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Bénichou, Delphine. "Le conseil constitutionnel, juge fiscal". Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0007.
Pełny tekst źródłaThe Constitutional Council largely thwarted all the constituent's predictions in the particular field of tax legislation. Although he is not a tax judge by law, he has succeeded in establishing himself as protector – now essential – of the rights and interests of the taxpayer, affirming both his singular place and his irreducible difference. He does not owe this position – at least not solely – to the remarkable and noted intensity of the constitutionalization movement which has affected tax law over the last 30 years. It draws it above all from the powerful link made up of reciprocal utilities which unites it to its own tax jurisprudence. Using tax litigation to perfect and energize its control of constitutionality, the specificities of constitutional tax litigation have allowed it to build itself as the source of authority that everyone knows – welcomes or regrets – today, both in the internal order than in the external order
Samson, Frank. "La Convention européenne de sauvegarde des droits de l’homme et des libertés fondamentales et l’exercice des pouvoirs publics à l’égard de l’automobiliste ou Les droits de l’homme au quotidien". Brest, 1998. http://www.theses.fr/1998BRES5001.
Pełny tekst źródłaGérard, Laurence. "Les recours des contribuables sur le fondement de la Convention européenne de sauvegarde des droits de l'homme et des libertés fondamentales". Paris 2, 2000. http://www.theses.fr/2000PA020109.
Pełny tekst źródłaBigot, Céline. "Le droit à l’eau en droit international et en droit communautaire : contribution à l’étude d’un droit de l’homme et des générations futures en émergence". Paris 10, 2006. http://www.theses.fr/2006PA100186.
Pełny tekst źródłaWe take access to drinking water for granted, as if it was our due. Yet until recently, international law did not required States to guarantee every individual access to quality water and in sufficient quantity, even though the lack of water and of its quality are at the root of serious public health problems all over the world. Since 2002, things have changed. The United Nations Committee on Economic, Social and Cultural Rights published the General Comment n°15 concerning the right to water : this document recognises the right to water and outlines its implementation. The right to water is part of an inter-generational vision rarely taken into account by international or community law. The right to water prompts us to amend numerous laws, especially water law and human rights law, in order to ensure mankind's survival
Barone, Laurent. "L'apport de la convention européenne des droits de l'homme au droit fiscal français". Paris 13, 1999. http://www.theses.fr/1999PA131015.
Pełny tekst źródłaRacho, Tania. "Le système européen de protection des droits fondamentaux". Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020042/document.
Pełny tekst źródłaThe relationship between the two european legal order, the European Union and the Council of Europe, and national legal orders is analysed through a systemic vision, on the specific field of protection of Fundamental rights. Their relation has become so intense that it is hard to organise a study about them. That is why the systemic approach helps consider those relations as a whole. The first step, that shifts the interaction between the legal orders mentioned into a system is the presumption of equivalent protection. Follows the discovery of the rules of the system, that are also an effect of this system. More precisly, the rules are the principle of subsidiarity, proportionality and legal certainty. It appears that there is no need for the European Union to acceed to the European Convention of Human Rights, even if it would make the legal relation easier. However, it could be useful for the effectiveness of Fundamental Rights to deepen the substantial harmonisation between the european legal orders through the identification by the judges of european autonomous concept and common positive human rights obligations
Morin, Xavier. "Spécificité des droits de l’hommeCritique des décisions de la Cour européenne des droits de l’homme en matière de permis à points (affaires Malige c/France du 23 septembre 1998 et Roche c/France du 2 février 1999)". Brest, 1999. http://www.theses.fr/1999BRES5002.
Pełny tekst źródłaLagarde, Emmanuelle. "Le principe d'autonomie personnelle. Etude sur la disposition corporelle en droit européen". Thesis, Pau, 2012. http://www.theses.fr/2012PAUU2003/document.
Pełny tekst źródłaThe personal autonomy was consecrated by the European court of human rights as an interpretation principle of the guarantees of the Convention, and especially the article 8, protecting the right to respect for private life. In this field, the principle of personal autonomy implicates « the right to use one’s own body » including « activities (…) physically or morally harmful or dangerous for the person ». This principle was « borrowed » from north american right by the judge of Strasbourg, to be integrated to the corpus of the Convention with opportunity. Indeed, he wants to mark the liberalization of the european right to respect for private life, justifying an absolutist body using. Yet, the french right is supposed to welcome the principle of personal autonomy, and so, admit this one, despite its severe supervision of the possibilities of body using. Nevertheless, in the face of its virtualities, the principle of personal autonomy is limited in two ways. Indeed, concerning european right, this principle leads to justify the right to respect for private life on a subjective conception of dignity, intrinsically « no normative ». Concerning the french right, in spite of the possibilities always more importants of body using, the reception with success of the principle seems impaired by a perennial public order. Finally, the principle of personal autonomy doesn’t seem to threaten, for now, nor the stability of the Convention, neither the balance safeguarded until now between the body using and the public order concerning it in french right. However, this constatation invites to self-effacement, regarding to scientific and political issues always more pressing that human access sparks off
Perraki, Panagiota. "La protection de la vie personnelle du salarié en droit comparé et européen : étude comparative des droits français, hellénique, britannique et européen". Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-00997155.
Pełny tekst źródłaBenezech, Ludovic. "La diffusion des droits fondamentaux dans l’ordre juridique interne sous l’influence de la Convention européenne des droits de l’Homme. : contribution à l’étude de la fondamentalisation des droits". Thesis, Université Clermont Auvergne (2017-2020), 2019. http://theses.bu.uca.fr/nondiff/2019CLFAD009_BENEZECH.pdf.
Pełny tekst źródłaThe law is currently facing the increasing emergence of fundamental rights. A neologism of doctrinal origin, fundamentalisation is expressed by the phenomenon of the spreading of fundamental rights within all branches of law. This global movement therefore raises many questions of coherence and notional unity. One of these questions is whether it responds to a possible systematization.The safeguarding and development of fundamental rights, « not theoretical or illusory rights, but rights that are practical and effective », entirely control the letter and spirit of this phenomenon. The changes brought about by the fundamentalisation of rights are not only semantic, they are above all substantial. The effectiveness, the proportionality, the right balance and the casuistic spirit in particular thus appear to be inherent in this movement which invites to rethink the established and structuring principles of the French legal order.Thus, the interest of this research lies less at the level of the study of fundamental rights as such than at the level of the analysis of the dynamics of their extension. The real aim of this study is to analyse in detail the reality, unity, scope and purpose of the fundamentalisation of rights within the French legal order
Vulpillières, Camille de. "Les portes de la loi : souveraineté, droits de l'homme, hospitalité : quel(s) droit(s) pour les étrangers ?" Thesis, Paris 10, 2019. http://faraway.parisnanterre.fr/login?url=http://bdr.parisnanterre.fr/theses/intranet/2019/2019PA100137/2019PA100137.pdf.
Pełny tekst źródłaThis work aims at analysing how contemporary French and European migration law struggles to truly guarantee subjective rights to foreigners. This difficulty is reflected both in the legal dispositions themselves, through a restrictive legal regime, and in administrative practices, through their recurrent challenge to rights that are officially recognized. We assert that this phenomenon, by which migration law contradicts the norms of contemporary liberal democracies and the rule of law, is due the balancing between State sovereignty and individual rights of foreigners: preserving one therefore necessarily means weakening the other. In the first part, we conduct an empirical study of the texts and practices of migration law to show that it is structurally unbalanced in favour of State sovereignty. The second part intends to propose a way out of this antinomy to truly coordinate state sovereignty and the individual rights of foreigners, in the form of a principle of hospitality. We try to show that this principle derives from the implications of the modern notion of law and its claimed function of pacifying interactions. Our PhD thesis therefore engages in a dialogue between a diagnosis of the dysfunctions of an empirical field of law and a critical and normative approach based on the immanent logic of social practices
Malblanc, Matthias. "La technique des notions autonomes en droit de la Convention européenne des droits de l'Homme". Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE2096.
Pełny tekst źródłaCloser union" between the Council of Europe member states. While some methods of interpretation that have been used by the European Court of Human Rights pursue this aim, the technique of autonomous concepts plays a privileged role. In general, it allows the Court not to abandon the meaning of the Convention's concepts to national definitions, but to determine for itself the meaning of the concept in the most compatible way with the spirit of the Treaty, in order to guarantee the applicability of protected rights and freedoms. In doing so, it gives these concepts a flexible and evolving content, while at the same time provoking an extension of the scope of theConvention to new situations, to be disseminated in the legal systems of the States Parties and to contribute to the harmonization of national rights around one European standard. According to this circular movement, which accounts for the complexity of systems interactions and validates the thesis of a networked Law, autonomous concepts must be considered as an interpretive technique allowing the European Court of Human Rights to determine for itself the extent of its competence in order to ensure the effectiveness of Convention Law and to achieve a common European Human Rights Law
Danova, Maria. "La dimension objective des droits fondamentaux européens". Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA003.
Pełny tekst źródłaThe objective dimension is one of the main theories of the interpretation of fundamental rights in Germany. Although relatively unknown outside its national context, it exerts an influence at a European level, especially in case-law in the European Court of Human Rights, without being regarded as such. The present study aims to analyze this approach of rights at a European scale through its main characteristics drawn from German law, as well as to highlight the influence of the latter on European law. The objective dimension appears to be a teleological and total interpretation that establishes the protection of rights on certain political and moral values, and ensures their radiating effect within but also through legal systems. If it is a breakthrough in the elaboration of the theory of rights, it also carries the risk of weakening these same rights in their subjective function which is to protect personal freedom
Bonjour Sophie, Madame Danova a déposé un nouveau contrat ce 10/09/2015. Le rôle FICH est à modifier. Merci d'avance Suzanne
Cseke, Nóra. "Accès au juge et aux procédures d'asile à la lumière des droits européen, allemand et français". Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA004.
Pełny tekst źródłaThe effectiveness of access to asylum bodies depends on a combination of several factors which are not derived solely from national law. The sine qua non of the effectiveness of such access is a harmonious reception by the various Member States of the procedural guarantees essential to it and defined at European level, which presupposes, however, a balanced relationship between ECHR law and Union law built in a spirit of dialogue. In establishing this dialogue, the EU legislator, like the European Court of Human Rights and the Court of Justice of the European Union, plays an essential role, and if this dialogue were to prove dissonant, national law could still correct any shortcomings thus noted. To this end, it is certainly necessary to establish a dialogue also at national level, not only with the EU legislator and the European courts but also between the administrative and judicial authorities at State level. Ultimately, the effectiveness of this access is also essential in a cross-border dimension in order to further approximate national legislation and to propose a European solution to the structural and systemic problems characterizing this access
Falxa, Joana. "Le droit disciplinaire pénitentiaire : une approche européenne. Analyse des systèmes anglais, gallois, espagnol et français à la lumière du droit européen des droits de l'homme". Thesis, Pau, 2014. http://www.theses.fr/2014PAUU2009.
Pełny tekst źródłaDiscipline is a key part of prison life which has long been ignored by the law. The comparative analysis of the English, Welsh, Spanish and French systems on this topic highlights however the prison discipline’s normativization and the increase of all the procedural safeguards for prisoners-litigants. This process reflects the search for a greater equity in prison adjudication, which could be connected to the progressive strengthening of Human Rights’ in prison. Although the European law on Human Rights is still timorous on some procedural aspects, it is part of this evolution, and it develops a global prison ideology by setting common standards for the different national laws in Europe. Nevertheless, the review of the different disciplinary systems enlightens the difficulties faced by the emergence of the rule of law in prison. Besides, the law is far from being the only mean for prison management. These factors’ convergence encourages to propose a new global disciplinary model, reflecting the search of a higher level of equity in the prison disciplinary system
Paillissé, Eric. "Le droit à la santé dans la jurisprudence de la Cour européenne des droits de l'Homme". Thesis, Perpignan, 2018. http://www.theses.fr/2018PERP0018.
Pełny tekst źródłaThe European Convention on Human Rights (ECHR) does not guarantee the Right to health. Because of its largely liberal nature, the ECHR aims at ensuring an effective protection of civil and political rights at European level. The European Court of Human Rights (ECoHR) has shown caution when dealing with the economic and social field, which is essentially theresponsibility of States and their legislative policy. With significant cases and applications increasing, the Court has found that conventional rights have a health component, which sometimes conditions the actual exercise of those rights. Thanks to its dynamic interpretation, the ECoHR has built up a significant legal corpus on health issues. In order to reflect socialrealities, the European judge initially developed an obligation to protect the health of the most needy individuals. Beyond these aspects, the ECoHR has committed itself to a redefinition of the way in which the right to health must be exercised. The Court is thus progressively positioning itself in terms of health promotion. By doing this, the European judge becomes an important key player in the development of a European right to health
Ciuta, Carmen. "La révision des arrêts de la Cour européenne des droits de l'homme". Thesis, Montpellier, 2018. http://www.theses.fr/2018MONTD017.
Pełny tekst źródłaNot included in the European Convention on Human Rights, but provided for by the Rules of Court, the revision of its judgments appears as an exceptional procedure that, at first glance, does not raise particular issues. However, being amongst the procedures belonging to the human rights protection system, it must be determined what role revision may play in such a system. In this respect, the examination of the judgments delivered by the Court following the requests for revision submitted to it points out that the provision governing revision is likely to give rise to a thorough reflection, even though the number of judgments in this area is not impressive. Indeed, the issues raised in the procedures for revision involve a careful reading of the before-mentioned provision, whose potential should not be underestimated
Brillat, Manuela. "Le principe de non-discrimination à l'épreuve des rapports entre droits européens". Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA023.
Pełny tekst źródłaAlso perceived as an ideal, equality finds its legal incarnation in the non-discrimination principle. When examined through the European prism, it reveals its full meaning in terms of difficulties, but also of potential, for the relations between the two main European legal systems : the Council of Europe and the European Union. The European Court of Human Rights, the European Committee of Social Rights as well as the Court of Justice of the European Union, behind the apparent similarity displayed, harbour different realities, thus underming the non-discrimination principle and weakening its key role in the defence of European human rights law. In order to restore its full effectivness, this principle should be redefined, bearing in mind that its interpretation cannot change from one European legal system to another. This major challenge leads to the analysis of the exact implications, for Europe, of the cornerstone function played by the non-discrimination principle
Hurpy, Hélène. "Fonction de l'autonomie personnelle et protection des droits de la personne humaine dans les jurisprudences constitutionnelles et européenne". Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1015.
Pełny tekst źródłaThe concept of personal autonomy recently appeared in the European justice system as a means by which people can lead their lives as they wish. This concept has its roots in an evolving justice system, torn between two traditions: the Anglo-Saxon model of individual rights; and the paternalist Continental approach. The role of constitutional European judges and the inner-workings of the European Convention on Human Rights has proved decisive for the development of the idea of personal autonomy which lies at the heart of the justice system, and its evaluation within the matrix of fundamental rights. Taking into account personal autonomy aims to effectively alter the judicial protection of the rights of the person which is no longer general and abstract but rather concrete and refined, and also addresses current issues of the protection of human rights and the reality of society.The aim of this study is to analyse the function of personal autonomy and the direction of human social interaction and the participative element of internal pluralism which is essential to a democratic society. The analysis focuses on advances permitted by the recognition of personal autonomy in the protection of individual rights and those of minorities. In spite of some doctrinal reluctance, this function proves limited in light of questions regarding social values which it might raise, but it proves essential to the development of the protection of the rights of the person
Périn-Dureau, Ariane. "L'obligation fiscale à l'épreuve des droits et libertés fondamentaux". Paris 1, 2012. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D132.
Pełny tekst źródłaZomer, Caterina. "La preuve pénale vers un droit commun européen : la règle de la preuve unique ou déterminante dans la jurisprudence de la Cour Européenne des Droits de l'Homme". Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA008.
Pełny tekst źródłaArticle 6 of the ECHR provides the principles of fair trial. Apparently overlooked by this text, which does not explicitly mention it, the field of criminal evidence, and rights in connection therewith, is an important component of litigation from Article 6, and an area in which the European Court of Human Rights interpretative work is one of the most interesting laboratories for legal comparison. The “rule of sole or decisive evidence” establishes a minimum standard of guarantee, by which the conviction cannot be based solely or primarily on evidentiary items whose admission has not respected the conventional rights of the accused. Made in a highly innovative environment, featuring an hybrid legal nature, the “sole or decisive rule” crosses, and at the same time seeks, the more recent evolutionary trends at work in European law of criminal evidence
Remedem, Arnaud. "La protection des droits fondamentaux par la Cour de justice de l'Union européenne". Thesis, Clermont-Ferrand 1, 2013. http://www.theses.fr/2013CLF10403/document.
Pełny tekst źródłaWithin a multiplicity of European systems for the protection of fundamental rights, the one established by Community law and then by the European Union stands out by its specific construction.Faced with the reluctance of national constitutional courts, the provisions of the original treaty making also shows a significant weakness in terms of protection of fundamental rights, the Court of Justice has established a policy of jurisprudence in order to protect them through a progressive reading of the provisions of the Community Treaty and the European Union. The general principles of law instrument was, for the judge, dominating to specifically define and protect fundamental rights in the Community legal order and then the European Union. Inspired by the constitutional traditions common to the Member States and international legal instruments which the first is the European Convention on Human Rights, the Court of Justice has thus developed a protection of fundamental rights that is all together effective and accepted by the Member States. Today, this protection of fundamental rights is boosted by the prospect of adhesion of the European Union to the European Convention on Human Rights. Therefore, in a context of cross-Europeanization of rights and nesting European legal orders, the Court of Justice of the European Union has been able to draw up a list of argued legal points in order to establish a consistent and harmonious human rights protection which has to be specified
Thiam, Sangoné. "Droits de la défense et enquête policière". Thesis, Pau, 2018. http://www.theses.fr/2018PAUU2034/document.
Pełny tekst źródłaDid the person who dared to infringe a value criminally protected by the society deserve any defense from that latter? This defence has been controversial for a long time, while some have been in favor, others have been resolutely hostile. The compromise consisted in refusing the rights of the defense in the police investigation by adopting an inquisitorial system and devoting them largely in the judgment phase with an adversarial system. This diversity of the procedure seems a priori to answer the conflicting interests at the heart of the criminal proceedings. But in the light of fundamental rights and under the influence of international and European provisions, this conception of procedure becomes inappropriate. The rights of the defense, as well as the rights to fair trial must no longer be limited, they must govern the entire procedure from the police investigation to the trial stage. How would rights that initially applied only before an independent and impartial jurisdiction break into the police investigation without the existence of a judge providing guarantees equivalent to those of the trial court? If the legislator first introduced the rights of defense in the criminal investigation phase, the decline of the latter in favor of the police investigation should push him to extend them. In fact, this is what he has started to do, but in a timorous way. Not only does the effectiveness of the rights of the defense in the police investigation require to be enlarged, but it also allows putting in place an independent and impartial judge responsible for ensuring their full implementation as in the trial stage. A jurisdictionalization of the police investigation is now a requirement
Duymaz, Erkan. "L'"effet horizontal" de la convention européenne des droits de l'homme". Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30025.
Pełny tekst źródłaThe horizontal effect involves the application of the ECHR in interindividual relationships. Justified by the theory of positive obligations, this jurisprudential construction allows to establish the international responsibility of the State when it fails to take necessary measures to prevent and suppress violations of the Convention committed by private persons. Recognition of the horizontal effect by the European judge results in the proliferation of substantive and procedural obligations of the State. Transposing them into domestic law compels public authorities, including courts, to interfere in private relations. Necessary for the effectiveness of human rights, the diffusion of the horizontal effect generates, in return, an extension of State intervention in the private sphere and the emergence of individual duties based on the respect of the rights and freedoms of others. The European Court of Human Rights, pioneer of the « horizontalization », refuses to develop a general theory. The challenge is therefore to delimit the extension of human rights to relations between individuals so that it does not become a factor of weakening of the vertical protection of human rights
Mascolo, Gil Tenile. "La place des droits de l'Homme dans le Mercosur à la lumière de l'expérience européenne : les enjeux au regard du système interaméricain de protection des droits de l'Homme". Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-01058852.
Pełny tekst źródłaDesfour, Mary-Hélène. "Contribution à la réflexion sur la notion de sanction pénale dans le droit positif contemporain français". Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1103.
Pełny tekst źródłaThe traditional conception of the notion of criminal penalty is based on a functional criterion that can be synthesized in two axioms: only the criminal penalty is punitive and all criminal penalties are punitive. This conception leads to the assimilation of the notion of criminal sanction penalty to that of punishment. The hypothesis of this analysis is to consider whether one can abandon this conception by checking whether the material criterion on which it relies is still relevant. The first part of the thesis tends to demonstrate that the traditional functional criteria is challenged when confronted with contemporary positive law data. It reveals a dualism of conception of the punitive function. Indeed, the internal common law and the law of human rights do not admit a unitary conception of this function which will lead to a split of jus puniendi which obsoletes the traditional criterion. The second part highlights the acceptance of a modern unitary criterion of the criminal penalty notion. Indeed, the renewal of the type of penalty at the edges of this concept, combined with the establishment of a common exclusion criterion of these penalties from the criminal penalty enable to establish that contemporary positive law (that is to say that having fully assimilated the normative dualism that now prevails in criminal law) now admits a modern criterion: the specific nature of the beneficial interest of the criminal penalty. The renewal of the criterion in fine therefore allows to consider a new definition of the criminal sanction and provides a justification for its contemporary developments
Mammadov, Khalid. "La Cour européenne des droits de l'homme, de réforme en réforme : la rançon d'un succès ?" Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA031.
Pełny tekst źródłaThe European Court of Human Rights, since the 1990s, recognizes an unprecedented extension of its competence ratione personae and ratione loci. In order to face this exceptional phenomenon new instruments are required. The purpose of this study is the examination of new techniques adapted by the Court to maintain the level of protection of human rights guaranteed by the Convention. Other organs and Member States of the Council of Europe participated actively to the efforts in order to conserve the excellent level for the protection of human rights in Europe. These are specific areas having been reviewed and valued in terms of their contribution and sometimes their disadvantages. Prepared in a particular space-time, this study would ask in the future to be completed and assessed from this angle
Neglia, Maddalena. "Imprese multinazionali e diritti umani : i principi guida delle Nazioni Unite e la loro attuazione nel contesto dell'Unione europea". Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1029.
Pełny tekst źródłaThe twofold aim of the research is to study how the international soft law standards laid down in the UN Guiding Principles on Business and Human rights (UNGPs) are shaping both the European and the National legislations, and what are the further developments expected. The first chapter explores the (lack of) responsibility of MNEs in international law and in front of national courts. In this scenario, the role of international soft law has been particularly important. The second chapter examines three different public codes of conduct regulating MNEs, The OECD Guidelines for multinational corporations, the ILO Tripartite Declaration and the UN Norms. This analysis serves to give the reader a clearer idea of the context in which the UNGPs has seen the light. The third chapter is entirely dedicated to the analysis of the UN Guiding Principles endorsed in 2011 and of their three pillar, with a special focus on the State duty to protect. Finally, the fourth chapter analyses, through a comparative method, the UNGPs implementation in the EU and in some Member states. It concludes that the UN Guiding Principles are largely influencing the European policy in this sector, and that both the European Union and the Member states are implementing this policy through several measures, both voluntary and mandatory. Finally, the research intends to make a contribution to the debate on the increasing role of international soft law in solving challenges of a globalized world where the State sovereignty principle has lost importance
Campanile, Luisa-Vittoria. "Convenzione europea dei diritti dell’uomo e violazioni strutturali : come si evolvono i sistemi di protezione dei diritti umani". Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100037/document.
Pełny tekst źródłaAfter an historical introduction on the evolution of the ECHR system, this thesis deals with the theme of "structural violations" in the case law of the European Court of Human Rights in the context of the crisis of the ECHR, principally due to an excessive workload. Structural violations are not a new phenomenon in the history of the Convention and in the jurisprudence of international human rights, especially that of the Inter-American Court. The theme is therefore an opportunity to tackle key issues: the European Court's execution of judgements in internal legal orders, the future of the ECHR system, but also the "constitutional" nature of the European Court of Human Rights. All of this highlights the recent tension between "individual justice" and "collective justice" in the debate on the "constitutionalization" of European Human Rights Law, which is here the common thread
Dopo un’introduzione storica sull’evoluzione del sistema CEDU, il lavoro affronta il tema delle « violazioni strutturali » nella giurisprudenza della Corte europea dei diritti dell’uomo, nel quadro della crisi del modello CEDU, dovuta principalmente all’eccessivo carico di lavoro. Si tratta di un fenomeno non nuovo nella storia della Convenzione e nella giurisprudenza internazionale dei diritti umani, specie in quella della Corte interamericana. Il tema rappresenta inoltre lo spunto per affrontare questioni problematiche: il profilo dell’esecuzione delle sentenze della Corte europea negli ordinamenti interni, il futuro dello stesso sistema CEDU e la natura “costituzionale” della Corte EDU. Tutto questo evidenzia anche la recente tensione tra “giustizia individuale” e “giustizia collettiva”, nell’ambito del dibattito sulla “costituzionalizzazione” del diritto europeo dei diritti dell’uomo, fil rouge dell’intera trattazione
Yakovenko, Ivan. "Droits fondamentaux du contribuable dans les systèmes européens de protection des Droits de l'Homme". Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA009.
Pełny tekst źródłaNowadays, the use of different provisions intended to protect human rights in general, and the ECHR, in particular, by taxpayers and their counsel does not surprise with many domestic jurisdictions increasingly making reference to the Convention in any type of tax litigation. However, it is still a difficult topic to address as it simultaneously crosses across both public and private law. The main aim of this study is to identify the position of the Court on taxation matters, when it assumes a specific role in the protection of the taxpayer’s fundamental rights and freedom. Emphasis is given to the impact that the provisions of the Convention can exert on the evaluation of substantive and procedural tax rules that are applied in several countries of the Council of Europe and the protection of the taxpayer’s rights. The study has a specific interest to provide the means for a better understating of the real value of the European Convention on Human Rights for the protection of the taxpayer’s rights propelled by its dynamic interpretation over the past years. In this regard, the originality of the study is based on a broad analysis of cases recently decided by the Court. As far as possible, a comparison with the case law of the CJEU is also undertaken
Lattouf, Ziad. "La mise en oeuvre de l'accord d'association en Algérie - Union européenne dans les perspectives du respect des droits de l'homme". Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30002.
Pełny tekst źródłaThe Algerian-European association, signed on 19 December 2001 in Brussels and enforced on 1 September 2005, represents a partnership in terms of human rights. Sett off by the Barcelona Declaration of 27 & 28 November 1995, it nowadays serves as the best model for a genuine implementation of human rights in the field of assocation agreements. Inspired by Euro-Mediterranean policy whose objective is the promotion as well as protection of human rights, as stated in the universal declaration of human rights, it affects the parties, domestic and international policies and represents and essential element in the implementation of the Algerian-European association agreement. Is there a genuine implementation of the Algerian-European association agreement in the perspective of the respect of human rights? And what are the means used for that propose?
Valduga, Louis. "La confiance mutuelle entre les Etats membres : instrument du système constitutionnel de l’Union européenne". Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2023. http://www.theses.fr/2023ASSA0026.
Pełny tekst źródłaThe consecration of mutual trust in Union law reveals the specificities of this legal system and the nature of the relations between its authorities. It brings to light a complex constitutional architecture whose contours must be outlined and whose ins and outs must be revealed. In order to better understand this phenomenon, the thesis proposes to return to the source of this constitutional principle, by identifying an act of mutual trust on which the relations between the legal systems of the Member States are based within the Union. The transition from mutual trust to Union law makes it possible to deploy an instrument capable of ensuring the articulation of the legal systems. Moreover, the constitutionalisation of the relationship of mutual trust between the Member States leads to a rethinking of the participation of the latter in the European Union and of the content of the status of Member State. Finally, the analysis of mutual trust brings to light its vertical scope, considering the relations between the legal systems of the Union and the Member States. Mutual trust underpins the existence and maintenance of trust between the Union and the Member States, thus allowing us to identify a global system of trust that structures the relationship between legal systems
Réglier, Anne-Claire. "L'appréhension de la famille européenne". Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1007.
Pełny tekst źródłaIf it is understandable that the multiplicity of angles of analysis amounts to exclude any single or summary definition of the family, this does not preclude trying to grasp this reality that the family is. Given the growing interest of the European Union (E.U) for the family, the E.U has been selected as the study framework of our research on the European family. Since the E.U is both a geographical area composed of twenty- eight Member States and an entity with legal personality, reflect on the European family in the European Union requires to do it in both members States of the E.U and the E.U itself.If we can’t define the European family, can we at least apprehend it, that is to grasp it by the spirit ? This is what we decided to do by putting in perspective the different approaches of the European family adopted by the different legal systems involved in the E.U.We need to focus our attention both on what the European family is in fact and as a legal object by studying the different ways it is modeled by laws. The various family laws of the Member States of the E.U and the various interventions of the E.U in family matters are so many means for us to apprehend the European family allowing us to reveal the existence of points of convergence and common values. But the research on the European family conducted in the E.U framework can’t ignore the existence of a bicephalous Europe because the conception that the E.U has of family is enriched by the jurisprudence of the European Court of Human rights ( ECtHR ) and remains in become given the legacy it receives from the construction of the meaning of the notion of "family life" in the case law of the ECtHR
Tsampi, Aikaterini. "Le principe de séparation des pouvoirs dans la jurisprudence de la Cour européenne des droits de l'homme". Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA008.
Pełny tekst źródłaWhat of the idea that a constitutional principle concerning the institutional organization of the State, such as the separation of powers, could be found in the jurisprudence of an international court of human rights, namely the European Court of Human Rights ? Even if it were to be audacious to prove that the judges of the Strasbourg Court apply a precise theory of separation of powers, it, nonetheless remains relevant to answer the question whether the solutions adopted by the aforementioned judges outline a coherent vision of what should be, in their view, the relations between the branches of government. Yet, one should always bear in mind that the theory of the separation of powers, as conceived in the contemporary liberal State, implies the consecration of only a minimum nucleus of solutions
Maulet, Léa. "L'office de la Grande chambre de la Cour européenne des droits de l'Homme". Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3061.
Pełny tekst źródłaAs the cornerstone of the negotiations leading to the adoption of Protocol No. 11 to the European Convention on Human Rights, the Grand Chamber of the European Court was given atypical as well as extensive contentious and advisory powers. Subsequent reforms have helped to extend its prerogatives, thus confirming the importance of its role within the European protection system. This thesis focuses on the office of the Grand Chamber in its twofold dimension, formal and substantial. Based on traditional legal materials and methods from the social sciences, this research shows that, despite initially unfavourable conditions, the Grand Chamber has succeeded in redefining its office in order to put it at the service of the construction of a common European law. It has also made itself essential to the preservation of the protection system
Trouzine, Belkacem. "Unification européenne des règles de conflits de juridictions et exequatur des décisions des états tiers : L'exemple des décisions sud-méditerranéennes". Electronic Thesis or Diss., Bordeaux 4, 2012. http://www.theses.fr/2012BOR40028.
Pełny tekst źródłaThe extension process of communitarisation will certainly have implications outside the European Union. Recognition of third decisions by the French judge will now be influenced by the application of European principles and values. This study will focus on the fate of the conditions required in France for the third decisions. The role of the judge will determine exequatur to illustrate the transition from legal practice. Indeed, it is the power of it will determine the fate of this practice to decisions from other States. In addition to the conventions developed in the European context, the Brussels Convention of 27 September 1968 and this Regulation No. 44/2001 (also Brussels II and Brussels II bis) and the partnership agreements, will not be immune to our research. In other words, we want to measure the development of European private international law, particularly in terms of mutual legal assistance on the outside. The goal is to give the European international private law a universal dimension
Da, Fonseca Amélie. "La subsidiarité juridictionnelle. Contribution à l’étude de l’intégration européenne". Thesis, Pau, 2020. http://www.theses.fr/2020PAUU2082.
Pełny tekst źródłaParadoxically little studied, judicial subsidiarity constitutes an essential dimension of European integration, as the legal orders of the European Convention of Human rights and of the European Union are based on the jurisdiction of principle of the national judge and the subsidiary jurisdiction of the European judge in the application and respect of the law issued from them. Indeed, judicial subsidiarity plays an essential role due to its functions of distribution and regulation of jurisdiction. This research therefore proposes, first of all, to identify judicial subsidiarity to assess its role in European integration. The judicial crisis disrupting the European construction then leads to re-examine the relationship between judicial subsidiarity and European integration. While the former was until then a condition of the existence and functioning of the latter, the exercise of judicial subsidiarity is now at the core of national demands, who require a rebalancing to their advantage. In the face of bottlenecks observed in European courtrooms and the national contestation against them, operational solutions are sought in judicial subsidiarity. The regulation of litigation that it enables thus must be carried out for the benefit of both levels of jurisdiction. This research therefore proposes, as a second step, to examine the ambivalent exercise of judicial subsidiarity in this context of crisis, which confirms, on new grounds, its indispensable character for the pursuit of European integration
Catalan, Raymonde. "Optimisation fiscale et libertés communautaires". Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1003.
Pełny tekst źródłaLarrouturou, Thibaut. "Question prioritaire de constitutionnalité et contrôle de conventionnalité". Thesis, Lyon, 2020. http://www.theses.fr/2020LYSES049.
Pełny tekst źródłaDespite a long tradition of supremacy of the Law, France is today one of the few European States in which the latter can be challenged, during a trial, in two distinct ways: the question prioritaire de constitutionnalité, on the one hand, and the control of conventionality, on the other. At first glance, there seems to be a real disjunction between the two of them. Indeed, they involve different Courts, do not ensure compliance with the same standards and diverge in their effects. However, despite the virtual absence of rules governing their relations, a real interconnection of the two controls has gradually developed. Adaptation of the two instruments to each other, interweaving of constitutional and conventional issues within litigation, relations of influence or authority between the courts involved and entrenchment of preliminary ruling mechanisms all demonstrate the emergence of court-made rules regarding the relationship between question prioritaire de constitutionnalité and control of conventionality. The strength of the relationships between legal orders, the specificity of the standards at stake and the several Supreme Courts involved require the search for an ever-shifting balance in this matter, which is the topic of this study
Trouzine, Belkacem. "Unification européenne des règles de conflits de juridictions et exequatur des décisions des états tiers : L'exemple des décisions sud-méditerranéennes". Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40028.
Pełny tekst źródłaThe extension process of communitarisation will certainly have implications outside the European Union. Recognition of third decisions by the French judge will now be influenced by the application of European principles and values. This study will focus on the fate of the conditions required in France for the third decisions. The role of the judge will determine exequatur to illustrate the transition from legal practice. Indeed, it is the power of it will determine the fate of this practice to decisions from other States. In addition to the conventions developed in the European context, the Brussels Convention of 27 September 1968 and this Regulation No. 44/2001 (also Brussels II and Brussels II bis) and the partnership agreements, will not be immune to our research. In other words, we want to measure the development of European private international law, particularly in terms of mutual legal assistance on the outside. The goal is to give the European international private law a universal dimension
Heikkilä, Satu. "From final judgment to final resolution : effectiveness of the execution of judgments of the European Court of Human Rights in Finland". Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA004.
Pełny tekst źródłaThis study focuses on the execution of the 138 condemnatory judgments delivered so far against Finland by the European Court of Human Rights. The study showed that the Finnish execution procedure was not bureaucratic and it worked well, the overall procedural effectiveness thus being at a very advanced level. As to the payment of just satisfaction and the taking of individual measures, the study showed that the execution was fairly effective in Finland both in the temporal and material sense, the only exception being reopening of domestic proceedings. The study also revealed that although the taking of general measures in Finland was mostly effective, there was also some reluctance to take execution measures. Still most of the general measures were taken effectively in Finland, one of the best examples being the ne bis in idem cases. On the other hand, the length of proceedings cases represented a group of cases in which the temporal and material effectiveness was at its lowest
Roux-Demare, Francois-Xavier. "De l'entraide pénale à l'Europe pénale". Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30062.
Pełny tekst źródłaJudicial cooperation in criminal matters may be defined as the need for individual States to work together to achieve a common goal in fighting crime more efficiently. On a European scale, States will not stop at the use of international mechanisms. They are committed to a deeper cooperation process which leads to the regionalization of norms and thus favors the fight against crime, and more particularly organized crime. Such a move towards a system of partnership is necessary, as may be seen in the relationship between transnational crime and “traditional cooperation in criminal matters”. To meet this need, European States must introduce a set of common rules, protective of fundamental rights, along with different legal principles, such as harmonization and mutual recognition. Progressively, cooperation in criminal matters in Europe is no longer based on the logic of mutual assistance between States, but aims at several organizations developing a policy of integration. Organizations of note, amongst the many committed to this process, are the Council of Europe, the former European Community, now European Union, the Benelux countries and the Nordic Council. Moreover, European mutual assistance in criminal matters seems to take on a complex reality from now on, due to the multiplication of criminal areas. The area formed by the Council of Europe and the European Court of Human Rights (ECHR) is distinct from the European area of freedom, security and justice (AFSJ) identified by its many agencies (Europol, Eurojust, Frontex, etc.). Taken as a whole, this is a question of being interested in a process which leads to integration in criminal matters between European States. It might be useful to take this opportunity to suggest a re-definition of the European areas in criminal matters under the heading “Criminal Europe”. The necessary organizational modifications may thus be put forward
Céspedes, Arteaga Jackeline Patricia. "La contribution de la jurisprudence de la cour de justice de l'Union européenne à la constitution de l'ordre juridique de la Communauté andine". Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D017.
Pełny tekst źródłaThe model of the European Union is the most remarkable source of inspiration for systems of integration developing throughout the world, not only because of the wealth and diversity of its institutions but also due to the existence of the Court of Justice of the European Union and its constructive jurisprudence.In particular, this unionist model has been adopted within the South American continent, which has effectively developed an institution comparable to the European Union: the Andean Community.Created in 1969, it differs from other systems of integration in the region in that it constitutes a distinct Andean Community law independent from the legal structures of its Member States, and based on primacy and direct applicability - two principles that have shaped the construction of the European Union. In addition, the Andean Community has a unique structure since the Andean system of integration incorporates administrative, political and judicial institutions.Among them, as does the Court of Justice of the European Union, the Court of the Andean Community ensures that "the interpretation and application of the law" is respectful of the standards of the Andean Community. Thus, the jurisprudence of the Court of Justice of the European Union undeniably serves as a helpful model for the Court of Justice of the Andean Community.It is on this point that this research focuses, aiming to highlight the contribution of the European Union to the constitution of the legal order of the Andean Community through its continuously-evolving jurisprudence which carries influence both inside and outside of the borders of the European continent.The Andean Community has developed as a gradually-consolidated system of integration. It is currently undergoing a process of renewal in response to the new economic and political challenges emerging in the region, while still seeking to achieve a balance between the needs for legal stability and the necessary evolution of its legal system
Sotelo, Luz Maria. "L’harmonisation du droit d’asile dans l’Union Européenne : de Tampere à Stockholm". Thèse, 2010. http://hdl.handle.net/1866/4788.
Pełny tekst źródłaThis thesis relates to the right of asylum in the European Union. It is not only a legislative analysis on the implementation of the Common European Asylum System as a consequence of the creation of an area of freedom, security and justice by the Amsterdam Treaty, but also it is an assessment of the harmonization level that this Common European Asylum System has reached within the EU, and finally it is an appraisal of the relationship between the implementation of this Common European Asylum System on one side and the respect for human rights of asylum seekers and international protection seekers by Member States and by the Community on the other side.