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Sediri, Iman. "L'intégration des frontières européennes dans le droit de l'Union européenne". Paris 2, 2003. http://www.theses.fr/2003PA020091.
Pełny tekst źródłaDubuis, Amanda. "Les droits du patient en droit de l'Union Européenne". Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1078.
Pełny tekst źródłaPatients and their rights have been increasingly talked about within EU institutions, which may surprise as this subject is so remote from the Communities’ original focus. In the absence of specific legal competence, both fundamental rights and the internal market have been tapped into by EU institutions. There is so much interest in this field that there now exists a real profusion of norms (consisting of both soft and hard law sources) impacting upon the accessibility and intelligibility. Our analysis eventually offers a codification whose ambition is to make patients’ rights as recognised by EU legislation more readable. Moreover, resorting to the theory of fundamental rights enable us to ascertain whether or not recognised prerogatives constitute real individual rights. The interest in patients’ rights contributes to the effectiveness of their protection all over the EU. However, on account of the distribution of competences between the Union and member states, effectiveness actually operates on two levels : the cross-border dimension of healthcare is particularly favourable to the reality of rights inherent to this situation while effectiveness is not so straightforward for those who have no specific links with mobility. In light of this, research has turned towards the question of improving effectiveness whose prospects are more or less fruitful depending on the nature of the obligation which rights give rise to for those they are aimed at. All in all, this analys entails consideration of the existence of a legal status for patients and proposals intended to further reinforce the place of patients and, therefore, the safeguarding of his rights
Prevel, Philippe. "L'orientation sexuelle : Droit de l'Union européenne : Droit européen des droits de l'homme". Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010299.
Pełny tekst źródłaSexual orientation is an autonomous legal concept in European Union law and European Human Rights law. This PhD thesis accounts for the issues raised by sexual orientation in public law and private law. It also provides a synthesis of the concept and a definition that is common to both European Union law and European Human Rights law. This study aims to show that legal issues raised by sexual orientation can be solved by conventional resoning of positive law, without recourse to natural law or queer legal theory. It also provides a negative answer to the question of whether there are conflicts between European Union law and European Human rights law in the matter. In other words, member states of the European Union and the council of Europe are not faced with a dilemma wthen they apply the different rules adopted by both organizations on sexual orientation
Benabou, Valérie-Laure. "Droit d'auteur, droits voisins et droit communautaire". Paris 2, 1996. http://www.theses.fr/1996PA020100.
Pełny tekst źródłaThough copyright is not part, a priori, of the european community competences field, the community law yet takes in consideration the legal protection of creation. This phenomenom is divided into two complementary directions. It has first consisted in a try to conciliate national legislations about copyright and neighbouring rights with the principles of the rome treaty to ease the realization of an internal market. This approach has reveales its inadequacy, which explains why the community has next iniated an harmonization process, trying to organize a european regime for copyright. Only such an evolution is able to assure an appropriate level of protection for creation and authors inside and outside the community. This concern is not yet achieved. The european community, led by the necessity principle, is intervening step by step in this area. But the tangle of the questions always requires new adjustements, becoming particularly imperious at the time of technical revolutions. Copyright in the european community is coming up
Memeti-Kamberi, Lendita. "L'Etat candidat à l'Union européenne". Lille 2, 2008. http://www.theses.fr/2008LIL20021.
Pełny tekst źródłaThe European Union has achieved the cycle of its fifth enlargement with the accession of Bulgaria and Rumania, on January the 1st, 2007. The Europe of Six, which became Europe of Twenty-seven, has new perspectives of enlargement to the current candidate States (A. R. Y. M. , Croatia and Turkey) as well as to the Potential Candidate States (Albania, Boasnia and Herzegovina, Kosovo, montenegro and Serbia). Based on article 49 of the TEU, the last enlargement to ten Eastern and Central European Countries, as well as to Cyprus and Malta, has raised the debate about the evolution of the processes and conditions of accession to the EU. The aim of the study is to analyze the evolution of eligibility and fundamental accession conditions, as well as of the EU and Candidate State relations, trough different enlargements of the European Communities and of the European Union. A particular attention is dedicated to the pre-accession strategy, an innovation of the fifth enlargement, which aim is to obtain the largest alignment of Candidate States to the acquis communautaire, previously to the accession. The aim of the study is to demonstrate that the pre-accession strategy constitutes a reversal of the transition period, traditionally applied after the accesssion becomes effective
Bontemps, Carole. "Principes généraux et droits fondamentaux dans l'Union Européenne". Paris 12, 2001. http://www.theses.fr/2001PA122003.
Pełny tekst źródłaJorda, Julien. "Le pouvoir exécutif de l'Union européenne". Paris 1, 2000. http://www.theses.fr/2000PA010265.
Pełny tekst źródłaGindre, Emmanuelle. "L'émergence d'un droit pénal de l'Union européenne". Paris 1, 2008. http://www.theses.fr/2008PA010332.
Pełny tekst źródłaLabayle, Simon, i Simon Labayle. "Les valeurs de l'Union européenne". Doctoral thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28087.
Pełny tekst źródłaL’Union européenne est, selon l’article 2 TUE, « fondée » sur des « valeurs » précisément identifiées. Le préambule de la Charte des droits fondamentaux dresse un constat similaire dans des termes quasiment identiques. Ces « valeurs » sont donc constitutionnellement indissociables de l’Union. L’affirmation juridique de cette dimension fondatrice est d’autant moins neutre qu’elle est systématiquement revendiquée. Elle renvoie à une recherche d’essentialité laissant supposer que l’Union accorde volontairement une place centrale à ses valeurs, ce que confirme l’analyse des grandes étapes de son histoire. Ce choix s’exprime concrètement dans différentes dispositions issues des traités constitutifs. Les valeurs exercent notamment une influence décisive sur des questions aussi fondamentales que celles de la définition des objectifs de l’Union (article 3 TUE), du prononcé d’éventuelles sanctions à l’encontre d’Etats membres qui menaceraient leur intégrité (article 7 TUE), de l’orientation des relations qu’elle tisse avec son voisinage (article 8 TUE), ou encore des modalités de l’éventuelle adhésion d’un Etat tiers à l’Union européenne (article 49 TUE). Au-delà de la portée symbolique, juridique et politique de ces différents thèmes, les valeurs participent en réalité à déterminer l’identité spécifique de l’Union européenne. Il convient alors de s’interroger quant à la traduction concrète de la dimension fondatrice des valeurs dans le projet d’intégration et, donc, d’éprouver la force des convictions communautaires. L’objet de la recherche vise à déterminer si la revendication d’une Union fondée sur des valeurs résiste à la rigueur de l’analyse scientifique ainsi qu’à la pression des faits. Afin de démontrer la consubstantialité et l’irréversibilité du lien que partagent l’Union européenne et ses valeurs, il est d’abord nécessaire de mettre en relief la vocation structurante et fonctionnelle des valeurs pour l’Union. Il reste ensuite à mesurer à quel point leur portée existentielle dépend de l’enjeu de leur protection, qu’elle soit politique, administrative ou juridictionnelle. Mots-clés : Valeurs, Principes, Identité, Adhésion à l’Union, Elargissements, Droit de retrait, Pluralisme, Adhésion à la CEDH, Crises, Etat de droit, Dialogue des juges.
The European Union is, according to Article 2 TEU, "founded" on "values" precisely identified. The preamble of the Charter of Fundamental Rights draws a similar conclusion in almost identical terms. These "values" are inseparable from the EU under its primary law. The legal affirmation of this fundamental dimension is systematically claimed. It refers to a research of essentiality suggesting that the Union voluntarily gives a central place to its values, which confirms the analysis of the main stages of its history. This choice is expressed in various provisions of the founding Treaties. These values carry a decisive influence on fundamental issues such as the definition of the objectives of the Union (Article 3 TEU), the imposition of any sanctions against Member States that threaten their integrity (Article 7 TEU), the orientation of the relationships it forges with its neighbours (Article 8 TEU), and the terms of the possible accession of a state outside the European Union (Article 49 TEU). Beyond the symbolic, legal and political scope of these themes, the values determine the specific identity of the European Union. Thus, it is appropriate to question the concrete translation of the founding dimension of the values in the integration project and, therefore, to test the strength of community beliefs. The aim of the research is to determine whether a Union based on values can withstand the rigour of scientific analysis as well as the pressure of events. In order to demonstrate the consubstantial nature and the irreversibility of the link shared by the European Union and its beliefs, it is crucial to highlight the structural and functional vocation of the values for the Union. Lastly, their existential scope is yet to be assessed as this will depend from the level of their protection, whether political, administrative or judicial. Keywords: Values, Principles, Identity, Accession to the European Union, Enlargement, Right to withdraw, Pluralism, Accession to the ECHR, Crisis, Rule of law, Judicial dialogue.
The European Union is, according to Article 2 TEU, "founded" on "values" precisely identified. The preamble of the Charter of Fundamental Rights draws a similar conclusion in almost identical terms. These "values" are inseparable from the EU under its primary law. The legal affirmation of this fundamental dimension is systematically claimed. It refers to a research of essentiality suggesting that the Union voluntarily gives a central place to its values, which confirms the analysis of the main stages of its history. This choice is expressed in various provisions of the founding Treaties. These values carry a decisive influence on fundamental issues such as the definition of the objectives of the Union (Article 3 TEU), the imposition of any sanctions against Member States that threaten their integrity (Article 7 TEU), the orientation of the relationships it forges with its neighbours (Article 8 TEU), and the terms of the possible accession of a state outside the European Union (Article 49 TEU). Beyond the symbolic, legal and political scope of these themes, the values determine the specific identity of the European Union. Thus, it is appropriate to question the concrete translation of the founding dimension of the values in the integration project and, therefore, to test the strength of community beliefs. The aim of the research is to determine whether a Union based on values can withstand the rigour of scientific analysis as well as the pressure of events. In order to demonstrate the consubstantial nature and the irreversibility of the link shared by the European Union and its beliefs, it is crucial to highlight the structural and functional vocation of the values for the Union. Lastly, their existential scope is yet to be assessed as this will depend from the level of their protection, whether political, administrative or judicial. Keywords: Values, Principles, Identity, Accession to the European Union, Enlargement, Right to withdraw, Pluralism, Accession to the ECHR, Crisis, Rule of law, Judicial dialogue.
Langlais, Peter. "Sécurité maritime et droit de l'Union européenne". Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020079.
Pełny tekst źródłaAs a new level of regulation, European Union law appears both as the product of and catalyst for territorialisation and regionalisation of the governance of maritime spaces and activities. The human, economicand environmental challenges of maritime safety have made its legal order a privileged scene for the confrontation between the liberal traditions of the maritime sectors and the need for regulation by the public authorities with a view to preventing, limiting and compensating damages of any kind that may result from an accident. The European Court of Justice has thus proposed the terms of an unprecedented reconciliation between the traditional principles governing maritime liability regimes as organised by international law on the one handand the new principles of environmental law on the other hand. As a result of European integration, maritime safety requirements are gradually harmonizing at theregional scale, limiting the legislative competition between EU Member States while acting as flag or port authorities. By coordinating the position of EU States in international forums, the European Union succeeds in orienting international law dealing with maritime safety: it thus contributes to temper external legislativecompetition. Without a positive harmonisation in the field of taxation and social protection of seafarers, the convergence of EU Member States law results from an alignment with international practices. Similarly, whereas the commercial attractiveness of its internal market would allow it, the European legislator has so far made limited use of economic incentives. European integration has also led to the creation of a regional cooperation framework built around a dedicated regulatory Agency, in addition to an organisational and functional rapprochement of the national maritime administrations, resulting in a gradual homogenisation of European administrative practices,particularly in the field of port controls, licensing of recognized organisations acting on behalf of the flag State,mutual recognition of maritime diplomas and certificates, etc. This co-operation gives extended application to European requirements, although their singularity in relation to international law remains strategically limited
Roux, Christophe. "Propriété publique et droit de l'Union européenne". Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30075.
Pełny tekst źródłaInteractions between European Union law and French law can be confusing when it comes to public property. Although it a priori testifies of the neutrality with which the European Union law deals with public property regulations at national scale, article 345 TFUE actually has tangible impacts on them. This thesis first looks to demonstrate the theoretical aspects behind it: given the pre-eminence and systemic influence of competition rules, the reach of article 345 TFUE turns to be almost void. In addition to this arises a conceptual mutation in the notions of property right and public ownership: as it redefines and breaks the link between public appropriation, general interest and the satisfaction of public affectation, the European Union law brings a renewed vision of public property which encompasses all the assets controlled by a public-law person and having a heritage value. To the conceptual neutralization succeeds a substantive inflection of public property. Although its reception under French law is sometimes uncertain or insufficient, the application of competition or State aid rules alters the acquisition, operation and disposal schemes for publicly-owned assets. Since it fosters the fragmentation and privatization of the public property law, it appears that the European Union law is also able to question the privileges of unseizability and the principle according to which a publicly-owned asset cannot be sold at a price lower than its market value. Accelerating the decomposition of public property, its influence remains nonetheless an opportunity as it could lead to a comprehensive re-founding of the French edifice
Blatière, Lauren. "L'applicabilité temporelle du droit de l'Union européenne". Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD064.
Pełny tekst źródłaThe temporal applicability of the European Union lawThe questions relating to the temporal applicability of the European Union law arise as soon as the European Union adopts a new act. It is systematically necessary to determine the instant from which the act products its effects and the facts to which it applies. Furthermore, the principle of uniformity of the European Union law means that these questions must be answered by the European Union law itself. In spite of their importance these questions have been neglected by the European Union legal literature. Yet the case-law of the European Union Court of Justice and the acts adopted by the European Union (primary law, secondary legislation and international agreements) provide a wealth of information. Indeed, the Court of Justice has established principles which constitute the general framework of the temporal applicability of the European Union law. However relevant, this general framework must be completed by transitionnal provisions, a set of written subsidiary rules adopted on a case-by-case basis). These transitional provisions, at first deeply questionable due to being hard to identify and interpret, turn out to be a critical tool for the temporal applicability of the European Union law
Marciali, Sébastien. "La flexibilité du droit de l'Union européenne". Nice, 2002. http://www.theses.fr/2002NICE0048.
Pełny tekst źródłaThe European Union legal system, like every legal system, includes elements of flexibility. Flexibility has nevertheless a specific meaning in the context of European integration : it implies to consider the elements of the European Union Legal System which oppose to the principle of uniformity. The study of European Union law reveals that Community law incorporated from the outset some elements of flexibility. However, flexibility undergoes fundamental changes under the impact of enlargement and of the increasing heterogeneity of the Union, and becomes now an element of reorganisation of the European Union legal and institutional system. Both aspects of flexibility now coexist. Despite some fears about the development and the transformation of flexibility, which affects the European Union as a whole, it should not be forgotten that flexibility is a fundamental mean to manage diversity inside the Union
Nedelcheva, Antoniya. "Le droit au juge dans l'Union européenne". Thesis, Nice, 2015. http://www.theses.fr/2015NICE0001.
Pełny tekst źródłaThe finding that the right to an effective judicial protection for the benefit of natural and legal persons is an element of the rule of law, and thus the Union of law, is the starting point of the study to the effective judicial protection in the European Union. In terms of effectiveness of the judicial protection of rights, which individuals derive from the legal order of the Union, it has been established that this latter is deeply conditioned by the remedies offered to individuals in the national legal systems. The review of judicial protection before the national courts demonstrates that the legal order of the European Union has managed to impose national courts the beginnings of a real procedural law of the Union. Concerning the ability of the European Union courts to ensure the right to an effective judicial protection of individuals, it is permitted to argue that the original limitations to the judicial protection have, in part, been addressed by the entry into force of the Lisbon Treaty, which reduced the judicial deficit through the Union by the extension of the jurisdiction of the courts, the improvement of the accessibility to certain remedies before the courts of the Union and the inclusion of additional safeguards, especially concerning the right to a fair trial. The assumption that the European Union has a complete and effective system of judicial protection of individual rights, which is not always free from criticisms, nevertheless, tends to confirm. This is the ambition of this research, which is organized in a bipartite structure: the judicial protection before the national courts ; the judicial protection before the courts of the European Union
Paricio, Aurélie. "La révision en droit de l'Union européenne". Paris 2, 2009. http://www.theses.fr/2009PA020063.
Pełny tekst źródłaGrozdanovski, Ljupcho. "La présomption en droit de l'Union européenne". Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1047.
Pełny tekst źródłaIt is traditionally held that even though it cannot be qualified as evidence per se, presumption can provisionally produce the effect of evidence, when direct evidence is not available, or even possible, of a fact for which such evidence is required. Considering that the EU does not have a codified law on evidence, the criteria known in national law by virtue of which presumptions are either refutable or irrefutable cannot, prima facie, apply in EU law. This does not mean that the notion of presumption has no place in EU legal vocabulary. The analysis of the case law of the EU Courts, as well as of EU secondary law, allows the discerning of the circumstance in which the legislator, or the judge, use presumptions as techniques that provide good, although temporary, solutions to situations characterized by doubt. The practice in EU law thus confirms a crucial point that has been raised in legal theory on evidence: presumption appears where there is a need to eliminate a doubt, through accepting something to be true until the contrary is established. The need that a doubt be removed can arise a priori (what should be presumed) or a posteriori (what can be presumed), when a search for evidence fails to meet a legal standard. There are, indeed, certain facts that should prima facie be held as true in EU law, such as those given by the presumptions taken over from International law of treaties and of International Organizations, the presumptions of legality and validity, of compliance or compatibility and of equivalence within the meaning of the principle of mutual recognition. The facts that can be presumed in EU law are usually facts for which evidence is required in Competition law, the EU external relations, the restrictions on the freedoms of movement and the interpretation of the Treaties. It can thus be held that there is, in the EU, a law on presumptions, which contains its own criteria related to the division of presumptions, as well as to their evidentiary effects
Rondu, Julie. "L'individu, sujet du droit de l'Union européenne". Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA015.
Pełny tekst źródłaThis dissertation aims at describing the emergence of the individuals as subjects of European Union law, asserting themselves against the Member State. It upholds the idea that European Union law undergoes a “functional subjectivation” process, mostly based on case-law, materialized by the recognition of the individuals’ rights, interests and subjective situation, in order to make them agents of the European integration project realization. This movement, taking on a constitutional dimension, is part of both a protective and instrumental approach of the individual by the European Union, dialectic inherent to the European Union incomplete legal order
Rondu, Julie. "L'individu, sujet du droit de l'Union européenne". Electronic Thesis or Diss., Strasbourg, 2018. http://www.theses.fr/2018STRAA015.
Pełny tekst źródłaThis dissertation aims at describing the emergence of the individuals as subjects of European Union law, asserting themselves against the Member State. It upholds the idea that European Union law undergoes a “functional subjectivation” process, mostly based on case-law, materialized by the recognition of the individuals’ rights, interests and subjective situation, in order to make them agents of the European integration project realization. This movement, taking on a constitutional dimension, is part of both a protective and instrumental approach of the individual by the European Union, dialectic inherent to the European Union incomplete legal order
Bertrand, Brunessen. "Le juge de l'Union européenne, juge administratif". Paris 2, 2010. http://www.theses.fr/2010PA020019.
Pełny tekst źródłaCoelho, Filipa. "Le droit international général, source du droit de l'Union Européenne". Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA004.
Pełny tekst źródłaThe European Union is a subject of international law and its externat relations are conducted within the framework of general international law. As a result, the European Union must comply with it, which necessarily have effects on its own legal order. The effects of general international law on European Union legal order depend, however, on the conditions set by the European Union law itself. lt makes a screening of general international law entering the European Union legal order so that it can become there a source of law. As a formal source of European Union law, general international law is invoked in the Court of Justice. lt is subject to a large interpretation scrutiny and a limited validity scrutiny by the Court of Justice, the justiciability of general international law having, therefore, a specific treatment
Fartunova, Maria. "La preuve dans le droit de l'Union européenne". Paris 2, 2010. http://www.theses.fr/2010PA020096.
Pełny tekst źródłaBaron, Frédéric. "Marché intérieur et droit social dans l'Union européenne". Paris 9, 1998. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=1998PA090030.
Pełny tekst źródłaThe institution of an internal market between the member states of the European Union is the main objective of the european construction. The purpose of this study is to examine the relations between this market and european and national labour law. First, the formation of a european labour law is a condition for the realisation of the internal market. On the one hand, the establishment of the internal market requires to foster the free movement of workers. On the other hand, the achievement of this market requires the equalisation of social conditions. The implementation of sex equality between workers and the harmonization of social legislations will contribute to this egalisation. Secondly, the full development of the internal market may, at times, go against labour law existing in each member state. Indeed, there is a control of national labour law with regard to free movements (goods and services) and to european competition rules (competition law and state aids). In fact, this study aims at showing the compatibility between the realisation of the internal market and the improvements of living and working conditions for european citizens. European labour law is a factor of social progress and the European Court of Justice takes into account the social goals of the treaty of Rome when examining national labour law subjected to market rules
Blanchard, David. "Le processus de constitutionnalisation du système de l'Union européenne". Rennes 1, 2001. http://www.theses.fr/2001REN10406.
Pełny tekst źródłaMagnier, Véronique. "Rapprochement des droits dans l'Union européenne et viabilité d'un droit commun des sociétés". Paris 2, 1997. http://www.theses.fr/1997PA020084.
Pełny tekst źródłaFurther progress towards the european union (eu) would require methods of approximation of laws, particularly to establish a common company law. This is usually achieved through international agreements, which aim at unifying laws. The founding treaties of the eu do not ignore these methods of unification, but also resort to original methods for approximating laws, harmonization and coordination, which should not necessarily lead to unified laws. The approximation of european company laws is supposed to rely on these flexible methods, as the european institutions shall carry out the duties devolving upon them by "coordinating to the necessary extent and rendering of equal value the guarantees which member states require of companies. . . "(article 54(3)(g), treaty of rome). But an analysis of directives reveals that the practical approach adopted was one of unification. Nevertheless, no common european company law has been achieved so far, as the european rules remain a mixing of national legal ones. This study shows that unification is not adapted to the approximation of company laws in europe because two different models of companies coexist. Therefore, national legal systems borrow rules from both models, leading to incoherent solutions, as the french company law illustrates. This thesis recommends more flexible methods of harmonization, inspired by the old european "jus commune". These methods would not necessarily lead to unification but would offer a consistent and non binding set of principles that states could follow or adapt as needed. The european common company set of principles that would emerge from such an approach could fit into all national systems. It would, however, require thorough preliminary doctrinal and scientific studies
Houet, Jérémie. "Les golden shares en droit de l'Union européenne". Thesis, Paris 10, 2014. http://www.theses.fr/2014PA100072.
Pełny tekst źródłaIn the currrent context of financial crisis, the recourse of Member States to golden shares reveals the ongoing movement to protect domestic firms against foreign investors. This mechanism however falls within the scope of EU norms. From the application of these rules emerges an autonomous legal framework which submit this particular ownership regime of Member States to comply with the free movement of capital and freedom of establishment. If golden shares are not prohibited per se, the strict control undertaken by both the Commission and the Court of Justice only leaves a limited marge de manoeuvre to Member States in the use of such device.This control has a dual incidence. Firstly, it allows to point out some inconsistencies that such analysis could generated in EU law. To that extent, calling into question the elements of the legal framework may be relevant. Secondly, it reveals the limits of the constitution of a truly internal market. Member States are likely to restore the golden shares mechanism by devious means. Their attempts reveal a deeper malaise, the fear of foreign investment in domestic companies operating in strategic sectors. This questions the opportunity of a common instrument to control foreign investment. Response to the crisis must be taken at the level of the European Union, and not anymore at Member States’
Jitmahawong, Danai. "L'immigration économique et le droit de l'Union européenne". Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32078.
Pełny tekst źródłaThis study examines changes in the EU law on economic migration, which aims to meet the goals of the progressive European integration, while taking into account the current economic requirements and forecasts on the needs of European labor market. First, the emphasis is put on demographic changes that have impacts on the active population structure of the European Union, and the possible contribution of immigrant workers, giving rise to the need of European policy in this area. The competence of the European Union and the arrangements of its exercise are subsequently examined to determine the scope of the Europeanization of the domain. Secondly, the study focuses on European Union legal materials and its developments that highlight the political sensitivity in the field of economic migration, constituting obstacles to the establishment of European norms. In both parts of this study, the distinction is made between economic migration from outside the European Union and the migrations of workers from third countries within the European Union, because of the peculiarity of these two categories. Finally, as the economic migration concerns workers from third countries, social aspects, such as fait treatment and social integration, are also addressed in this study
Pérennou, Thomas. "L'appréhension des hyperliens en droit de l'Union européenne". Thesis, Rennes 1, 2019. http://www.theses.fr/2019REN1G012.
Pełny tekst źródłaHyperlinking is a way to connect texts, sounds, images or videos published on the World Wide Web. It is now the standard way through which Internet users, content editors or search engines create and communicate information. Prima facie, the relation between hyperlinking and European Union law does not appear to be self-evident. Yet, hyperlinking raises a range of legal issues that challenge its apprehension by EU law. In the one hand, freedom to link is essential to the functioning of the Web. As such, it is an important means to exercise the freedom of expression and information online. Thus it can be expected from EU law to promote or protect hyperlinking. On the other hand, some hyperlinking uses are criticized : the creation of links frequently implies contents protected by intellectual property. Accordingly, linking is at the heart of the “value-gap” phenomenon. Hyperlinking also contributes to the dissemination of illegal or harmful content online, in opposition with EU law. Regarding these issues, the purpose of this study is to assess how and in what extent EU law delimits in a coherent way the freedom to link and its limits. In order to answer this question, we will first demonstrate the emergence of a freedom to link regarding european intellectual property law. Then, we will establish that this freedom is structured in a differentiated manner concerning the diffusion of information through the link. The application of EU law to hyperlinking is however facing problems regarding the coherence of the law. To solve this problem, proposals aimed at restoring the stability of EU law will punctuate this study. This study thus provides a basis for understanding and thinking, common to the European Union, regarding the application of the law to hyperlinking
Thiery, Sylvain. "Les actes délégués en droit de l'Union Européenne". Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G005.
Pełny tekst źródłaDelegated acts have been introduced into European Union law following the adoption of the Lisbon treaty. Defined by article 290 TFEU as “non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act”, delegated acts appear prima facie as an instrument of implementation of EU law, in continuity with the comitology that existed before the Lisbon treaty. However, delegated acts differ from the implementing acts as defined by article 291 TFEU which are adopted “where uniform conditions for implementing legally binding Union acts are needed”. Delegated acts thereby seem to be excluded from executive function. Instead, they should by deduction take part in the exercise of legislative function. This hypothesis is however not evident since delegated acts are referred to as “non-legislative acts”. The purpose of this thesis is to clarify this apparent contradiction and demonstrate that the aim of the delegation procedure under article 290 TFEU is to transfer a legislative power from the European Parliament and the Council to the Commission. This thesis assesses the institutional and substantive implications of delegated acts and their effects on the normative production of the Union
Oprea, Elena-Alina. "Droit de l'Union européenne et lois de police". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020028.
Pełny tekst źródłaThe interaction between the European Union law and the private international law is particularly acute in the field of internationally mandatory rules, maintaining and renewing the debate which always accompanied this kind of norms. If the internationally mandatory rules occupy a special place in the European legislation, being an extremely effective tool of European policy, some difficulties arise as to the articulation, in the Member States’ legal systems, of the both national and European different sources of lois de police. The transfer of powers from Member States to the European Union, the harmonization of national legislations and the greater weight given to European reasoning and interests at the time of qualification highlight a new dimension of the internationally mandatory rules concept. Also the implementation of internationally mandatory rules is highly influenced by the European Union Law. The Member States’ obligations concerning the completing of the internal market and the removal of restrictions to changes involve a significant disturbance to this traditional PIL mechanism; a decrease in the effectiveness of internationally mandatory rules in relations between Member States may be observed. The purpose of establishing an area of freedom, security and justice within the European Union was materialized in the establishment of European private international law rules in various fields; the internationally mandatory rules method is transformed as a result of the European legislator direct intervention on his definition and regime, but also as a result of the evolution that affects other concurring private international law methods
Oprea, Elena-Alina. "Droit de l'Union européenne et lois de police". Electronic Thesis or Diss., Paris 2, 2011. https://eu02.alma.exlibrisgroup.com/view/uresolver/33PUDB_IEP/openurl?u.ignore_date_coverage=true&portfolio_pid=5364207000004675&Force_direct=true.
Pełny tekst źródłaThe interaction between the European Union law and the private international law is particularly acute in the field of internationally mandatory rules, maintaining and renewing the debate which always accompanied this kind of norms. If the internationally mandatory rules occupy a special place in the European legislation, being an extremely effective tool of European policy, some difficulties arise as to the articulation, in the Member States’ legal systems, of the both national and European different sources of lois de police. The transfer of powers from Member States to the European Union, the harmonization of national legislations and the greater weight given to European reasoning and interests at the time of qualification highlight a new dimension of the internationally mandatory rules concept. Also the implementation of internationally mandatory rules is highly influenced by the European Union Law. The Member States’ obligations concerning the completing of the internal market and the removal of restrictions to changes involve a significant disturbance to this traditional PIL mechanism; a decrease in the effectiveness of internationally mandatory rules in relations between Member States may be observed. The purpose of establishing an area of freedom, security and justice within the European Union was materialized in the establishment of European private international law rules in various fields; the internationally mandatory rules method is transformed as a result of the European legislator direct intervention on his definition and regime, but also as a result of the evolution that affects other concurring private international law methods
Robert, Loïc. "La contribution de l'Union européenne au droit international des droits de l'homme". Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30057.
Pełny tekst źródłaSince the early 1990s, the European Union has been actively promoting human rights on the global scene. Today, the EU legitimately contributes to the development and implementation of international human rights law. EU law, and more specifically its rules regarding its external relations, determines its capacity to establish itself as an important and autonomous player, acting as one on the international scene. The coherence of the EU’s external action is crucial to its ability to efficiently influence the contents and the implementation of international law. The European Union can only contribute to international law to the extent of its own submission to these standards. It cannot ask other States to respect international law while disrespecting its rules at the same time. It is a matter of legitimacy. The EU’s contribution concerns the substantive content of the rules as well as their effectiveness. It is therefore capable of exporting its own standards in the international legal order, through conventional or customary rules, and therefore pushes for the universalization of existing rules. The European Union also plays a decisive role regarding the effectiveness of international rules protecting human rights, either by sanctioning directly their violation, or by favouring their jurisdictionalization
Kieffer, Maeve. "Recherches sur l'identité de l'Union européenne". Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA032/document.
Pełny tekst źródłaThe use of the term « identity » has been growing amongst national authorities, especially judges, since the mid-2000. The national identity is invoked to protect national law from European Law. In that context, the development of a European identity in response of the national identity can be contemplated.The substance of the national identity is neither strictly defined by the Courts, nor by the legal literature. But the substantial uncertainty of the identity is not surprising. An identity is the process of self-definition throughout time and changing social context. It is therefore in constant evolution. EU's identity shall not be sought within a fixed ensemble of values, but rather through the use of those values in a discourse aiming at asserting the European identity. Law represents a preferred mean of analysis of the European identity discourse, as it is a preferred mean of construction of the European Union
Inglese, Marco. "L'Union Européenne et la santé". Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA011/document.
Pełny tekst źródłaThe thesis aims at analysing the right to health and its protection in the legal order of the European Union. The first chapter assesses EU's health competences, introduced for the first time by the Maastricht Treaty and now codified into art. 168 TFEU. It identifies some specific sectors in which the EU can act and others, as the organisation of national health systems, that remain on the scope of domestic legislation. The second chapter examines health related derogations and mandatory requirements concerning the free moment of goods, the right of establishment and the freedom to provide services. For this reason it is divided into three sections. The first is devoted to pharmaceutical products. The second analyses the mutual recognition of medical qualifications and the domestic hindrance to the establishment of health operators. The third concerns patients' mobility and how the case law of the Court of Justice has been transposed in a piece of secondary legislation. Taking into consideration the binding value of the Charter of fundamental rights, the third chapter focuses on the role of the right to health in EU law. The structure is thus consistently threefold. The first section, in the light of the few cases so far appeared, questions the existence of the right to health. In the second one, it is analysed using some international conventions in order to assess the impact of the obligations to protect, to respect and to fulfil and, eventually, the link between the principle of non-discrimination vis-á-vis the access to healthcare. The last section examines the right to informed consent in clinical trials and the donation of biological materials
Azot, Benarroche Myriam. "Le plafonnement juridique des prélèvements obligatoires dans l'Union européenne". Paris 2, 1998. http://www.theses.fr/1998PA020080.
Pełny tekst źródłaFrom a legal viewpoint, the question of knowing what solutions would stop and reverse the process of rising taxation can be posed, in the wake of the european fiscal trends, what would be the legal mechanisms which would permit protection of our economy as well employment, in other words, the realisation of the european integration. Are there any legal ceilings to compulsory levies in the european union ? if there are pratical and theoretical justifications for capping compulsory levies, their implementation is piecemeal and inefficient, it needs to be reinforced, at the european level in the context of a european political union. As europe meanders into rising taxation and shifts to taxe on immobile bases in the context of ecnomie globalization, there is a need to propose alternatives to halt, maybe reverse, these tendencies and protect employment as well as european integration. This thesis looks into the existing legal mechanisms of capping various taxes and social security contributions in the different european countries. However, no european country imposes global ceilings on compulsory levies, however justified such ceilings may be. This thesis argues for such global ceilings within the constitutional framework of the european union
Payet, Stéphanie. "Le droit à une protection juridictionnelle effective en droit de l'Union Européenne". Thesis, La Réunion, 2012. http://www.theses.fr/2012LARE0006.
Pełny tekst źródłaThe principle of “Community of right”/”Union of right” established by the Court of justice of the European Union involves the existence of an effective judicial protection of the individual. That’s why the European law protects the “right to a judge” as a fundamental right, meaning essentially, the right for citizen subject to the European law to access a tribunal. This right guarantees to the individual a concrete access to the jurisdiction. The study of “the right to an effective judicial protection” brings to the fore the specificity of the access to the courts under European jurisdiction because, in addition to access the European Court of justice, the individual have the right of recourse to a national court to defend his rights inherited from the European law. Moreover, this study is not only limited to the issue of the accessibility of the jurisdiction but it also includes issues such as temporary judicial protection, the equality of citizens in access to the courts, the enforcement of court judgments
Teyssedre, Julie. "Le Conseil d'État, juge de droit commun du droit de l'Union européenne". Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10010.
Pełny tekst źródłaLike its European counterparts, the French Council of State was established to judge ordinary law in the European Union. Carrying out this duty has resulted in some conflict, as European Union law goes against certain notions that are entrenched in the national legal culture. The European Union's legal system, which has been a destabilising factor in the Council of State’s judicial duties, has gradually become an essential vector for the Council's modernisation and the transformation of its judicial function. Implementing this law has led the Council of State to move away from the legal dogmas that were at the centre of its self-limitation, to which it was profoundly attached. The implications of granting this judicial duty go far beyond rigidly implementing the requirements under its responsibility. At European level, a European space shared between the courts is starting to emerge, and is revealing itself to be the origin of a spontaneous movement of law. The Council of State's inclusion within this space is inexorably contributing to the process of enhancing its function, as it has resulted in the Council establishing itself as a player in the construction of ordinary law and in the alignment with European administrative justice
Laurent, Sylvain. "La contribution du Parlement européen au développement constitutionnel de l'Union européenne". Rennes 1, 2012. http://www.theses.fr/2012REN1G045.
Pełny tekst źródłaHistory of the European Union is full of constitutional proposals more or less successful whose fate, though often marked by failure or abandonment, never led to question the prospect of a constitutional order for Union. In retrospect, the European Parliament is seen as a leading and persistent developer of constitutional law of the Union, arguing the need to streamline the legal system of the Union, to ensure the highest level protection of fundamental rights and reinforce the principles of parliamentary democracy. Constitutional development of the European Union, if it requires the creation of a supranational constitutional law, is also characterized by another process of transforming Treaties to achieve a Constitution. From this point of view, the European Parliament looks like an upset actor of this process of constitutionalization. Pleading its full democratic legitimacy acquired in 1979, the European Parliamentary Assembly was first engaged in a unilateral constituent approach, which proved unsuccessful. This specificity of European constitutent power eventually led the European Parliament to focus on a participatory approach, much more realistic, especially as these isues, the assembly see its initiatives clamped in and by a European political space unfinished
Chaltiel, Florence. "La souveraineté de l'Etat et l'Union européenne : l'exemple français". Grenoble 2, 1999. http://www.theses.fr/1999GRE21005.
Pełny tekst źródłaState sovereignty and european union have dialectical links. Sovereignty gives union its foundations, whereas union gives sovereignty some new foundations. State sovereignty is usually considered as an obstacle as far as international law is concerned, because it means that state monopolizes the law production and controls international law. But such a climax conception of sovereignty conceals the reality of international society which european construction is initially a matter of. Sovereignty is the condition of european union as it both allows and limits this community. From now on, european union owns means of existing such strong as it gives other foundations to state sovereignty. The main idea of the thesis is to show the birth of a european sovereignty that does not erase state sovereignty. The starting point of this reflexion is a new reading of jean bodin in terms of a divisible and relative sovereignty. It is justified by the detection of some real clues of a european sovereignty from a new rule of law and political entity. It seems that european union exercises a legislative power on a population and a territory. It leads to a legal theory of european union and a study of the transformation and definition of france as a member state of european union. This definition shows a collective sovereignty, which is a huge stake for france. It shows the existence of an individual sovereignty around a hard core. If this hard core should disappear, state would becaume a federate entity. But this legal theory of member state leads to assert the persistence of this core
Parisi, Claudio. "L'accès à l'information dans l'Union Européenne". Lyon 3, 2004. https://scd-resnum.univ-lyon3.fr/out/theses/2004_out_parisi_c.pdf.
Pełny tekst źródłaCoutron, Laurent. "La contestation incidente des actes de l'Union européenne". Montpellier 1, 2005. http://www.theses.fr/2005MON10044.
Pełny tekst źródłaSquire, Claire. "La notion de travailleur en droit de l'Union européenne". Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010320.
Pełny tekst źródłaEU law does not provide a global definition of the notion of worker. A multiplicity of definitions coexist. The purpose of this study is to analyse the definition provided within the framework of free movement and to examine wether it should be adopted within EU emplorment law. In relation to the freedom of movement for workers, the notion of worker is a EU notion. The substance of the definition is analysed. The implementation of the definition by the European court of Justice and the national courts is also subject to scrutiny. The notion of worker is subjected to the influence of fundamental rights with the European Union legal order. The notion of worker is conditional to two additional criteria : exercice of teh freedom movement within the European Union and possession of European Union citizenship. These criteria come into conflict with equal treatment. The interelationships between the EU notions of worker and citizen raise questions. In other fields of EU law, the notion of worker is not a Community concept. The potential extension of the definition to secundary legislation is scrutiniezd. The analysis turns to security social law, then focuses on the rules governing the employment relationship. The study also includes an examination of rules on conflict of laws, rules on conflict of jurisdictions and rules governing the posting of workers
Destailleur, Thomas. "L'obligation de service public en droit de l'Union Européenne". Thesis, Valenciennes, 2018. http://www.theses.fr/2018VALE0040.
Pełny tekst źródłaAfter being confined in the Transport policy by the EEC Treaty, the public service obligation is now related on several Union's areas. Mainly linked to the networking activities within the European Union's exercise of competences, the public service obligation is being used as an overall way to identify the SGI substance within the field of European Law. Shaped on a sectoral basis in order to maintain the Member States margin of discretion about the definition, the operation, and the funding of such services, it partially contributes to unify the SGEI notion. By justifying specific interpretations of Eu legal categories, the public service obligation however promotes it in a European integration process based on Member States'interests. Bonded to the market monitoring ensured by Member States, the public service obligation continues to be a mean to override ordinary law.This link is becoming less intense. The public service obligation hence starts the renewal functional approach of the SGEI notion
Castor, Catherine. "Le principe démocratique dans le droit de l'Union européenne". Paris 2, 2009. http://www.theses.fr/2009PA020065.
Pełny tekst źródłaThauvin, Tiphaine. "Les services sociaux dans le droit de l'Union européenne". Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010299.
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Jean, Guillaume-André. "Le droit des investissements internationaux face à l'Union européenne". Thesis, Paris Sciences et Lettres (ComUE), 2016. http://www.theses.fr/2016PSLED031.
Pełny tekst źródłaInternational investment law and the European Union constitute two legal systems that are from now on in interaction. The convergence of these systems has been revealed by the entry into force of the Lisbon Treaty, which has initiated a transfer of competence in the field of Foreign Direct Investment and thus grants competence to the European Union for the conclusion of new investment treaties. Within the framework of a preliminary chapter, the analysis first attempts to explain why and how international investment law, as it results from the bilateral conventional practice of Member States, and the European Union constitute two interacting legal systems. The legal methodology that is necessary for the study of the manifestations of legal globalisation is described. Subsequently, by distinguishing between the substantive and the procedural aspects of International Investment Law, this thesis focuses on the evolutions of the relations between these two systems and on the results of the ongoing normative interactions. The first part aims to demonstrate that substantial international investment law has been the object of an approach from the European Commission, put in place as soon as the 1990s. As for procedural international investment law, it appears that its links with the European Union have been more tenuous and that it has only been the object of a component which has been attached to the European approach of material international investment law, as soon as the entry into force of the Lisbon Treaty. On these foundations, the analysis highlights the ongoing Europeanisation process of International Investment Law, which is related to the mode of creation of the international standard, its content and the participation of the European Union in the procedure of dispute resolution, by virtue of an arbitral procedure which should be constructed according to the foreign investor-European Union configuration
Donati, Alessandra. "Le principe de précaution en droit de l'Union européenne". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D018.
Pełny tekst źródłaBy acknowledging the flexible and complex nature of the precautionary principle in EU law, the purpose of this work is to provide a polycentric interpretation of this principle based on diversity rather than uniformity. To achieve this objective, a methodology derived from the methodological pluralism is employed. This allows for the “unitas multiplex” between the different definitions and applications of the precautionary principle to be researched. The core claim is that the polycentric interpretation of the precautionary principle can be built on two concepts: anticipation and action. In the first part of this study, I argue that anticipation implies the qualification by law and the evaluation by science of uncertain risks. In the second part, I consider that, after having anticipated the time of action, decision-makers should act on the basis of the precautionary principle. However, the action undertaken has different meanings and consequences from the procedural and substantive perspective. From the procedural side, the decision-makers have the obligation to take into account this principle, white they remain free on the substantive side, to adopt a precautionary measure
Cossalter, Philippe. "Les délégations d'activités publiques dans l'Union européenne". Paris 2, 2005. http://www.theses.fr/2005PA020057.
Pełny tekst źródłaDucroquetz, Florence. "L'Union européenne et le maintien de la paix". Phd thesis, Université du Droit et de la Santé - Lille II, 2010. http://tel.archives-ouvertes.fr/tel-00579597.
Pełny tekst źródłaShang, You. "Le droit antisubvention : une comparaison entre le droit de l'Union Européenne et le droit chinois". Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10013/document.
Pełny tekst źródłaThe antisubsidy law created by dispositions of WTO rules and internal solutions, is situated in the center of multiple normative conflicts: firstly between obligation of compliance and the autonomy of internal legal order; and secondly between the need of institutional balance and the predictability of rules. The method of multilateral coordination is facing a dilemma, the diffusion of those tensions will give the executing authority too much leeway, but intervention will create systematical difficulties. As it is, both in European Union Law and in Chinese Law, the antisubsidy law suffers an incoherence between its mission and its capacity in terms of the effectiveness of its rules facing complexes economic realities. The arrival of China, is both a test and an oppotunity to the multilateral legal coordination on the use of countervailing duty. The aggressive use of the trade defense arm such as countervailing duty, could eventually awake a nee d and a consensus of better legal framework of the antisubsidy law
Boiteux-Picheral, Caroline. "L'ordre public européen : recherches sur une notion complexe en droit communautaire et droit européen des droits de l'homme". Montpellier 1, 1999. http://www.theses.fr/1999MON10034.
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