of increased political disorders in the world. The fourth part analyzes the policies setup for the reduction of asylum seekers and refugees. The thesis shows that contrary to official discourse, the french asylum policy responsible for this decline has in fact modified the effective possibilities of asylum in france
Spanou, 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
Herman, Elisa. "Féminisme, travail social et politique publique : lutter contre les violences conjugales". Paris, EHESS, 2012. http://www.theses.fr/2012EHES0121.
Testo completoThis research focuses on how the public policy against domestic violence has been set up, how it has evolved, and how it is currently implemented. Using a sociohistorical approach, I did an ethnography of some of the feminist non-profit organizations wich provide victims of domestic violence and their children with counseling and accommodation, and I did interviews with professionals of government institutions in order to understand how public action has been dealing with the issue of domestic violence. Framed as intolerable at the end of the second wave feminist movement, domestic violence became a feminist cause wich is now supported by professional and institutional associations. Thanks to the production of a body of scientific knowledge and its practical translation by state feminism, this cause has become legitimate and was put on the poltitical agenda. Analyzing the activist careers of the organizations' founders helps to understand the organizational decisions they made, as well as the reasons why they moved into the social work sector. A new group of professionals came into being, and it was made of three types of activist workers. Their professional training and socialization participate in shaping a feminist professional group, differing from social workers in their practice as well as in their framing of domestic violence. The way laws and judicial practice has evolved, professional controversies and the new public management of public policies, this research seeks to make feminist professional practice visible
Mollier, Annie. "Genèse et élaboration d'une politique publique pour l'accompagnement de la fin de la vie". Grenoble 2, 1995. http://www.theses.fr/1995GRE21018.
Testo completoDelorme, Emmanuel. "Les pauvres et le droit". Dijon, 2000. http://www.theses.fr/2000DIJOD006.
Testo completoSantamaria, Magalie. "Politique nationale de l'asile et enjeux locaux : étude comparative de l'accueil des demandeurs d'asile dans les Bouches-du-Rhône, l'Isère et le Rhône (1999-2005)". Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32073.
Testo completoOur research study relates to the comparison between local policies for asylum seekers during the period 1999-2005 in three French departments -- i. E. Rhone, Isere and Bouches-du-Rhone. Indeed, although the asylum policy is a devolved state policy, departments have jurisdiction in respect of reception of the asylum seekers. Thereby, this thesis analyses how the reception of the asylum seekers -which comes under the State's prerogatives- differs in the defined territories depending on specific and pre-existing local issues. A sustained rise in the influx of new asylum seekers in France, as well as in the rest of Europe, marks the studied period. The main outcome is the saturation of the national reception system and therefore a reconsideration of the right to asylum. To cope with this situation, various solutions initiated by local participants already committed to this particular population have come to light. Later, the French State has taken on this issue in playing a regulation role. In respect of the latter, it requests from its devolved services -the 'DDASS' (Departments of Health and Social Security)- to introduce innovative local plans in accordance with local participants, in particular associations. Local initiated measures appear reasonably heterogeneous from one department to another, resulting in an unequal treatment of the reception of asylum seekers within the national territory. The research of the explanatory factors regarding this heterogeneity shows the importance of the agenda setting process in the establishment of local plans. The latter, which corne under a pre-existing migratory context, the local voluntary sector's history, and traditional actors, influence significantly in every department the solution given to the rise in influxes. FUlihermore, despite the fact that the reception policy remains a national policy, the comparative study underlines some modes of coordination between institutional bodies and volunteers p3liicular to each territory and to their specific challenges
Darracq, Jean-Baptiste. "L'Etat et le jeu : étude de droit français". Lyon 2, 2005. http://theses.univ-lyon2.fr/documents/lyon2/2005/darracq_jb.
Testo completoThe definition of gambling implies the use of subjective criteria straight inspired by the judgement passed by the law on this particular form of speculation. Even if gambling and its exploitation are considered as socially useless, immoral, dangerous and possible source of crime, they are tolerated for public order reasons. So, gambling business is “moralized” by the State which guarantees its regularity and makes it contribute to the financing of public interest activities. Although the ECCJ considers that this system affects the economic freedoms guaranteed by the EC Treaty, the Court accepts it provided that the limitation of gambling supply and the safeguard of consumers are the real aims of the policy of the member States, the community financial interest being only an “incidental beneficent consequence” of that policy. Subjected to an “administrative special police” (police spéciale) system, gambling control (by the State) is carried out by several types of licences which enables the State to organize the gambling market and to set the gambling supply quantity given on the national territory. In that way, the State develops a close collaboration with gambling operators which makes all the specificity of their mission. Although the judge refuses to regard gambling organization as a civil service (service public), that is the only way to justify the possession of exorbitant prerogatives by some of theses private operators. That observation certainly does not change anything to the reality of law, which only depends here on the judge's regard, but it is a small step to see a forming unit of the French concept of civil service in the public morality
Duvignau, Jérôme. "Le droit fondamental au séjour des étrangers". Pau, 2010. http://www.theses.fr/2010PAUU2016.
Testo completoAt first glance, the mention of a fundamental right of residence in favor of foreigners may appear surprising, as it would completely go against both the rigor of national policy on immigration and against the solutions based on current rights that deny the existence of such a right and that subsume the issue of foreigner residency to a logic of national sovereignty. Nevertheless, there are, among a foreigner's fundamental rights, certain rights that can be opposed to the implementation of police measures and that can, moreover, result in a guarantee for a foreigner's residency by simple virtue of the protection of the right in question. In exercising their fundamental rights, foreigners are given the ability to enter the immigration territory or even to remain there, depite the enactment of a deportation measure. The fundamental right to reside, revealded in this manner, is however never entirely autonomous. Instead, it results from a mediation mechanism, given that it only exists through the application of other fundamental rights. It is nonetheless necessary to note that the impact of a foreigner's fundamental rights on their residency will not lead to the full assimilation of the foreigner as a member of the national community. The fundamental rights system for foreigners remais in continual confrontation with the logic of national sovereignty, and this logic is quick to reappear and to constrain the residency of non-nationals. In the end, only a restricted number of foreigners are able to take advantage of the right to reside. And when their residency is legitimate, the foreigners have no guarantee of receiving a valid residency card. In other words, no right to regularize residency is automatically associated with the right to remain in the immigration territory. The logic of the rights most certainly constrains the public powers' freedom of action, although in no way does it make this freedom disappear
Duval, Jean-Marc. "Le droit public du sport". Aix-Marseille 3, 1998. http://www.theses.fr/1998AIX32033.
Testo completoSince the Conseil d'état brought sports regulations into the domain of public law in 1974, this has given rise to a dual phenomenon. On the one hand, the emergence of public material law related to sport, defined as the law of competitive physical and sporting activities and composed of both substantial law and litigation law. The first is mainly drafted by sporting authorities under the delegation of public authorities. Consequently there is real autonomy with regard to the state law concerning the rules that it contains. Nevertheless, this varies according to the degree of + sportiness ; of the content within the conditions defined by state law. Litigation law, taken to mean all the rules relative to the judicial settlement of litigation arising from the organisation of sporting events, appears fundamentally as state law, in spite of a certain number of specificities. If we include the mechanism of compulsory conciliation, its originality becomes much more accentuated. On the other hand, the organisation of sporting events is qualified as a public service. It consists in enacting the rules which institute and govern them, as well as measures to ensure their enforcement. All the decisions are thus submitted to a general system of unilateral administrative acts. In these conditions, the judge has not only to define a principle of sporting legality and qualify the different decisions to determine their juridical regime but also to specify the sanctions to be applied. This has involved the setting up of a real administrative law in the field of sport
Berne, Claire. "Histoire du droit du cinéma français". Paris 1, 2000. http://www.theses.fr/2000PA010588.
Testo completoRhenter, Pauline. "De l'institutionnel au contractuel : psychiatrie publique et politiques de santé mentale en France (1945-2003)". Lyon 2, 2004. http://theses.univ-lyon2.fr/documents/lyon2/2004/rhenter_p.
Testo completoThe Thesis deals with the link of mental health Policies with public psychiatry since 1945. More specifically, it questions about laws which are adopted in order to transform french public psychiatric organization and culture. On that assumption, the study focuses on the dialogue, more or less successfull, between social values, which are integrated into laws and political decisions and a local professional culture. Since 1945, the french psychiatric culture has fed on a demand for a common law and place for patients and nursing staffs. Since 1990, new rules have enforced a new model. One the one hand, this model makes of the relationship between patients and psychiatrists an "unspecified" relationship of service; on the other hand, it advocates a mental health horizontal organization between health and social actors. This new political model, whose key words are "contract", "réseau" and "evaluation", causes resistances and inventions from psychiatric professionals who are determined to maintain their specific values. Moreover, its material and symbolic effects show the characteristics of a law which forgets social and historical dimensions of its object. Lastly, such evolutions emphasize the way how psychiatric knowledge alters because of growing professional identity changes
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 completoNégrier, Emmanuel. "La maîtrise politique des réseaux de communication : le cas des politiques publiques de câblage à Metz, Montpellier et Rennes". Montpellier 1, 1989. http://www.theses.fr/1989MON10035.
Testo completoThe "plan-cable" of 3 november 1982asks several questions to political science. Th problem of political master of communication networks is one of the most important. Public intervention, in this technical field, questions the relevance of ruling analysis methods. Networks policies give a critical point of view facing classical policy analysis. In the same way, networks carrying out questions the relevance of "centre-peripherie" analysis to understand public policies sectoral and territorial regulation. Networks analysis takes thes new forms of regulation and master visible. Networks effect upon "territorialisation" partakes of a dialectic relation. The reciprocal influence of networks ans territories teaches us permanence and mutations of local government figures
Lerique, Florence. "Recherche sur les aspects juridiques de la politique de la ville". Lille 2, 1999. http://www.theses.fr/1999LIL20005.
Testo completoThe consequences of the concentration of population in cities have led public authorities for several decades to give attention to urban issues. France has not escaped successive waves of urban nots. The state's reaction to this phenomenon has been the creation of a new type of policy, called + urban policy. Our aim is to define and evaluate the legal implications of this policy, showing that a policy focusing on cities is the startmg-pomt for a new form of urban law, one with a social focus. The legislation implementing such a policy gives substance to a +law of the city, characterized by the need to aid the most disadvantaged sections of society. Conceptual problems abound: the most important is that, in France, a city is not a legal unit. Responsibility for implementing this new form of urban law is therefore divided between neighborhoods, administrative districts and urban areas. Further, this law is characterized by a form of state intervention which mixes both unilateral and consensual elements. This brings about far-reaching modifications to the structure and aims of the state, as the century comes to an end. One such modification is to encourage the processes of deconcentration and decentralization of administrative organizations
Fiorino, Marie France. "Le régime juridique des réseaux cablés : réflexion sur l'adaptation du droit à l'évolution technologique". Toulouse 1, 2004. http://www.theses.fr/2004TOU10058.
Testo completoThe technological progress has created a market in which companies have participed along with the authorities, which reinforces its technological legitimacy. The main postulate is the following : the innovations due to the increase in the number of offers to citizens, are fit to meet their expectations. This argument has led to the development of political choices concerning cable networks, focusing on the infrastructures owing to the economical and industrial prospects they are supposed to offer. The issues relative to this infrastructure, supposed to fulfill the unsatisfied request has led to the creation, in 1982, of a public service mission under the responsabilty of territorial communities and the "Conseil supérieur de l'audiovisuel", an independent administrative authority, to which the Governement has transfered some of its powers. The legal system has been adapted to the organization of cable networks in the form of public service. However as competitors have occupied the market, the cable networks haven't come forward with specific TV programs. If the initial organisation of cable networks as a public service has rapidlly been recognized as ineffective, and if this explains the further evolution of its legal system in the name of competitive demand, the technical evolution and the political voluntarism seem, nevertheless, to have led to a renewed interest in the public laws. But the TV channels broadcasting is subject to legal regulations which despite their flexibility still remain rather strict due to cultural concerns
Aguilar, Yves. "Les catégories esthétiques de l'Etat : un art de fonctionnaires : le 1 % [pour cent]". Paris 1, 1988. http://www.theses.fr/1988PA010254.
Testo completoThis study deals with the description of the interplay of law and art put in motion by the power which is available to it. After a quick chronological survey, the basis are researched before the exposure of the practical and theoretical forces of the mechanism. Then the analysis of a series of case studies shows that most of the time, art stems from the state. This demonstration is reinforced by the recreation of the careers of artists of the state in constant touch with civil servants of art. This dialectic of the state and art is based upon a legal substratum which is examined through the function one of the limits of which is financial. The eventual outcome is that if "dignitas non moritur", nor does art for it is an integral part of it
Poulain, France. "L'urbanisation du littoral par le camping-caravaning illégal sur parcelles privées : non-respect des lois d'aménagement et tolérance de pratiques illicites". Paris 8, 2003. http://www.theses.fr/2003PA082312.
Testo completoSince the 1970's, the French coastline has become the favourite location for those purchasing a second home. As a result, more than 90. 000 campers use plots of land, be it farmland or otherwise, to temporarily house their lodgings : caravans, mobile home and other light recreational vehicles. As these small lodgings have gradually become more permanent fixtures, the result has contributed to the increasing urbanisation of these areas. The fact that this popular practice of occupying land has developed outside of current regulation means that the environmental cost of the phenomenon has been high. The study allows a real understanding of the impact of land planning and environmental protection on the behaviour of private landowners in areas under particular strain. It also allows a chance to analyse the management style of the public authorities in the face of the continuing crisis in the levels of public interest, highlighted today by this tolerance of an illegal practice
Mora, Frédéric. "La formation professionnelle continue : de l'instabilité de la norme au service d'un objectif permanent". Montpellier 1, 1993. http://www.theses.fr/1993MON10024.
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. .
Hildenbrand, Sophie. "La prescription de l'action publique comme outil de politique criminelle : étude de droit comparé franco-allemand". Electronic Thesis or Diss., Strasbourg, 2023. http://www.theses.fr/2023STRAA010.
Testo completoThe statute of limitations, envisaged as a tool in the service of clemency, was a revolutionary achievement in France and was fully established in Germany at the end of the 19th century. However, the increasing need for repression in the following century led to a massive rejection of the institution. Both the general and special statutes of limitation were used to satisfy criminal policies. The institution remains however essential in our Romano-Germanic law because of the mixed nature of its foundations. On the one hand, according to the German doctrin, it is possible to explain the principle of prescription materially by the diminishing intensity of the unlawfulness of the offence. On the other hand, its duration is determined by its procedural basis, which is the right to a fair trial. On the basis of this dual foundation, a far-reaching reform proposal will be formulated to give the institution its full vigour. Its general regime will be framed and its special regimes moderated
Charlet, Xavier. "Discours d'exclusion sous la Constituante : 1789-1791". Lyon 3, 2002. http://www.theses.fr/2002LYO33003.
Testo completoBas, Jean-Arnaud. "Essai sur l'État et le patrimoine archéologique : l'exemple de la France". Saint-Etienne, 1997. http://www.theses.fr/1997STETT040.
Testo completoIn this study, we have developed how has been realised the constitution of archeological patrimony. The first stage is caracteristed by the simple attention to the archeological objects who denoted the birth of a public preoccupation with often a political mental reserve. The second stage appears at the end of the XIXth century with the decline of the liberal ideology : the simple attention is replaced by a public intervention. We have established that the archeological patrimony is incorporated in the large notion of "historical heritage" until the 27 september 1941's law about archeological excavations. After the Second World War, it continues to be up to the state to protect and to conserve the archeological patrimony. We have showed that, under the Ve republic, the public intervention is reinforced by the consecration of the cultural interest. At this evolution's end, we have developed how the public power intervenes into the archeological patrimony's domain. Through the conservation, we have established that the intervention has two complemental aspects; indeed, the conservation includes the ideas of gestion and protection. Beyond the classical constraints of gestion and protection, some new constaints exist now in connexion with the territory parcelling out and the supranational dimension of the archeological patrimony
Apel, Alexandre. "Les amendes en droit français et en droit européen des pratiques anticoncurrentielles". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D056.
Testo completoThe fines imposed by the French Competition Authority and the European Commission are at the centre of their competition policy. They have not only contributed to making the actions of these two competition police officers known, but also to ensuring that they are now feared by companies. This is evidenced by the manufacturers of health care products and household cleaning supplies sanctioned for 1 billion euros or Google, which was sentenced three times for a total of 8.25 billion euros. While it has become relatively common to insist on the high severity of the fines imposed by these authorities, it is important not to consider this sanction policy from this perspective alone. A review of the latter shows that, in addition to this increased severity, the Authority and the Commission are also strengthening their detection arsenal, thereby increasing the risk of sanctions for companies infringing antitrust rules. Similarly, the fines incurred play a decisive role in the resolution of these cases since they now encourage companies to settle directly with these authorities. This sanction policy is not only intended to be repressive against companies, but also the competition authorities aim to impose dissuasive fines. The objective has been to increase fines until it was no longer attractive for anyone to infringe antitrust rules. While the company's accountability can be justified from a deterrent point of view, this choice is not without its difficulties when it comes to finding the entity responsible for the offence. From this dissuasive perspective, it is also important to relate these fines to the ability of the sanctioned companies to pay, and to analyse their consequences. The current limits on fines imposed by the Authority and the Commission invite them both to make some adjustments with regard to the fines imposed and to rethink and diversify their sanction policy
Montis, Audrey de. "La rénovation de la séance publique du Parlement français : étude sur l'efficacité politique de la réforme constitutionnelle de 2008". Thesis, Rennes 1, 2014. http://www.theses.fr/2014REN1G014.
Testo completoThe public session was considered in 2008 as a legal instrument whose transformation has allowed resolution of the pathologies affecting the Parliament. Indeed, it appeared that the dysfunctions of parliamentary work were numerous and old. MPs and senators regularly tried to remedy this, but until 2008, without success. Thus, it was decided to use the written law to finally force effectively, changes of behavior impeding the quality of the public session.The grantor sought, firstly, the assistance of the commissions legislative to reform the "work" part of the Parliament. A form of complementarity was established between the commissions and the Chamber. In a second step, the grantor has organised the "debate" or "word" part of the Parliament. The elected traditionally likes discussing in an appropriate forum that promotes media coverage. So there is a new "mix", rather original, between these two classic figures of Parliament. A member of parliament or a senator is now interested in expressing himself in committee or in public session to change a law under consideration or to ask to a member of the Government on points of his policy, thanks to the new control tools at its disposal. The "political speech" of the Parliamentary has been restored. However, it is true that his "political speech" was adjusted, even framed. A new articulation emerged between these two aspects of the parliamentary speech following the constitutional reform of 2008. Apparently, it has strengthened one over the other, which paves the way for a revival of Parliament. The Constitutional Law of 23 July 2008 led to the consecration of several legal standards and the emergence of many practices that have both given birth to a new and public session, even several public sessions, because of the differentiated integration of certain rules by both chambers. Ultimately, through a thorough analysis of the legal standards set, it is needed to prove that the public session is an effective but still perfectible way to enhance the Parliament
Gopal-Panon, Tiliben K. "L'effectivité du droit au logement en France à la croisée des chemins des politiques publiques nationale et territoriale". Perpignan, 2010. http://www.theses.fr/2010PERP1032.
Testo completoThe sector of housing, which constitutes in France the cement of cohesion of our society, and which the applicants benefit an opposable right since March 2007, knows a crisis in spite of the implemented public policy. Firstly, this research will show the interest and the importance of the policy of the housing which however is not sufficient considering the crisis, and secondly to have a sustainable answer to the problem, an adjustment and a territorialisation of the public actions is needed
Puel, Christophe. "Vie d'un site industriel et protection de l'environnement". Toulouse 1, 2001. http://www.theses.fr/2001TOU10034.
Testo completoThe life of an industrial site is subject to basic environmental legislation (the Act of 19th july 1976). This law governs classified facilities but is not intented to cover all legal aspects. It is hardly surprising, therefore, to find that a certain nomber of legal and regulatory provisions comply to varying degrees with regulations applying to classified facilities (pollution, damage, refurbishment. . . )
Arzul, Guy. "Le renouveau du droit du domaine public fluvial". Paris : Johanet, 2008. http://catalogue.bnf.fr/ark:/12148/cb41399729t.
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
Godment, Fossey Mélinda. "La fiscalité de l'innovation technologique : création et protection". Paris 2, 2005. http://www.theses.fr/2005PA020053.
Testo completoGilles, Philippe-Louis. "La contribution du régime de Vichy au statut juridique contemporain du cinéma français". Toulouse 1, 2003. http://www.theses.fr/2003TOU10010.
Testo completoThe mode of Vichy is far from constituting a simple bracket on the cinematographic ground. It's under its impulse that are undertaken the rationalization of the administrative organization and professional of the cinema like that of its framing. The mode of Vichy is a precursor as regards administrative centralization, of organization corporatist, professional control, financing of the production and vocational training. This time of the cinematographic life is capital in the institutional history of the French cinema because it's at this period that is born the substantive law : several of the fundamental elements of the contemporary organization find their structuring there
Bouillet, Arnaud. "Les silences de la République : étude de sociologie juridique sur l'Etat". Lyon 3, 2001. http://www.theses.fr/2001LYO33035.
Testo completoLeyte, Guillaume. "Domaine et domanialité publique dans la France médiévale : XIIe-XVe siècles". Paris 2, 1993. http://www.theses.fr/1993PA020060.
Testo completoThe purpose of this thesis is to show the origins of the public domain in medieval france, where the "edit de moulins", of 1566, is generally considered as the first statute declaring the inalienability of the crown lands. In fact, the glossators, much earlier than the 16th century, have established that the public possessions had a particular nature. The french monarchy has also tried to give a special juridic regime to her goods. In the towns too, streets, places, bridges are subject to public usage and utility. The first part of this work tends to analyze the notion of domaniality throughout juridic doctrine, royal legislation and jurisprudence, and town statutes. The second part shows how a specific regime is attached to public possessions, linked to public interest and public utility
Verly, Mathieu. "La régulation jurisprudentielle du système juridique du sport". Artois, 2003. http://www.theses.fr/2003ARTO0301.
Testo completoThe work is based on the analyse of numerous decisions of french judges in matter of sport. The thesis emphasises the function of judges in the essential regulation between french common law and french sport law. Jurisprudence creates an original but genuine legal system, where interfere public administration and private organisations. This legal system is influenced by the french notion of "service public"
Lehmann, Marjorie. "L'accès aux réseaux de distribution publique d'électricité en France métropolitaine". Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA035.
Testo completoThe evolution of the internal electricity market in France is following the wave of liberalization at the instigation of the European Union law. However, the electricity distribution system is maintained under the monopoly of the national historical operators. Even if this situation seems questionable, the current system, under the control of the national regulator, is satisfactory, allows third parties to access to the distribution networks under transparent and non discriminatory conditions and assures tariff equalization essential to the balance between territories. In addition, the management of the electrical network is provided consistently at an appropriate scale allowing mutualisation of infrastructure costs and ensuring the role of local authorities. An opening to competition of the activity would result in a more complex system and would present only a very limited impact in tenns of better pricing. In any case, it would imply an overhaul of the established system
Delivré, Cendrine. "Finances publiques et protection du patrimoine culturel". Lyon 3, 2004. http://www.theses.fr/2004LYO33043.
Testo completoThis thesis intends to study the relations between public finance, understood widely as tax rules and financing, and protection of cultural heritage defined as the group of goods proving cultural interest and revealing social worthy to inheritance purpose. Protection of cultural heritage takes place in the French law by means of numerous juridical instruments, more particularly financial and fiscal ones. The diversification of financial and fiscal instruments related to the protection of cultural heritage has been improving since the end of the old regime. These variegate tools need a well-ordered description. Afterwards, an analysis of the public finance action in favour of the protection of cultural heritage was undertaken in order to elucidate the recent objective-oriented financial and fiscal mechanisms
Lapin, Jim. "La Guadeloupe, la Martinique et la Guyane dans le système audiovisuel français : contribution à une analyse juridique et politique". Toulouse 1, 2007. http://www.theses.fr/2007TOU10019.
Testo completoThe particularisms of Guadeloupe, Martinique and Guyane led to "tailor-made" public policies to structure the audiovisual landscape on their territory. But such adaptations did not permit the blossoming of those cultures and communities, that are part of France, on radio and television. Nevertheless, the legal principle of identity that must prevail to strengthen the link of equality with the continent did not vanish and contributed to a better assimilation, not integration, of the citizens of those "departements". That situation blocked the process of integration and stopped an "ultra-marine" emulation that would have nourished a stronger cultural diversity on television and radio. As a matter of fact, the assimilation process turned into a domination of the "metropolitain" cultural model. The revendications that appeared in the late 1990s for a better representation of ethnico-cultural minorities on television laid the stress on the failure of assimilation policy led so far. Side by side with the french populations from the former colonies, were autochtons from the "DOM" that suffered from that lack of integration, whereas the "DOM" never cut their link with continental France. Following those revendications, public authorities promoted cultural and ethnical diversity on television, to have a better picture of the French society. With that notion of cultural diversity, the integration process of Guadeloupe, Martinique and Guyane to the Republic took an other direction towards a "real equality" the "departemental" status failed to deliver
Nanchi, Alexandre. "Vers un statut des minorités en droit constitutionnel français". Lyon 3, 2003. https://scd-resnum.univ-lyon3.fr/out/theses/2003_out_nanchi_a.pdf.
Testo completoThis thesis provides a study of the possibility of conciliation between French constitutionnal law and the recognition of a status for minorities. A right balance between dealing with citizens' differences, and respecting the fundamentals of french law, can be reached through a new interpretation of the principles of unity and equality. Starting with a definition of the minority, and a study of the notions of territory, normative power, race and the right to differ, the thesis demonstrates how minorities' rights have been integrated into the national legal order. Nationals, members of a minority, can see themselves having a specific territorial link, along with cultural, linguistic and religious caracteristics which distinguish them from the majority group. An official statute could determine the limits of this integration, whilst insuring respect for the structure of the Republic
Tourette, Florence. "Extême pauvreté et droits de l'homme : analyse de l'obligation juridique et des moyens des pouvoirs public français dans la luttre contre l'extrême pauvreté". Clermont-Ferrand 1, 1998. http://www.theses.fr/1998CLF10191.
Testo completoStruggle with extreme poverty doesn't only require for the human heart, but is also at the basis of the human association. So, this fight represents inevitably a challenge for any legal organization. As extreme poverty is a violation of the human rights, it may have to take a position towards the law. Law originates in the obligation for the human group, to organize itself as a society, in order to guarantie the survival and the optimal devellopment of the human beings. Yet, each time the human essence is flouted, the human group's cohesion is threatened. However, at every level of the legal hierarchy human rights' respect is approved. That way, struggle with extreme poverty represents a real legal obligation for french authorities, even if the processes set up to guarantie this right, can appear as relative means. An impressive legislation has been set up in order to comply with this obligation. Nevertheless, this profusion shows the increasing helplessness of the human society. Part of this problem consists in elaborate legislation with the only aim to relieve poverty. Yet, fight efficiently with extreme poverty, implies dynamics of integration able to allow everyone to assume again his responsabilities. However, legal dispositions each seldom the poorest, even if they try to assist them. In fact, this is under no circunstances, a question of fatality, this is rather a lack of an organized an determinated policy, from the french authorities. This shows also, the necessity of think again about the accessibility of the legal rules by the poorest
Bréville, Sébastien. "Autorité indépendante et gouvernement : la régulation bicéphale du marché français des télécommunications". Paris 1, 2006. https://tel.archives-ouvertes.fr/tel-00145735.
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